Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations 43643

with modifications described in the

final rule, will achieve the design

objectives set forth in the proposal.

Accordingly, EPA has adopted the

sampler and other method requirements

specified in the revised Appendix L as

the reference method for measuring

PM2.5 in the ambient air. As discussed

in the preamble to the final rule, a series

of field tests were performed using

prototype samplers manufactured in

accordance with the proposed design

and performance specifications. The

results of these field tests confirmed that

the prototype samplers perform in

accordance with design expectations.

Operational experience gained through

these field tests did, however, identify

the need for minor modifications as

discussed in the preamble to the final

rule. As explained in that preamble,

EPA made other modifications to the

proposed design and performance

specification in response to public

comment. As part of this process, EPA

performed laboratory tests to ensure that

the modifications achieved the intended

objective.

While the results of the field and

laboratory tests were largely

confirmatory in nature and did not

indicate a need to alter the basic design

and performance specifications, they

did identify areas that needed further

refinement. Given that these tests were

performed, by necessity, during and

after the close of the public comment

period and because the results were not

available for placement in the docket

until late in the rulemaking process, the

preamble to the final rule announced

that a supplemental comment period

would be held for the limited purpose

of taking comments on these field and

laboratory tests results. The July 18,

1997 action announcing the

supplemental comment period (62 FR

38762), identified the following

documents:

1. ‘‘Adaptation of the Low-Flowrate,

PM10, Dichotomous Sampler Inlet to

Fine Particle Collection.’’

2. ‘‘Filter Temperature Specification

Report.’’

3. ‘‘Flow Rate Specification Report.’’

4. ‘‘Laboratory and Field Evaluation of

FRM Sampler Report.’’

5. ‘‘Prototype PM2.5 Federal Reference

Method Field Studies Report.’’

The July 18, 1997 action emphasized

that the supplemental comment period

was for the limited purpose of taking

comment on the documents specified in

the July 18, 1997 action only. Comments

on the reference method for PM2.5 that

go beyond the scope of these specific

documents would not be considered.

The July 18, 1997 action indicated that

upon close of the supplemental

comment period, EPA would consider

the comments received and decide

whether any further action is

appropriate.

Since the supplemental comment

period was announced, EPA has

identified errors in the ‘‘Prototype PM2.5

Federal Reference Method Field Studies

Report’’. As a result, EPA has prepared

three correction pages and has entered

them into Docket No. A–95–54 and they

are available for inspection and copying

at the Office of Air and Radiation

Docket and Information Office at the

address in ADDRESSES at the beginning

of this document. Copies may also be

obtained by contacting Neil H. Frank at

the address in FOR FURTHER INFORMATION

CONTACT. In order to provide

opportunity for the public to review and

comment on these corrected pages, and

to permit additional time for interested

parties that could not immediately

obtain copies of the five documents,

EPA is extending the supplemental

comment period until September 8,

1997.

List of Subjects in 40 CFR Part 50

Environmental protection, Air

pollution control, Carbon monoxide,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Sulfur oxides.

(Authority: Secs. 108 and 109, Clean Air Act,

as amended (42 U.S.C. 7408, 7409)).

Dated: August 7, 1997.

Mary Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–21697 Filed 8–14–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–142–9727(a); FRL–5872–9]

Approval and Promulgation of

Revisions to Tennessee SIP Chapter

1200–3–5 Visible Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On October 4, 1994,

Tennessee submitted, through the

Department of Environment and

Conservation, a new chapter 1200–3–5

Visible Emissions to replace the existing

chapter 1200–3–5 Visible Emissions in

the Tennessee State Implementation

Plan (SIP). These revisions include

amendments and repeals of existing

rules. EPA is approving these

amendments and repeals as they

conform to the requirements of the SIP

as set out in the Clean Air Act (CAA) as

amended in 1990.

DATES: This final rule is effective

October 14, 1997 unless adverse or

critical comments are received by

September 15, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Randy

Terry at the Environmental Protection

Agency, Region 4 Air Planning Branch,

61 Forsyth Street, Atlanta, Georgia

30303.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day

and reference file TN 142–01–9727. The

Region 4 office may have additional

background documents not available at

the other locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW., Atlanta, Georgia

30303.

Department of Environment and

Conservation, 9th Floor L & C Annex,

401 Church St, Nashville, TN 37243–

1531.

FOR FURTHER INFORMATION CONTACT:

Randy Terry, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street

SW., Atlanta, Georgia, 30303. The

telephone number is (404) 562–9032.

SUPPLEMENTARY INFORMATION: On

October 4, 1994, Tennessee submitted,

through the Department of Environment

and Conservation, revisions to the

Tennessee SIP. Tennessee submitted a

new chapter 1200–3–5 Visible

Emissions to replace the existing

chapter. This new chapter contains all

of the changes made to the chapter. In

this document, the specific changes to

each regulation will be independently

addressed.

Chapter 1200–3–5-.01 General Standard

This rule was amended to incorporate

paragraphs (2) and (3) which require

that all sources identified in chapter

1200–3–19 must comply with this rule.

This rule also allows for an emission

limit to be set that is more restrictive

than that otherwise specified in this
43644 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations

chapter if there is mutual agreement

between any air contaminant source and

the Technical Secretary.

Chapter 1200–3–5-.02 Exceptions

This rule was amended to adopt

language that allows for the Technical

Secretary to conduct an Administrative

Hearing in the event of a dispute

between the owner or operator of an air

contaminant source and the Tennessee

Air Pollution Control Division.

Chapter 1200–3–5-.03 Methods of

Evaluation and Recording

This rule was amended to set forth the

provisions in which a determination of

visible emissions can be made and

specifies that a certified evaluator

(evaluator must be certified by criteria

approved by the board) must make the

determination. This rule specifies that

obscuration of vision caused by water

droplets shall not be considered a

violation of this rule and that all new

and/or modified sources on or after July

7, 1992, subject to the provisions in this

chapter shall utilize six-minute

averaging. Visible emissions

determinations for roads and parking

lots shall utilize two-minute averaging.

Chapter 1200–3–5-.04 Exemption

This rule was amended to clarify the

restrictions on when the exemption to

visible emissions can be applied. The

rule allows for exemptions from fuelburning equipment used exclusively to

provide space heating in a building

containing not more than two (2)

dwelling units. In addition this rule also

exempts all sources that have an

applicable visible emissions standard

under chapter 1200–3–16.

Chapter 1200–3–5-.05 Standard for

Certain Existing Sources

This rule was adopted to set the

emission standards that certain sources

must meet. This rule applies to all

sources meeting the conditions in

paragraphs (2) and (3) of this rule and

for which a certificate of validation has

been issued by the Technical Secretary

indicating that the conditions in

paragraph (2) are met. The selected

sources must have no visible emissions

in excess of forty percent opacity for an

aggregate of more than five minutes in

any one hour or more than twenty

minutes in any twenty four hour period.

The Technical Secretary must issue a

certificate of validation if the owner or

operator of the air contaminant source

demonstrates to the satisfaction of the

Technical Secretary that certain

conditions are met. The conditions

include but are not limited to the air

contaminant source being subject to the

rules contained in either Chapter 1200–

3–6 or Chapter 1200–3–7 and meeting

the appropriate emission standard

contained in those chapters.

Chapter 1200–3–5-.07 Certain Wood

Fired Fuel Burning Equipment

This rule was repealed.

Chapter 1200–3–5-.06 Wood-Fired Fuel

Burning Equipment, Chapter 1200–3–5-

.08 Titanium Dioxide (Ti02)

Manufacturing, 1200–3–5.10 Choice of

Visible Emission Standards for Certain

Fuel Burning Equipment and 1200–3–

5.11 Soda Recovery Boilers

These rules were not revised.

Chapter 1200–3–5-.09 Kraft Mill

Recovery Furnaces

This rule was amended to include a

section that specifies that the proper

procedure for a source to obtain the

applicable opacity de minimus level is

to monitor the opacity emissions as

described in Rule 1200–3–5-.02.

Chapter 1200–3–5-.12 Coke Battery

Underfire (Combustion) Stacks

This rule was added to set provisions

that would allow an owner or operator

of a coke battery underfire stack to elect

within 30 days of notification of

violation to conduct particulate

emissions testing in accordance with the

provisions of this chapter. The

particulate emissions testing would be

done to demonstrate compliance with

the applicable particulate mass

limitation within 45 days of the

election. In the event that this testing

demonstrates compliance with the mass

emission limitation and visible

emissions are in excess of the opacity

limitation during this testing, the

opacity observed during such testing

shall become the alternate opacity

limitation for that emission point. This

rule also sets forth the appropriate

methods to be used to determine an

alternate opacity limitation.

Final Action

EPA is approving Tennessee’s

revisions submitted on October 6, 1994,

for incorporation into the Tennessee

SIP. The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective October 14, 1997

unless, by September 15, 1997, adverse

or critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective October 14, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, I certify

that it does not have a significant impact

on any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the CAA, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C. 7410(a)(2)

and 7410(k)(3).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations 43645

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 14, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: July 9, 1997.

Michael V. Peyton,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart RR—Tennessee

2. Section 52.2220 is amended by

adding paragraph (c)(157) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(157) The visible emission chapter

revisions to the Tennessee SIP which

were submitted on October 6, 1994.

(i) Incorporation by reference.

(A) Chapter 1200–3–5 Visible

Emissions effective on June 7, 1992.

(ii) Other material. None.

* * * * *

[FR Doc. 97–21699 Filed 8-14-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 128–0043; FRL–5875–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern negative declarations

from the San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD)

for five source categories that emit

oxides of nitrogen (NOX): Nitric and

Adipic Acid Manufacturing Plants,

Cement Manufacturing Plants, Asphalt

Batch Plants, Iron and Steel

Manufacturing Plants, and Driers. The

SJVUAPCD has certified that these

source categories are not present in the

District and this information is being

added to the federally approved State

Implementation Plan. The intended

effect of approving these negative

declarations is to meet the requirements

of the Clean Air Act, as amended in

1990 (CAA or the Act). Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: This action is effective on

October 14, 1997 unless adverse or

critical comments are received by

September 15, 1997. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Comments must be

submitted to Julie Rose at the Region IX

office listed below. Copies of the

submitted negative declarations are

available for public inspection at EPA’s

Region IX office and also at the

following locations during normal

business hours.

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Air Docket (6102), U.S. Environmental

Protection Agency, 401 ‘‘M’’ Street,

S.W., Washington, D.C. 20460

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 92123–1095

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The revisions being approved as

additional information for the California

SIP include five negative declarations

from the SJVUAPCD regarding the

following source categories: (1) Nitric

and Adipic Acid Manufacturing Plants,

(2) Cement Manufacturing Plants, (3)

Asphalt Batch Plants, (4) Iron and Steel

Manufacturing Plants, and (5) Driers.

These negative declarations were

submitted by the California Air

Resources Board (CARB) to EPA on

October 17, 1994.

II. Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA) were

enacted. Public Law 101–549, 104 Stat.