14326 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations

§ 943.16 [Amended]

3. Section 943.16 is amended by

removing paragraphs (k), (l), (m), (n),

(o), (p), and (q).

[FR Doc. 97–7533 Filed 3–25–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–165–01–9633a; FRL–5709–8]

Approval and Promulgation of Air

Quality Implementation Plans,

Tennessee; Approval of Revisions to

Knox County Regulations for

Violations and General Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the permit requirements, definitions,

and administrative requirements for the

Knoxville/Knox County portion of the

Tennessee State Implementation Plan

(SIP). On March 4, 1996, the State

submitted revisions to the Knoxville/

Knox County portion of the Tennessee

SIP on behalf of Knoxville/Knox

County. These were revisions to the

enforcement authority requirements in

the Knoxville/Knox County portion of

the SIP. At this time, EPA is acting on

the SIP revisions submitted on March 4,

1996 and is approving all of the

submitted revisions.

DATES: This final rule is effective May

27, 1997 unless adverse or critical

comments are received by April 25,

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 Karen C.

Borel, at the Environmental Protection

Agency, Region 4 Air Planning Branch,

100 Alabama Street, SW, 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. Reference file

TN165–01–9633. 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, 100

Alabama Street, SW, Atlanta, Georgia

30303. [contact Karen Borel, 404/562–

9029].

Tennessee Department of

Environment and Conservation,

Division of Air Pollution Control, 9th

Floor L & C Annex, 401 Church Street,

Nashville, Tennessee 37243–1531. Knox

County Department of Air Pollution

Control, City-County Building, Suite

339, 400 West Main Street, Knoxville,

Tennessee, 37902.

FOR FURTHER INFORMATION CONTACT:

Karen C. Borel at (404) 562–9029.

SUPPLEMENTARY INFORMATION: The State

of Tennessee submitted revisions to the

Knoxville/Knox County portion of the

Tennessee SIP to EPA on March 4, 1996.

EPA found this submittal to be complete

on April 17, 1996. These revisions to the

Knox County portion of the SIP

establish consistent regulatory authority

between the title V Permit Program for

major sources and the SIP for minor

sources.

A. SIP Revisions

The Knoxville/Knox County Air

Pollution Control Board officially

adopted the proposed amendments to

the Knox County Air Pollution Control

Regulations affecting Sections 30.1.D,

30.1.F, and 30.1.G, Violations. These

regulatory revisions to their Section 30

make changes which are required to

establish consistent regulatory authority

between the SIP (minor sources) and

title V (major sources). These revisions

are the remainder of their plan to bring

the SIP into accordance with title I

requirements and to support their title

V program. EPA is approving the

following revisions to Section 30,

Violations/General.

Section 30.1.D

The following statement is added to

this section:

These penalties shall be recoverable in a

maximum amount of $25,000 per day per

violation as provided by State Law.

Section 30.1.F

The following statement is added to

the end of this section:

Such actions may be taken by the Director

without the necessity of a prior revocation of

any permit.’’

Section 30.1.G

The following statement is added to

the end of this section:

The Director has the authority to restrain

or enjoin immediately and effectively any

person, by order or by suit in court, from

engaging in any activity in violation of a

permit or the Knox County Air Pollution

Control Regulations that is presenting an

imminent and substantial endangerment to

the public health or welfare, or the

environment.

Final Action

EPA is fully approving the submitted

revisions to the Knoxville/Knox County

portion of the Tennessee State

Implementation Plan (SIP).

The Agency has reviewed this request

for revision of the Federally-approved

State implementation plan for

conformance with the provisions of the

1990 amendments enacted on November

15, 1990.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

action 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 on May 27, 1997

unless, by April 25, 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 then be

addressed in a subsequent final rule

based on the 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

on May 27, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to any state implementation

plan 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

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations 14327

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

economic impact on a substantial

number of small entities. Small entities

include small business, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under sections 110 and

subchapter I, part D of the Act 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 Act,

preparation of a regulatory flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘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 Act, 42

U.S.C. 7607 (b)(1), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by May 27, 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) of the Act, 42 U.S.C. 7607

(b)(2).]

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: January 15, 1997.

A. Stanley Meiburg,

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)(149) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(149) On March 4, 1996, the State

submitted revisions to the Knoxville/

Knox County portion of the Tennessee

SIP on behalf of Knoxville/Knox

County. These were revisions to the

enforcement authority requirements in

the Knoxville/Knox County regulations.

These revisions incorporate changes to

Knoxville’s Section 30.1 which are

required in the Clean Air Act as

amended in 1990 and 40 CFR part 51,

subpart I.

(i) Incorporation by reference.

(A) Knox County Air Pollution

Control Regulations, Sections 30.1.D,

30.1.F, and 30.1.G, adopted on January

10, 1996.

(ii) Other material. None.

[FR Doc. 97–7694 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CT27–1–7200a; A–1–FRL–5667–4]

Clean Air Act Approval and

Promulgation of State Implementation

Plans; Connecticut: PM10 Prevention

of Significant Deterioration

Increments; and Approval of a Second

1-Year Extension of PM10 Attainment

Date for New Haven

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is fully approving a State

Implementation Plan (SIP) revision

submitted by the State of Connecticut,

which replaces the total suspended

particulate (TSP) prevention of

significant (PSD) increments with

increments for PM10 (particulate matter

with an aerodynamic diameter less than

or equal to a nominal 10 micrometers).

EPA is also fully approving

Connecticut’s request for a second 1-

year extension of the attainment date for

the New Haven PM10 nonattainment

area, based on monitored air quality

data for the national ambient air quality

standard for PM10 during the years

1993–95. These actions are being taken

under the Clean Air Act.

DATES: This action is effective on May

27, 1997, unless adverse or critical

comments are received by April 25,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection, EPA-Region 1,

JFK Federal Building (CAA), Boston,

MA 02203. Copies of the documents

relevant to this action are available for

public inspection by appointment

during normal business hours at the

following locations: Office of Ecosystem