Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Nashville/Davidson County Portion of the Tennessee SIP

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-191-9827a; FRL-6208-5]

Approval and Promulgation of Implementation Plans; Tennessee:

Approval of Revisions to the Nashville/Davidson County Portion of the

Tennessee SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Nashville/Davidson County

portion of Tennessee's State Implementation Plan (SIP) concerning air

pollution control regulations by the Metropolitan Nashville/Davidson

County government. This regulatory revision to the SIP amends various

definitions in Section 10.56, ``Air Pollution Control,'' of the

Metropolitan Code of Laws. The revisions were submitted to EPA on April

7, 1997, by the State of Tennessee through the Tennessee Department of

Air Pollution Control (TDAPC).

DATES: This direct final rule will become effective March 1, 1999

without further notice, unless EPA receives relevant adverse comments

by February 1, 1999. If adverse comment is received, EPA 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: All comments should be addressed to Gregory O. Crawford 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 TN-191-01-9827. 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, Gregory O. Crawford, (404)

562-9046.

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.

Metropolitan Government of Nashville and Davidson County,

Metropolitan Health Department, 311 23rd Avenue, North, Nashville,

Tennessee 37203, (615) 340-5653.

FOR FURTHER INFORMATION CONTACT: Gregory O. Crawford at (404) 562-9046

or E-mail ([email protected]).

SUPPLEMENTARY INFORMATION: On April 7, 1997, the State of Tennessee,

through the TDAPC, submitted revisions to amend Chapter 10.56, ``Air

Pollution Control,'' of the Metropolitan Code of Laws. To be consistent

with federal requirements, the State of Tennessee amended the

definition of volatile organic compounds (VOCs) and deleted various

words in Chapter 10.56, ``Air Pollution Control,'' of the Metropolitan

Code of Laws.

EPA is approving rule revisions to Sections 10.56.010,

10.56.080(B), 10.56.160 and 10.56.280(D). The revisions are consistent

with EPA guidance and are therefore being approved. The following is a

description of the revisions. The regulations are discussed in more

detail in the official SIP submittal that is available at the Region 4

office listed under the ADDRESSES section of this notice.

Section 10.56.010 deletes the definition of volatile organic

compounds and references the definition in Title 40, Code of Federal

Regulation, Part 51, Subpart F.

Section 10.56.080(B) deletes the words ``construction permit and.''

Section 10.56.160 deletes the section containing ``Primary

Standards of Gaseous Fluorides'' from Table 10.56.160. The Primary

Standards of Gaseous Fluorides are being deleted from the table because

these compounds are not regulated under the SIP.

Section 10.56.280(D) deletes the words ``located in a nonattainment

area or.'' This deletion removes redundancy in the rule located in the

section.

[[Page 72194]]

I. Final Action

EPA is approving the aforementioned changes to the SIP.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment 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

relevant adverse comments be filed. This rule will be effective March

1, 1999 without further notice unless the Agency receives relevant

adverse comments by February 1, 1999.

If the 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. The EPA will not

institute a second comment period. Only 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 March 1, 1999

and no further action will be taken on the proposed rule.

II. Administrative Requirements

A. Executive Order 12866

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

regulatory action from review under Executive Order 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of Executive

Order 12875 do not apply to this rule.

C. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of Executive Order 13084 do not apply to this rule.

D. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, 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).

F. 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

the 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

[[Page 72195]]

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.

G. Submission to Congress and the Comptroller General

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 rule 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. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 March 1, 1999. 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

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

recordkeeping requirements, Sulfur oxides.

Dated: November 30, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart RR--Tennessee

2. Section 52.2220, is amended by adding paragraph (c)(164) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(164) Revisions to the Nashville/Davidson County portion of the

Tennessee State Implementation Plan submitted to EPA by the State of

Tennessee on April 7, 1997.

(i) Incorporation by reference. Chapter 10.56, Sections 10.56.010,

10.56.080(B), 10.56.160, 10.56.280(D), effective March 12, 1997.

(ii) Other material. None.

[FR Doc. 98-34309 Filed 12-30-98; 8:45 am]

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