Approval and Promulgation of Air Quality Implementation Plans, Tennessee; Approval of Revisions to Knox County Regulations for Violations and General Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-165-01-9633a; FRL-5709-8]

Approval and Promulgation of Air Quality Implementation Plans,

Tennessee; Approval of Revisions to Knox County Regulations for

Violations and General Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the permit requirements,

definitions, and administrative requirements for the Knoxville/Knox

County portion of the Tennessee State Implementation Plan (SIP). On

March 4, 1996, the State submitted revisions to the Knoxville/Knox

County portion of the Tennessee SIP on behalf of Knoxville/Knox County.

These were revisions to the enforcement authority requirements in the

Knoxville/Knox County portion of the SIP. At this time, EPA is acting

on the SIP revisions submitted on March 4, 1996 and is approving all of

the submitted revisions.

DATES: This final rule is effective May 27, 1997 unless adverse or

critical comments are received by April 25, 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, 100 Alabama 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 TN165-01-9633. 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, 100

Alabama Street, SW, Atlanta, Georgia 30303. [contact Karen Borel, 404/

562-9029].

Tennessee Department of Environment and Conservation, Division of

Air Pollution Control, 9th Floor L & C Annex, 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: Karen C. Borel at (404) 562-9029.

SUPPLEMENTARY INFORMATION: The State of Tennessee submitted revisions

to the Knoxville/Knox County portion of the Tennessee SIP to EPA on

March 4, 1996. EPA found this submittal to be complete on April 17,

1996. These revisions to the Knox County portion of the SIP establish

consistent regulatory authority between the title V Permit Program for

major sources and the SIP for minor sources.

A. SIP Revisions

The Knoxville/Knox County Air Pollution Control Board officially

adopted the proposed amendments to the Knox County Air Pollution

Control Regulations affecting Sections 30.1.D, 30.1.F, and 30.1.G,

Violations. These regulatory revisions to their Section 30 make changes

which are required to establish consistent regulatory authority between

the SIP (minor sources) and title V (major sources). These revisions

are the remainder of their plan to bring the SIP into accordance with

title I requirements and to support their title V program. EPA is

approving the following revisions to Section 30, Violations/General.

Section 30.1.D

The following statement is added to this section:

These penalties shall be recoverable in a maximum amount of

$25,000 per day per violation as provided by State Law.

Section 30.1.F

The following statement is added to the end of this section:

Such actions may be taken by the Director without the necessity

of a prior revocation of any permit.''

Section 30.1.G

The following statement is added to the end of this section:

The Director has the authority to restrain or enjoin immediately

and effectively any person, by order or by suit in court, from

engaging in any activity in violation of a permit or the Knox County

Air Pollution Control Regulations that is presenting an imminent and

substantial endangerment to the public health or welfare, or the

environment.

Final Action

EPA is fully approving the submitted revisions to the Knoxville/

Knox County portion of the Tennessee State Implementation Plan (SIP).

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 amendments enacted on November 15, 1990.

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 May 27, 1997 unless, by April 25, 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 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 May 27, 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

any 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

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

[[Page 14327]]

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 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 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).

C. 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 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 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 May 27,

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) of the Act, 42 U.S.C. 7607 (b)(2).]

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Reporting and recordkeeping requirements.

Dated: January 15, 1997.

A. Stanley Meiburg,

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)(149) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(149) On March 4, 1996, the State submitted revisions to the

Knoxville/Knox County portion of the Tennessee SIP on behalf of

Knoxville/Knox County. These were revisions to the enforcement

authority requirements in the Knoxville/Knox County regulations. These

revisions incorporate changes to Knoxville's Section 30.1 which are

required in the Clean Air Act as amended in 1990 and 40 CFR part 51,

subpart I.

(i) Incorporation by reference.

(A) Knox County Air Pollution Control Regulations, Sections 30.1.D,

30.1.F, and 30.1.G, adopted on January 10, 1996.

(ii) Other material. None.

[FR Doc. 97-7694 Filed 3-25-97; 8:45 am]

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