ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-0AR-2010-0150-201009(a); FRL- ] Approval and Promulgation ofImplementation Plans: Tennessee; Visibility Impairment

Preventionfor Feder,al Class I Areas; Removal ofFederally Promulgated Provisions



### AGENCY: Environmental Protection Agency (EPA). 

### ACTION: Directfinal rule. 

### SUMMARY: EPA is taking direct fmal action to rescind the federally promulgated provisions regarding visibility in40 CFR 52.2234 ofthe Tennessee State Implementation Plan (SIP). EPA approved Tennessee's visibility rules addressingnew sourcereview (NSR) onJuly 18, 1996, and aplan addressing monitoring andreporting ofvisibility on July 2, 1997. EPA's approval ofthese rules neglectedto remove the previous federally promulgated provisions from the Federal Implementation Plan (FIP) contained in 40 CFR 52.2234. EPA is correcting this omission inthis rulemaking.



### DATES: This rule is effective on [Insertdate 60 days from date ofpublication in the Federal Register] without further notice, unless EPA receives relevant adverse comment by [Insert date 30 days from date ofpublication in the Federal Registerl. IfEPA receives suchcomment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will nottake effect.

### ADDRESSES: Submit your comments, identified by Docket ill No. EPA-R04-0AR2010-0150, by one ofthe following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjamin.lynorae@epa.gov
.



# . 3. Fax: (404) 562-9019. 4. Mail: "EPA-R04-0AR-201O-0150," Regulatory Development Section, Air Planning Branch, Air, Pesticides and Taxies Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. 5. HandDelivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, AirPlanning Branch, Air, Pesticides andToxics ManagementDivision, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours ofoperation. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30to 4:30, excluding federal holidays.

Instructions: Direct your comments to Docket ID No. "EPA-R04-0AR-2010-0150." EPA's policy is that all comments received will be included in the public docket without change and maybe made available online at www.regulations.gov, induding any personal information provided, unless the comment includes infonnationclaimedto be Confidential Business Information (CBI) or other information whose disclosure is restrictedby statute. Do not submit through www.regulations.gov ore-mail, information that you considerto beiCBI or otherwiseprotected. The www.regulations.gov Web site



### 2is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body ofyour comment. Ifyou send an email comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part ofthe commentthat is placed inthe public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form ofencryption, and be free ofany defects or viruses. For additional information about EPA's public docket visit the EPADocket Centerhomepage at http://www.epa.gov/epahome/dockets.htm.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, Le., CBI
orother information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is notplaced on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. EPA requests that ifat all possible, you contact the person listed in the



### .FORFURTHER INFORMATION CONTACT section to schedule your inspection.

3The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding federal holidays.



### FORFURTHERINFORMATION CONTACT: Nacosta C. Ward, Regulatory DevelopmentSection, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. Ward may be reachedby phone at (404) 562-9140 or by electronic mail address ward.nacosta@epa.gov.



### SUPPLEMENTARY INFORMATION: Table ofContents I. Background for Today's Action II. Final Action III. Statutory and Executive OrderReviews



### I. Backgroundfor Today's Action On February 9, 1993, and December 19, 1994, the State ofTennessee submitted provisions constituting its plan to address visibility impairment in Federal Class I areas. EPA approved these submittals onJuly 2, 1997 (62 FR 35681). On January 17, 1995, the State ofTennessee also submitted rules for addressing visibility in its NSR program. EPA fully approved this submittal onJuly 18,1996 (61 FR 35387). The aforementioned submittals provide the necessary revisions to Tennessee's plan for visibility impairmentprevention for Class I.areas, and satisfied EPA's

4requirements as set forth in 40 CFR 51.300 through 51.304 and 51.306. These visibility provisions were submitted to EPA in orderto satisfy the second part ofthe Settlement Agreement with the Environmental Defense Fund. et al., EnvironmentaL Defense Fundv. Thomas, number C826850 RPA, and are described at49 FR 20647 on May 16, 1984. The schedule for submittal and promulgation ofthese visibility provisions was renegotiated and subsequently extended by a court orderon September9, 1986. The second part ofthe Settlement Agreement required EPA to propose and promulgate Federal Visibility SIPs. addressing the general visibility planprovisions including implementation control strategies (40 CFR 51.302), integral vista protection (40 CFR 51.302 through 51.307). and long-term strategies (40 CFR 51.306) for those states whose SIPs EPA had determined to be inadequate with respect to the above provisions (seeJanuary 23. 1986. notice ofdeficiency (51 FR 3046) and March 12, 1987, notice proposing FIPs for deficient State SIPs (52 FR 7803)). However. as provided in the renegotiated Settlement Agreement, a state could avoid the promulgationofsaid provisions ifthey submitted a visibility SIP by August 31, 1987. The State ofTennessee did not submit aplanby August 31. 1987, and as aresult EPA promulgated Pan2 provisions for Tennessee in aFIP to satisfy the Settlement Agreement on November24, 1987. Subsequently, the State ofTennessee provided SIP revisions onFebruary 9, 1993, December 19, 1994, and January 17. 1995, with the intent to replace the EPApromulgated provisions (orFIP) that was putinplace. The EPA actions onJuly 18, 1996 and July 2. 1997, fully approved these Tennessee SIP revisions but inadvertently did not

5remove the federally-promulgated provisions in40 CFR 52.2234. Today's action corrects that oversight.



### II. Final Action EPA is taking direct final action to correct an omissionrelated to the visibility requirements for Tennessee. Specifically, EPA is removing the previous federally promulgatedprovisions in40 CFR 52.2234 for visibility for Tennessee because the State later submitted, and EPA approved, revisions covering visibility requirements for Tennessee. EPA is approving the aforementioned·changes to the Tennessee SIP because they are consistent with the CAA and Agency requirements. EPA is publishing this rule without priorproposal because the Agency views this as anoncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section ofthis Federal Register publication, EPA is publishing a separate document that will serve as the proposalto approve the SIP revision should adverse comments be filed
..This rule will be effective [Insert date 60 days from the date ofpublication) without further notice unless the Agency receives adverse comments by [Insert date 30 days from date ofpublicationl. IfEPA receives such comments, then EPA will publish a document withdrawing the fmal rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequentfinal rule based on the proposed rule. EPA will not institute a second commentperiod. Parties interested in commenting should do so at this time. Ifno such comments are received, the public is advised that this rule will be effective on [Insert date 60 days from date ofpublication] and no further action will be taken on the proposed rule.

6III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission thatcomplies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.c. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, providedthat they meet the criteriaofthe Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. Forthatreason, this action:

• is nota "significantregulatory action" subjectto review by the Office of Management andBudgetunder Executive Order 12866 (58 FR 51735, October4, 1993);

• does not impose aninfonnation collection burden underthe provisions ofthe PaperworkReduction Act (44 U.S.c. 3501 et seq.);

• is certified as not having a significant economic impact on a substantial number of smallentities under the Regulatory Flexibility Act (5 U.S.c. 601 etseq.);

• does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Refonn Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significantregulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

7• is not a significantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22, 2001);

• is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.c. 272 note) because application ofthose requirements would be inconsistent withthe Clean Air Act; and

• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health orenvironmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specifiedby Executive Order 13175 (65 FR 67249, November 9,2000), because the SIP is not approved to apply in Indian country located in the state, andEPA notes that it will not impose substantial direct costs on tribal governments orpreempt tribal law.

The Congressional Review Act, 5 U.S.c. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generallyprovides thatbefore a rule may take effect, the agency promulgating the rule must submit a rule report, which includes acopy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit areport containing this action and other
. required information to the U.S. Senate, the U.S. House ofRepresentatives, and the' ComptrollerGeneral ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "majorrule" as defmed by 5 U.S.C. 804(2).



### 8Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed inthe United States CourtofAppeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublicationofthis document in the Federal Register]. Filing a petition forreconsideration by the Administrator ofthis final rule does not affectthe finality ofthis action for the purposes ofjudicial review nordoes it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. Parties with objections to this direct fmal rule are encouraged to file a comment in response to the parallel notice ofproposed rulemakipg for this actionpublished in the proposed rules section oftoday's Federal Register, ratherthan file an immediate petition forjudicial review ofthis direct fmal rule, so that EPA can withdraw this direct fmal rule and address the comment inthe proposed rulemaking. This action may notbe challenged laterin proceedings to enforce its**requirements~** (See section 307(b)(2)).

9ListofSubjects in 40 CFRPart52 Environmental protection, Airpollution control, Intergovernmental relations, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds, Sulfurdioxide.



### APR - 1 2010 Dated:

_ y Acting Regional Administrator. Region4.

1040 CFR part 52 is amended as follows: 

### PART 52-[AMENDED] 1. The authority citation continues to read as follows: 

### Authority: 42 U.S.C. 7401 et seq. 

### Subpart RR - Tennessee 2. Section 52.2234 is being amended to read as follows: 

### §52.2234 [Reserved]

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