Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Tennessee State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN 130-1-9601a; TN 116-1-9602a; TN 114-1-9603a; FRL-5345-9]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Tennessee State

Implementation Plan (SIP) submitted on June 21, 1993, and June 22,

1993, by the State of Tennessee, through the Tennessee Department of

Environment and Conservation (DEC). The submittal of June 21, 1993

revises Chapter 1200-3-14 Control of Sulfur Dioxide Emissions and the

submittal of June 22, 1993 revises Chapter 1200-3-10 Required Sampling,

Recording and Reporting. On December 17, 1993, the Memphis Shelby

County Health Department, through the Tennessee DEC, submitted

revisions to Section 16-85 of the Memphis Shelby County Portion of the

Tennessee SIP which adopt by reference revisions to Chapter 1200-3-10

of the Tennessee SIP. The intended effect of this revision is to

clarify certain provisions and ensure consistency with the Clean Air

Act.

DATES: This action is effective May 20, 1996 unless notice is received

by April 18, 1996 that someone wishes to submit adverse or critical

comments. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin,

Regulatory Planning and Development Section, Air Programs Branch, Air,

Pesticides & Toxics Management Division, Region 4 Environmental

Protection Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365.

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 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, 9th Floor L & C Annex, 401 Church Street, Nashville,

Tennessee 37243-1531.

Memphis and Shelby County Health Department, 814 Jefferson Avenue,

Memphis, Tennessee 38105.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is

404/347-3555 extension 4216.

SUPPLEMENTARY INFORMATION: On June 21, 1993, the State of Tennessee,

through the Tennessee DEC, submitted revisions to Chapter 1200-3-14

Control of Sulfur Dioxide Emissions. The changes are as follows: 1.)

Paragraph 1200-3-14-.03(4) was amended by inserting after the second

sentence the following: ``This document will be incorporated into the

State Implementation Plan. The cost of the legal notice involved must

be paid by the requesting source.''

On June 22, 1993, the State of Tennessee, through the Tennessee

DEC, submitted revisions to Chapter 1200-3-10 Required Sampling,

Recording and Reporting. The changes are as follows: 1.) Paragraph

1200-3-10.02(1)(c)2 is amended by deleting the text and inserting the

word ``(Reserved)''. This deletion removes the authority for the

Technical Secretary to approve alternate monitoring standards.

On December 17, 1993, the Memphis Shelby County Health Department,

through the Tennessee DEC, submitted revisions to Section 16-85 of the

Memphis Shelby County Portion of the Tennessee SIP. This revision

adopts by reference changes to Chapter 1200-3-10 of the Tennessee SIP

identified in the previous paragraph.

Final Action

EPA is approving the above referenced revisions to the Tennessee

State Implementation Plan (SIP). This action is being taken without

prior proposal because the EPA 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 May 20, 1996 unless, by April 18, 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 this action serving as a

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 May 20, 1996.

Under Section 307(b)(1) of the Clean Air Act (CAA), 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 20, 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

[[Page 11137]]

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 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. 7410(a)(2)

and 7410(k)(3).

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 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 110 of the CAA.

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

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

this action will impose any mandate upon the State, local or tribal

governments either as the owner or operator of a source or as a

regulator, or would impose any mandate upon the private sector. EPA's

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. Therefore, 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: December 4, 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)(134) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(134) Revisions to the State of Tennessee Air Pollution Control

Regulations submitted by the Tennessee Department of Environment and

Conservation on June 21, 1991, and June 22, 1993. These consist of

revisions to Chapter 1200-3-10 Required Sampling, Recording and

Reporting, and Chapter 1200-3-14 Control of Sulfur Dioxide Emissions.

Revisions to section 16-85 of the Memphis/Shelby County portion of the

Tennessee SIP which adopt by reference changes made to Chapter 1200-3-

10 of the Tennessee SIP.

(i) Incorporation by reference.

(A) Chapter 1200-3-14, effective March 21, 1993.

(B) Chapter 1200-3-10, effective March 13, 1993.

(C) Section 16-85 of the Memphis/Shelby County Health Department,

Air Pollution Control Regulations effective October 23, 1993.

(ii) Other material. None.

[FR Doc. 96-6002 Filed 3-18-96; 8:45 am]

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