Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations 66747

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); Section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. § 117.317 is amended by revising

paragraph (f) to read as follows:

§ 117.317 Okeechobee Waterway

* * * * *

(f) Florida East Coast Railroad bridge,

mile 38.0, at Port Mayaca.

(1) The bridge is not constantly

tended.

(2) The draw is normally in the fully

open position displaying flashing green

lights to indicate that vessels may pass.

(3) When a train approaches the

bridge it will stop and a crewmember

will observe the waterway for

approaching vessels, which will be

allowed to pass. Upon manual signal,

the bridge lights will go to flashing red,

and the horn will sound four blasts,

pause, then repeat four blasts, then the

draw will lower and lock, providing

scanning equipment reveals nothing

under the span.

(4) After the train has cleared, the

draw will open, and the lights will

return to flashing green.

* * * * *

Dated: December 11, 1995.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 95–31218 Filed 12–22–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–134–1–6769a; FRL–5316–9]

Approval and Promulgation of

Implementation Plans; Tennessee:

Revisions to Knox County Regulations

for Appeals, Violations, Monitoring,

Recording, and Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Knox County portion of the

Tennessee State Implementation Plan

(SIP) submitted by the State of

Tennessee through the Tennessee

Department of Environment and

Conservation on June 28, 1994. This

submittal included revisions to the

current regulations concerning appeals,

judicial review, and violations of the air

pollution regulations in Knox County.

This submittal also included revisions

which added requirements for enhanced

monitoring compliance certification and

enforcement. However, no action is

being taken on these revisions at this

time, due to the preliminary nature of

the proposed federal requirements for

enhanced monitoring and compliance

assurance monitoring.

DATES: This final rule will be effective

February 26, 1996, unless adverse or

critical comments are received by

January 25, 1996. 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

Borel at the EPA Regional Office listed

below. Copies of the 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.

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 Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, L & C Annex, 9th

Floor, 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:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen C. Borel,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE, Atlanta, Georgia 30365. The

telephone number is 404/347–3555,

extension 4197. Reference file TN134–

01–6769.

SUPPLEMENTARY INFORMATION: On June

28, 1994, the State of Tennessee through

the Tennessee Department of

Environment and Conservation

submitted a revision to the Knox County

portion of its SIP incorporating changes

to regulations for appeals, judicial

review, violations, and monitoring,

recording and reporting. The SIP

revision consists of changes to sections

29.1.B, 29.3, 30.1.A, and 30.1.D, and the

addition of section 26.6. EPA is not

taking action on the addition of section

26.6 at this time, due to the preliminary

nature of the proposed federal

regulations for enhanced monitoring

and compliance assurance monitoring.

The revisions which are being approved

are summarized as follows.

1. Section 29.1.B has been revised.

This paragraph has been amended to

change the phrase ‘‘citizen of Knox

County’’ to the word ‘‘person’’ early in

the first sentence, and to add the word

‘‘a’’ just prior to ‘‘public hearing’’ at the

end of this paragraph.

2. Section 29.3 has been revised. This

paragraph has been amended such that

any ruling of the Air Pollution Control

Board is now subject to judicial review

in the State court, rather than in the

Knox County Circuit Court.

3. Section 30.1.A has been revised.

This paragraph now refers to

‘‘violations’’ rather than the singular

‘‘violation.’’ It also calls for punishment

of violations in accordance with

Tennessee law, rather than the

Tennessee Code Annotated.

4. Section 30.1.D has been deleted

and replaced. The previous language

described actual penalties for violations,

such as fines or imprisonment. The

replacement language states that civil

penalties will be assessed as provided

by Tennessee law.

Final Action

EPA is approving the aforementioned

revisions contained in the State’s June

28, 1994, submittal. 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

February 26 1996, unless, within 30

days of its publication, 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 separate 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 February 26, 1996.
66748 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations

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 February 26,

1996. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for 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).)

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

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any state

implementation plan. Each request for

revision to the 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.

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 regulatory

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. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

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

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 undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under the Clean

Air Act. These rules may bind State,

local and tribal governments to perform

certain actions and also require the

private sector to perform certain duties.

To the extent that the rules being

approved by this action will impose no

new requirements; such sources are

already subject to these regulations

under State law. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action. EPA has also

determined that this final action does

not include a mandate that may result

in estimated costs of $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: October 2, 1995.

Patrick M. Tobin,

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)(132) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(132) Revisions to the Knox County

Air Pollution Control Regulations

submitted by the Tennessee Department

of Environment and Conservation on

June 28, 1994. These consist of revisions

to appeals, judicial review, and

violations of the air pollution

regulations in Knox County.

(i) Incorporation by reference.

Knox County Air Pollution Control

Regulations, Sections 29.1.B, 29.3,

30.1.A, and 30.1.D adopted May 25,

1994.

[FR Doc. 95–31036 Filed 12–22–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[ME26–1–7263a; FRL–5345–9]

Approval and Promulgation of

Implementation Plans; Maine; NOX

Exemption Request for Northern Maine

and NOX Control Approval

AGENCY: United States Environmental

Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving, in

final, a limited exemption request from

the requirements contained in section

182(f) of the Clean Air Act (Act) for the

Northern Maine area (specifically,

Oxford, Franklin, Somerset, Piscataquis,

Penobscot, Washington, Aroostook,

Hancock and Waldo Counties). These 9

counties, as with the rest of the State of

Maine, are part of the Ozone Transport

Region (OTR) as provided for in section

184(a) of the Clean Air Act. Section

182(f) in combination with section 184

(relating to ozone transport regions) of

the Act requires States in the OTR, such

as Maine, to adopt reasonably available

control technology (RACT) rules for

major stationary sources of nitrogen

oxides (NOX) and to provide for

nonattainment area new source review

(NSR) for new sources and

modifications that are major for NOX.

This exemption request, submitted by

the State of Maine on September 7,

1995, is based on a demonstration that

NOX emissions in this 9 county area are

not impacting Maine’s moderate

nonattainment areas or other

nonattainment areas in the Ozone

Transport Region (OTR) during times

when elevated ozone levels are

monitored in those areas. As such,

additional reductions in NOX emissions

from these 9 counties beyond what the

state regulation would provide for are

not necessary for attainment in these

areas currently in nonattainment, and,

because they do not contribute to the

ozone problem anywhere in the OTR are

also not necessary for purposes of

showing future attainment for any other