[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Rules and Regulations]
[Pages 3318-3319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1837]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-154-7092a; FRL-5328-7]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to Process Emission Standards for New and 
Existing Cotton Gins

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 by the State of Tennessee through 
the Tennessee Department of Environment and Conservation on April 18, 
1995. This submittal included revisions to the current regulations 
concerning process emission standards for new and existing cotton gins. 
These revisions also provide an optional method of using selected 
controls to demonstrate compliance with the emission standards.

DATES: This final rule is effective April 1, 1996 unless adverse or 
critical comments are received by March 1, 1996. 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 
Borel, at the EPA Regional Office listed below. 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 the 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.

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 TN154-
01-7092.

SUPPLEMENTARY INFORMATION: On April 18, 1995, the State of Tennessee 
through the Tennessee Department of Environment and Conservation 
submitted a revision to their SIP incorporating changes to regulations 
for new and existing cotton gins. The SIP revision consists of changes 
to Paragraph 1200-3-7-.08(3). EPA is approving these revisions which 
are summarized as follows.
    1. Subparagraph 1200-3-7-.08(3)(a) has been revised. This 
subparagraph has been amended to add definitions for the following 
items: ``Cotton Gins;'' ``Cotton Gin Site or Gin Site;'' ``High 
Efficiency Cyclone;'' ``Low Pressure Exhausts;'' ``High Pressure 
Exhaust;'' and ``Dust House.'' The former subparagraph prohibited ``the 
emission of particulate matter in any on hour in excess of *  *  * 
amount shown in Table 4'' and has been deleted. This requirement was 
incorporated into Subparagraph 1200-3-7-.08(3)(b).
    2. Subparagraph 1200-3-7-.08(3)(b) has been revised. This paragraph 
has been amended by deleting the former language that allowed the total 
process weight from all similar units at a plant to be used to 
determine the maximum allowable emission of particulate matter from a 
stack. This has been replaced by the requirements that the owner or 
operator of the cotton gin meet the standards set forth in Table 4 of 
this paragraph. Table 4 establishes the allowable rate of particulate 
emissions based on the process weight rate for new and existing cotton 
gins. These allowable emission rates have not been amended. This 
revised subparagraph alternatively allows the owner or operator of a 
cotton gin to utilize defined control devices, rather than 
demonstrating compliance with the emission standards. The control 
devices which are allowed include screens with a mesh size of 80 by 80 
or finer, or perforated condenser drums with holes of .045 inches in 
diameter or less, or dust houses for emission control from low pressure 
exhausts. For emission control from high pressure exhausts, high 
efficiency cyclones may be used to demonstrate compliance. Subparagraph 
1200-3-7-.08(3)(b) has also been amended to prohibit the burning of 
cotton gin waste at a gin site in a wigwam or any other type of 
enclosed burner.
    3. Subparagraph 1200-3-7-.08(3)(c) has been revised. The former 
subparagraph required compliance by January 1, 1973, or July 1, 1975. 
This language was deleted. The new compliance date for this regulation 
has been included in subparagraph (b), above, and is now July 1, 1991. 
The revised paragraph (c) now states that the ``allowable particulate 
emission standards for *  *  * cotton gins shall be determined by Table 
4.'' This language was contained in subparagraph (a) prior to this SIP 
revision.
    4. Table 4, subparagraph 1200-3-7-.08(3), has been revised. The 
title of this table has been modified from ``Allowable Particulate 
Emission Based on Process Weight Rate for Cotton Gins'' to ``Allowable 
Rate of Particulate Emissions Based on Process Weight Rate for New and 
Existing Cotton Gins.'' The address for the Tennessee Division of Air 
Pollution Control has also been updated.

Final Action

    EPA is approving the aforementioned revisions contained in the 
State's April 18, 1995, submittal. The EPA is publishing this 
rulemaking 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 April 1, 
1996, unless, within 30 days of its publication, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a 

[[Page 3319]]
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the separate 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 April 1, 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 
April 1, 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 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 CAA, 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 section 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. Sec. 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 110 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. 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: October 17, 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)(127) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (127) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on April 18, 1995. These consist of revisions to the 
process emission standards for new and existing cotton gins. These 
revised regulations also provide an optional method of using selected 
controls to demonstrate compliance with the emission standards.
    (i) Incorporation by reference.
    (A) Tennessee Division of Air Pollution Control Regulations, 
Chapter 1200-3-7-.08(3) effective July 16, 1990.
    (ii) Other material. None.
* * * * *
[FR Doc. 96-1837 Filed 1-30-96; 8:45 am]
BILLING CODE 6560-50-P