[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50192-50195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16932]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-200524-FRL-7952-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Chattanooga, TN; Revised Format for Materials Being Incorporated by 
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Notice of administrative change.

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SUMMARY: EPA is revising the format of part 52 of Title 40 of the Code 
of Federal Regulations (40 CFR part 52) for materials submitted by 
Chattanooga, Tennessee that are incorporated by reference (IBR) into 
the State Implementation Plan (SIP). The regulations affected by this 
format change have all been previously submitted by the local agency 
and approved by EPA.
    This format revision will affect the ``Identification of Plan'' 
sections of 40 CFR part 52, by adding a table for the Chattanooga 
portion of the Tennessee SIP. This revision will also affect the format 
of the SIP materials that will be available for public inspection at 
the Office of the Federal Register (OFR), the Air and Radiation Docket 
and Information Center, and the Regional Office.

DATES: This action is effective August 26, 2005.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information 
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, and the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy DiFrank at the above Region 
4 address or at (404) 562-9042.

SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control 
measures and strategies used to attain and maintain the national 
ambient air quality standards (NAAQS). The SIP is extensive, containing 
such elements as air pollution control regulations, emission 
inventories, monitoring networks, attainment demonstrations, and 
enforcement mechanisms.
    Each state must formally adopt the control measures and strategies 
in the SIP after the public has had an opportunity to comment on them 
and then submit the SIP to EPA. Once these control measures and 
strategies are approved by EPA, after notice and comment, they are 
incorporated into the federally approved SIP and are identified in part 
52 ``Approval and Promulgation of Implementation Plans.'' The full text 
of the state regulation approved by EPA is not reproduced in its 
entirety in 40 CFR part 52, but is ``incorporated by reference.'' This 
means that EPA has approved a given state regulation with a specific 
effective date. The public is referred to the location of the full text 
version should they want to know which measures are contained in a 
given SIP. The information provided allows EPA and the public to 
monitor the extent to which a state implements a SIP to attain and 
maintain the NAAQS and to take enforcement action if necessary.
    The SIP is a living document which the state can revise as 
necessary to address the unique air pollution problems in the state. 
Therefore, EPA from time to time must take action on SIP revisions 
containing new and/or revised regulations as being part of the SIP. On 
May 22, 1997, (62 FR 27968), EPA revised the procedures for 
incorporating by reference (IBR), into the Code of Federal Regulations, 
materials submitted by states in their EPA-approved SIP revisions. 
These changes revised the format for the identification of the SIP in 
40 CFR part 52, streamlined the mechanisms for announcing EPA approval 
of revisions to a SIP, and streamlined the mechanisms for EPA's 
updating of the IBR information contained for each SIP in 40 CFR part 
52. Pursuant to these revised procedures, EPA is revising the format 
for identification of the Chattanooga portion of the Tennessee SIP, 
appearing in 40 CFR part 52. EPA has previously revised the format for 
the identification of the Tennessee SIP and the Memphis-Shelby County 
and Knox County portions of the SIP.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation, and APA section 
553(d)(3) which allows an agency to make an action effective 
immediately

[[Page 50193]]

(thereby avoiding the 30-day delayed effective date otherwise provided 
for in the APA). Today's administrative action simply codifies 
provisions which are already in effect as a matter of law in Federal 
and approved state programs. Under section 553 of the APA, an agency 
may find good cause where procedures are ``impractical, unnecessary, or 
contrary to the public interest.'' Public comment for this 
administrative action is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice of this action in the Federal Register benefits the public by 
providing the public notice of the Chattanooga portion of the Tennessee 
SIP in Tennessee's ``Identification of Plan'' portion of 40 CFR part 
52.

Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
administrative action is not a ``significant regulatory action'' and is 
therefore not subject to review by the Office of Management and Budget. 
This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866. Because the 
Agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the APA or any other 
statute as indicated in the SUPPLEMENTARY INFORMATION section above, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.,) or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This 
administrative action also does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This administrative action also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant. This administrative action does not involve 
technical standards; thus the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272) do not apply. This administrative action also does not involve 
special consideration of environmental justice related issues as 
required by Executive Order 12898 (59 FR 7629, February 16, 1994). This 
administrative action does not impose an information collection burden 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
EPA's compliance with these Statutes and Executive Orders for the 
underlying rules are discussed in previous actions taken on 
Chattanooga, Tennessee's rules.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. Today's 
administrative action simply codifies provisions which are already in 
effect as a matter of law in Federal and approved State programs. 5 
U.S.C. 808(2). These announced actions were effective when EPA approved 
them through previous rulemaking actions. EPA will submit a report 
containing this action and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of this action in the Federal 
Register. This revision to Chattanooga's portion of the Tennessee SIP 
in the ``Identification of Plan'' section of 40 CFR part 52 is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act pertaining to petitions for judicial review are not 
applicable to this action. This action is simply an announcement of 
prior rulemakings that have previously undergone notice-and-comment 
rulemaking. Prior EPA rulemaking actions for each individual component 
of the Chattanooga portion of the Tennessee SIP previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 4, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart RR--Chattanooga, Tennessee

0
2. Section 52.2220 is amended as follows:
0
a. By revising paragraph (b); and
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b. adding table 4 in paragraph (c) for Chattanooga, ``EPA Approved 
Chattanooga Regulations''.


Sec.  52.2220  Identification of plan.

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    (b) Incorporation by reference.
    (1) Material listed in paragraph (c) of this section with an EPA 
approval date prior to December 1, 1998, for Tennessee (Table 1 of the 
Tennessee State Implementation Plan), January 1, 2003 for Memphis 
Shelby County (Table 2 of the Memphis Shelby County portion of the 
Tennessee State Implementation Plan), March 1, 2005, for Knox County 
(Table 3 of the Knox County portion of the Tennessee State 
Implementation Plan), and April 1, 2005, for Chattanooga (Table 4 of 
the Chattanooga portion of the Tennessee State Implementation Plan) and 
paragraph (d) of this section with an EPA approval date prior to 
December 1, 1998 was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraph

[[Page 50194]]

(c) of this section with EPA approval dates after December 1, 1998, for 
Tennessee (Table 1 of the Tennessee State Implementation Plan), January 
1, 2003, for Memphis Shelby County (Table 2 of the Memphis Shelby 
County portion of the Tennessee State Implementation Plan), March 1, 
2005, for Knox County (Table 3 of the Knox County portion of the 
Tennessee State Implementation Plan), and April 1, 2005, for 
Chattanooga (Table 4 of the Chattanooga portion of the Tennessee State 
Implementation Plan) and paragraph (d) of this section with an EPA 
approval date of after December 1, 1998 will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of the dates referenced in paragraph (b)(1).
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., 
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information 
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., 
Washington, DC. 20460 and the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) * * *

                                 Table 4.--EPA Approved Chattanooga Regulations
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                                                                  Adoption
           State section                   Title/subject            date        EPA approval date    Explanation
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                                              Article I. In General
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Section 4-1.......................  Declaration of Policy and       07/20/89  05/08/90, 55 FR
                                     Purposes: Title.                          19066.
Section 4-2.......................  Definitions...............      08/16/95  02/18/97, 62 FR 7163
Section 4-3.......................  Regulations cumulative;         08/16/95  02/18/97, 62 FR 7163
                                     compliance with one
                                     provision no defense to
                                     noncompliance with
                                     another; use of
                                     alternative methods.
Section 4-4.......................  Penalties for violation of      08/16/95  02/18/97, 62 FR 7163
                                     chapter, permit or order.
Section 4-5.......................  Limitations of chapter....      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-6.......................  Air pollution control           08/16/95  02/18/97, 62 FR 7163
                                     board; bureau of air
                                     pollution control;
                                     persons required to
                                     comply with chapter.
Section 4-7.......................  Powers and duties of the        07/20/89  05/08/90, 55 FR
                                     board; delegation.                        19066.
Section 4-8.......................  Installation permit,            08/16/95  02/18/97, 62 FR 7163
                                     temporary operating
                                     permit, certification of
                                     operation and solid fuel
                                     permit.
Section 4-9.......................  Technical reports; charges      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-10......................  Records...................      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-11......................  General Requirements......      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-12......................  Limits on emissions due to      08/16/95  02/18/97, 62 FR 7163
                                     equipment malfunction,
                                     start-up or shutdown.
Section 4-13......................  Certificate of alternate        12/11/95  08/12/97, 62 FR
                                     control.                                  43109.
Section 4-14......................  Court determination of          07/20/89  05/08/90, 55 FR
                                     invalidity of having two                  19066.
                                     sets of limitations for
                                     process or fuel burning
                                     equipment; effect.
Section 4-15......................  Right to file abatement         07/20/89  05/08/90, 55 FR
                                     suits.                                    19066.
Section 4-16......................  Right of entry of city          08/16/95  02/18/97, 62 FR 7163
                                     employees; search
                                     warrants.
Section 4-17......................  Enforcement of chapter;         08/16/95  02/18/97, 62 FR 7163
                                     procedure for
                                     adjudicatory hearings.
Section 4-18......................  Hearings and judicial           08/16/95  02/18/97, 62 FR 7163
                                     review.
Section 4-19......................  Confidentiality of certain      08/16/95  02/18/97, 62 FR 7163
                                     records.
Section 4-20......................  Emergencies...............      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-21......................  Variances.................      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-22......................  Reserved.
-----------------------------------
                        Article II. Section 4-41 Rules, Regulations, Criteria, Standards
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Section 4-41 Rule 1...............  Rules adopted.............      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-41 Rule 2...............  Regulation of Nitrogen          08/15/95  08/12/97, 62 FR
                                     Oxides.                                   43109.
Section 4-41 Rule 3...............  Visible Emission                08/15/95  08/12/97, 62 FR
                                     Regulations.                              43109.
Section 4-41 Rule 4...............  Regulation of the               07/20/89  05/08/90, 55 FR
                                     Importation, Sales,                       19066.
                                     Transportation, Use or
                                     Consumption of Certain
                                     Fuels.
Section 4-41 Rule 5...............  Prohibition of Hand-Fired       07/20/89  05/08/90, 55 FR
                                     Fuel Burning Equipment.                   19066.
Section 4-41 Rule 6...............  Prohibition of Open             07/20/89  05/08/90, 55 FR
                                     Burning.                                  19066.
Section 4-41 Rule 7...............  Incinerator Regulation....      07/20/89  05/08/90, 55 FR
                                                                               19066.
Section 4-41 Rule 8...............  Fuel Burning Equipment          08/15/95  08/12/97, 62 FR
                                     Regulations.                              43109.
Section 4-41 Rule 9...............  Regulation of Visible           08/15/95  08/12/97, 62 FR
                                     Emissions from Internal                   43109.
                                     Combustion Engines.
Section 4-41 Rule 10..............  Process Emission                07/20/89  05/08/90, 55 FR
                                     Regulations.                              19066.
Section 4-41 Rule 11..............  Regulation of Transporting      07/20/89  05/08/90, 55 FR
                                     and Material Handling in                  19066.
                                     Open Air.
Section 4-41 Rule 12..............  Regulation of Odors in the      07/20/89  05/08/90, 55 FR
                                     Ambient Air.                              19066.
Section 4-41 Rule 13..............  Regulation of Sulfur            08/15/95  08/12/97, 62 FR
                                     Oxides.                                   43109.
Section 4-41 Rule 14..............  Nuisances.................      07/20/89  05/08/90, 55 FR
                                                                               19066.

[[Page 50195]]

 
Section 4-41 Rule 16..............  Emission Standards for          08/15/95  08/12/97, 62 FR
                                     Source Categories of Area                 43109.
                                     Sources.
Section 4-41 Rule 17..............  General Provisions and          07/20/89  05/08/90, 55 FR
                                     Applicability for Process                 19066.
                                     Gaseous Emissions
                                     Standards.
Section 4-41 Rule 18..............  Prevention of Significant       08/15/95  08/12/97, 62 FR
                                     Air Quality Deterioration.                43109.
Section 4-41 Rule 20..............  Proposed Infectious Waste       08/15/95  08/12/97, 62 FR
                                     Rule.                                     43109.
Section 4-41 Rule 21..............  Ambient Air Quality             08/15/95  08/12/97, 62 FR
                                     Standards.                                43109.
Section 4-41 Rule 22..............  (Reserved)................
Section 4-41 Rule 23..............  General Provisions and          07/20/89  05/08/90, 55 FR
                                     Applicability for Process                 19066.
                                     Gaseous Emissions
                                     Standards.
Section 4-41 Rule 24..............  (Reserved)................
Section 4-41 Rule 25..............  General Provisions and          08/15/95  08/12/97, 62 FR
                                     Applicability for                         43109.
                                     Volatile Organic
                                     Compounds.
Section 4-41 Rule 26..............  Reasonably Available            08/15/95  08/12/97, 62 FR
                                     Control Technology (RACT).                43109.
Section 4-41 Rule 27..............  Particulate Matter              08/15/95  08/12/97, 62 FR
                                     Controls for New Sources                  43109.
                                     and New Modifications
                                     after August 12, 1997.
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[FR Doc. 05-16932 Filed 8-25-05; 8:45 am]
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