Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to Process Gaseous Emission Standards for Total Reduced Sulfur Emissions From Kraft Mills

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[TN-115-01-9616a; FRL-5519-6]

Approval and Promulgation of Air Quality Implementation Plans;

Tennessee; Approval of Revisions to Process Gaseous Emission Standards

for Total Reduced Sulfur Emissions From Kraft Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving

revisions to the Tennessee State Implementation Plan (SIP), submitted

by the State of Tennessee through the Tennessee Department of

Environment and Conservation on June 25, 1993. The submittal included

revisions to the State's regulations for Process Gaseous Emission

Standards for Total Reduced Sulfur (TRS) from Kraft Mills. These

revisions were made to bring these regulations into compliance with the

1990 amendments to the Clean Air Act (the Act) and the Federal

regulations. EPA finds that the revised rules meet the Federal

requirements for process emission standards for sulfur emissions.

DATES: This final rule is effective August 12, 1996, unless adverse or

critical comments are received by July 12, 1996. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at

the Regional Office Address listed below.

Copies of the material submitted by the State of Tennessee may be

examined during normal business hours at the following 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 Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia 30365.

Tennessee Division of Air Pollution Control, 9th Floor L&C Annex, 401

Church Street, Nashville, Tennessee 37243-1531.

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 TN115-

01-9616.

SUPPLEMENTARY INFORMATION: On June 25, 1993, the State of Tennessee

submitted revisions to the Tennessee SIP, through the State of

Tennessee Department of Environment and Conservation. These revisions

were made to bring this regulation into accordance with the guidance

provided in the official EPA guidance document (EPA-450/2-78-0003b) and

to improve the ambient air quality surrounding affected facilities. The

SIP revision was reviewed by EPA to determine completeness, and a

letter of completeness dated July 26, 1993, was sent to the State of

Tennessee. EPA finds that the revisions provide for consistency with

the Act and corresponding Federal regulations. EPA is approving the

following revisions to the Tennessee SIP.

Rule 1200-3-7-.07(4) Total Reduced Sulfur Emissions From Kraft Mills

(a) This subparagraph is amended by striking the number ``24'' and

inserting the number ``12.''

(b) This subparagraph is amended by striking the number ``24'' and

inserting the number ``12.''

This new rule meets the requirements set forth in the EPA guidance

document EPA 450/2-78-003b, March, 1979. This recommends the 12-hour

averaging interval. Statistically the reduction in the averaging time

interval will result in reduced TRS emissions which will improve

ambient air quality surrounding the affected facilities.

Final Action

EPA is approving revisions to subparagraphs 1200-3-7-.07(4)(a) and

[[Page 29667]]

(b) for Total Reduced Sulfur Emissions for Kraft Mills. Specifically,

EPA is approving Tennessee's submittal as meeting the gaseous emissions

requirements for TRS emissions for Kraft Mills.

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 August 12, 1996, unless, by July 12, 1996, 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 August 12, 1996.

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 August

12, 1996. 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).]

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 should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP 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 economic impact on a substantial number of small entities.

Small entities include small business, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under sections 110 and 11 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).

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 Section 165 of the CAA.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. EPA has examined whether the rules being approved by this

action will impose no new requirements, since 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, and therefore there will be no

significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 62

Environmental protection, Air pollution control, Paper and paper

products industry, Phosphate, Reporting and recordkeeping requirements,

Sulfuric oxides.

Dated: May 28, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 62, of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 62--[AMENDED]

1. The authority citation for part 62 continues to read as follows:

Authority: 42 U.S.C. 7413 and 7601.

Subpart RR--Tennessee

2. Subpart RR is amended by adding an undesignated heading and a

new Sec. 62.10625 to read as follows:

Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

Sec. 62.10625 Identification of plan.

On June 25, 1993, the State submitted revisions to the Tennessee

State Implementation Plan (SIP). These were revisions to the process

gaseous emission standards. These revisions incorporate changes to Rule

1200-3-7-.07, subparagraphs (4)(a) and (4)(b) of the Tennessee SIP

which bring this into conformance with the requirements of 40 CFR part

62, subpart I.

[FR Doc. 96-14908 Filed 6-11-96; 8:45 am]

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