Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the SIP Regarding Emission Standards and Monitoring Requirements for Additional Control Areas

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-171-01-9764a; FRL-5863-9]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the SIP Regarding Emission Standards and

Monitoring Requirements for Additional Control Areas

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) which were submitted to EPA by the Tennessee

Department of Air Pollution Control (TDAPC), on April 30, 1996. The EPA

is approving these revisions to the Tennessee regulations regarding

emission standards and monitoring requirements for additional control

areas.

DATES: This final rule is effective September 29, 1997 unless adverse

or critical comments are received by August 29, 1997. 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

C. Borel at the Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303. Copies of

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.

Reference file TN171-01-9764. The Region 4 office may have additional

background documents not available at the other 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 Planning Branch, 61

Forsyth Street, SW., Atlanta, Georgia 30303, Karen C. Borel, 404/562-

9029.

Tennessee Department of Environment and Conservation, Division of

Air Pollution Control, L & C Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243-1531, 615/532-0554.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.

SUPPLEMENTARY INFORMATION: On April 30, 1996, the State of Tennessee

submitted formal revisions to the Tennessee SIP. EPA found the

submittal to be complete on July 8, 1996. These revisions to the SIP

consisted of the entire Chapter 1200-3-19 ``Emission Standards and

Monitoring Requirements for Additional Control Areas.'' This chapter

establishes specific emission standards for existing air contaminant

sources located in nonattainment areas within the State. EPA is

approving the revised Chapter 19 as described in the paragraphs below.

1. The phrase ``a nonattainment area'' has been changed to ``an

additional control area'' throughout this chapter. The State has

changed this description so that it now refers to areas which are in

nonattainment and areas which were formerly nonattainment but have been

redesignated to attainment. These redesignated areas are under

additional controls as required by their maintenance plans, as well as

any contingency measures that they may be implementing.

2. Chapter 1200-3-19.05(4) Operating Permits and Emissions Limiting

Conditions--This subparagraph has been revised to require that a

source, which is subject to enforceable limits on a RACT permit, must

also apply for a construction permit. Once the source has received a

construction permit, the RACT permit will be deleted from the SIP.

3. The phrase ``asphalt concrete plant'' has been changed to ``hot

mix asphalt plant'' throughout this chapter. The requirements for these

plants have not been revised.

Final Action

The EPA is approving the aforementioned revisions contained in the

State's April 30, 1996, 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 September 29,

1997 unless, by August 29, 1997, 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 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 September 29, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare

[[Page 40735]]

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

Clean Air 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, the Regional

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2)and 7410(k)(3).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 29, 1997. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Particulate

matter, Reporting and recordkeeping requirements.

Dated: July 9, 1997.

Michael V. Peyton,

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)(155) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(155) Revisions to Tennessee state implementation plan submitted to

EPA by the State of Tennessee on April 30, 1996, regarding emission

standards and monitoring requirements for additional control areas.

(i) Incorporation by reference.

Tennessee Division of Air Pollution Control Regulations, Chapter

1200-3-19, adopted September 7, 1988.

(ii) Other material. None.

* * * * *

[FR Doc. 97-20056 Filed 7-29-97; 8:45 am]

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