[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11136-11137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6002]



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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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