Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30235 

DC 20460–0001. Descriptive 

information and instructions for filling 

in the form are included in paragraphs 

(a)(4)(i) through (vii) of this section. 

* * * * * 

(d) Persons required to notify under 

this section shall file EPA Form 7710– 

53 with EPA by mailing the form to the 

following address: Document Control 

Officer, Office of Resource Conservation 

and Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 31. Section 761.243 is amended by 

revising paragraph (a) to read as follows: 

§ 761.243 Standard wipe sample method 

and size. 

(a) Collect a surface sample from a 

natural gas pipe segment or pipeline 

section using a standard wipe test as 

defined in § 761.123. Detailed guidance 

for the entire wipe sampling process 

appears in the document entitled, 

‘‘Wipe Sampling and Double Wash/ 

Rinse Cleanup as Recommended by the 

Environmental Protection Agency PCB 

Spill Cleanup Policy,’’ dated June 23, 

1987 and revised on April 18, 1991. 

This document is available on EPA’s 

Web site at http://www.epa.gov/pcb, or 

from the Program Management, 

Communications, and Analysis Office, 

Office of Resource Conservation and 

Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 32. Section 761.386 is amended by 

revising paragraph (e) to read as follows: 

§ 761.386 Required experimental 

conditions for the validation study and 

subsequent use during decontamination. 

* * * * * 

(e) Confirmatory sampling for the 

validation study. Select surface sample 

locations using representative sampling 

or a census. Sample a minimum area of 

100 cm2 on each individual surface in 

the validation study. Measure surface 

concentrations using the standard wipe 

test, as defined in § 761.123, from which 

a standard wipe sample is generated for 

chemical analysis. Guidance for wipe 

sampling appears in the document 

entitled ‘‘Wipe Sampling and Double 

Wash/Rinse Cleanup as Recommended 

by the Environmental Protection Agency 

PCB Spill Cleanup Policy,’’ available on 

EPA’s Web site at http://www.epa.gov/ 

pcb, or from the Program Management, 

Communications, and Analysis Office, 

Office of Resource Conservation and 

Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 33. Section 761.398 is amended by 

revising paragraph (a) to read as follows: 

§ 761.398 Reporting and recordkeeping. 

(a) Submit validation study results to 

the Director, Office of Resource 

Conservation and Recovery (5301P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, prior to the first use of 

a new solvent for alternate 

decontamination under § 761.79(d)(4). 

The use of a new solvent is not TSCA 

Confidential Business Information (CBI). 

From time to time, EPA will confirm the 

use of validated new decontamination 

solvents and publish the new solvents 

and validated decontamination 

procedures in the Federal Register. 

* * * * * 

[FR Doc. E9–14859 Filed 6–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0676–200820(a); 

FRL–8903–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Tennessee; Approval of Revisions to 

the Knox County Portion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the Knox 

County portion of the Tennessee State 

Implementation Plan (SIP) submitted by 

the State of Tennessee on April 21, 

2008. The revision pertains to the Knox 

County Department of Air Quality 

Management (KCDAQM) Regulation, 

Section 25.0 ‘‘Permits,’’ specifically 

subsection 25.6—Exemptions. This 

revision removes ‘‘mobile sources’’ from 

the list of exempted air contaminant 

sources, with respect to operating 

permits and reserves subsection 25.6.A. 

This revision is part of KCDAQM 

strategy to attain and maintain the 

National Ambient Air Quality Standards 

for 8-hour ozone, particulate matter 

(PM)2.5 and PM10. This revision was 

certified by the Tennessee Department 

of Environment and Conservation to be 

at least as stringent as the State of 

Tennessee’s existing requirements in 

Chapter 1200–3–9–.04 ‘‘Exemptions,’’ 

and is being approved pursuant to 

section 110 of the Clean Air Act (CAA). 

DATES: This direct final rule is effective 

August 24, 2009 without further notice, 

unless EPA receives adverse comment 

by July 27, 2009. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R04– 

OAR–2008–0676, by one of the 

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–OAR–2008– 

0676,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2008– 

0676.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 


sroberts on PROD1PC70 with RULES
30236 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

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 of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage 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, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed 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, Air Planning 

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 if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Twunjala Bradley, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9352. 

Ms. Bradley can also be reached via 

electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Analysis of 

Submittal 

On April 21, 2008, the State of 

Tennessee submitted a revision to the 

Knox County portion of the Tennessee 

SIP, which included a change to the 

KCDAQM Regulations Section 25.0 

‘‘Permits’’—Exemptions (25.6). This 

change was approved by the Knox 

County Air Pollution Control Board on 

January 16, 2008. 

The purpose of this revision is to 

remove ‘‘mobile sources’’ (25.6.A) from 

the Exemption list of Section 25.6 to 

prevent significant sources of air 

pollution (e.g. large diesel generator 

powered rock crusher, asphalt plant or 

distillation units) from invoking 

exemptions from obtaining a major 

source operating permit because of 

potential mobility of the device. These 

devices use portable engines, and in 

some cases, the equipment is only 

mounted on skids, wheels, or tires 

without any self-propulsion capabilities, 

which sources interpret as a mobile 

source. These devices may emit 

significant amounts of nitrogen oxides, 

a precursor to ozone pollution. 

According to KCDAQM, the 

applicability of the terms stationary and 

mobile, in the permitting context, have 

been misinterpreted. Mobile sources are 

described in the KCDAQM Regulations 

Section 25.6.A as ‘‘automobiles, trucks, 

buses, locomotives, planes, boats, and 

ships.’’ In addition, KCDAQM 

Regulations define ‘‘stationary source’’ 

as a fixed site producer of pollution 

including power plants and other 

facilities using industrial combustion 

processes. This SIP revision would 

prevent sources from attempting to 

claim exemption status for portable 

devices as mobile sources by removing 

‘‘mobile sources’’ from the list of 

exempted sources and reserving 25.6.A. 

This change was certified by the State 

of Tennessee to be at least as stringent 

as existing requirements under the SIP. 

II. Final Action 

EPA is now taking direct final action 

to approve the aforementioned change 

to the Knox County portion of the 

Tennessee SIP, pursuant to section 110 

of the CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective August 24, 2009 

without further notice unless the 

Agency receives adverse comments by 

July 27, 2009. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on August 24, 2009 

and no further action will be taken on 

the proposed rule. 

III. Statutory and Executive Order 

Reviews: 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of voluntary consensus 

standards would be inconsistent with 

the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30237 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 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. 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 the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 August 24, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, Ozone, 

Particulate matter. 

Dated: June 15, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 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 et seq. 

Subpart RR—Tennessee 

■ 2. Section 52.2220(c) Table 3 is 

amended by revising the entry for 

Section 25.0 to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

* * * * * * * 

Section 25.0 ............................. Permits .................................... January 16, 2008 .................... June 25, 2009 [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. E9–14873 Filed 6–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 661 

[Docket No. FTA–2008–0057] 

RIN 2132–AA99 

Buy America Requirements; Bi-Metallic 

Composite Conducting Rail 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: Following the two recent Buy 

America rulemakings pursuant to the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), the Federal 

Transit Administration (FTA) received a 

petition for reconsideration of the 

treatment of bi-metallic composite 

conducting rail as a steel product that 

must be manufactured in the United 

States. 

Because FTA believed adopting the 

petitions through a Final Rule would 

have altered the regulatory environment 

without notice-and-comment from all 

affected parties who may have been 

unaware of the petition, FTA declined 

to accept the petition and instead issued 

a Notice of Proposed Rulemaking. 

Through this Final Rule, FTA is 

amending its Buy America regulation to 

include bi-metallic composite 

conducting rail on the list of traction 

power equipment. As such, bi-metallic 

rail need only consist of 60 percent 

domestic content, with final assembly 

taking place in the United States. 

In addition, FTA is amending 

Appendix A of section 661.7 to restore 

the public interest waivers for small 

purchases which was inadvertently 

deleted and to update a cross reference 

to the list of products exempted under 

the Buy American Act of 1933, and 

amending statutory references in the 

compliance certifications in section 

661.12 

DATES: Effective Date: July 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard L. Wong, Office of the Chief 

Counsel, Federal Transit 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–4011 or 

Richard.Wong@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 24, 2008, FTA 

published a Notice of Proposed 

Rulemaking (NPRM) (73 FR 70950) 

seeking public comment whether bimetallic rail used as part of a power 

traction system should continue to be 

treated as a steel or iron product under 

section 661.3, a manufactured product 

under section 661.5, or traction power 

equipment under section 661.11(v). This 

was the outgrowth of a previous Buy 

America rulemaking (70 FR 71246) in 

which the Federal Transit 

Administration (FTA) discussed several 

proposals mandated by the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) (Pub L. 109–59), 


sroberts on PROD1PC70 with RULES