[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29666-29667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14908]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62

[TN-115-01-9616a; FRL-5519-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Tennessee; Approval of Revisions to Process Gaseous Emission Standards 
for Total Reduced Sulfur Emissions From Kraft Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (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 June 25, 1993. The submittal included 
revisions to the State's regulations for Process Gaseous Emission 
Standards for Total Reduced Sulfur (TRS) from Kraft Mills. These 
revisions were made to bring these regulations into compliance with the 
1990 amendments to the Clean Air Act (the Act) and the Federal 
regulations. EPA finds that the revised rules meet the Federal 
requirements for process emission standards for sulfur emissions.

DATES: This final rule is effective August 12, 1996, unless adverse or 
critical comments are received by July 12, 1996. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at 
the Regional Office Address listed below.
    Copies of the material submitted by the State of Tennessee may be 
examined during normal business hours at the following 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 Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
Tennessee 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 TN115-
01-9616.

SUPPLEMENTARY INFORMATION: On June 25, 1993, the State of Tennessee 
submitted revisions to the Tennessee SIP, through the State of 
Tennessee Department of Environment and Conservation. These revisions 
were made to bring this regulation into accordance with the guidance 
provided in the official EPA guidance document (EPA-450/2-78-0003b) and 
to improve the ambient air quality surrounding affected facilities. The 
SIP revision was reviewed by EPA to determine completeness, and a 
letter of completeness dated July 26, 1993, was sent to the State of 
Tennessee. EPA finds that the revisions provide for consistency with 
the Act and corresponding Federal regulations. EPA is approving the 
following revisions to the Tennessee SIP.

Rule 1200-3-7-.07(4)  Total Reduced Sulfur Emissions From Kraft Mills

    (a) This subparagraph is amended by striking the number ``24'' and 
inserting the number ``12.''
    (b) This subparagraph is amended by striking the number ``24'' and 
inserting the number ``12.''
    This new rule meets the requirements set forth in the EPA guidance 
document EPA 450/2-78-003b, March, 1979. This recommends the 12-hour 
averaging interval. Statistically the reduction in the averaging time 
interval will result in reduced TRS emissions which will improve 
ambient air quality surrounding the affected facilities.

Final Action

    EPA is approving revisions to subparagraphs 1200-3-7-.07(4)(a) and

[[Page 29667]]

(b) for Total Reduced Sulfur Emissions for Kraft Mills. Specifically, 
EPA is approving Tennessee's submittal as meeting the gaseous emissions 
requirements for TRS emissions for Kraft Mills.
    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 August 12, 1996, unless, by July 12, 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 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 August 12, 1996.
    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 August 
12, 1996. 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).]
    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 should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP 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 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 11 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).
    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 165 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, and therefore there will be no 
significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Paper and paper 
products industry, Phosphate, Reporting and recordkeeping requirements, 
Sulfuric oxides.

    Dated: May 28, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.

    Part 62, of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7413 and 7601.

Subpart RR--Tennessee

    2. Subpart RR is amended by adding an undesignated heading and a 
new Sec. 62.10625 to read as follows:

Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills


Sec. 62.10625  Identification of plan.

    On June 25, 1993, the State submitted revisions to the Tennessee 
State Implementation Plan (SIP). These were revisions to the process 
gaseous emission standards. These revisions incorporate changes to Rule 
1200-3-7-.07, subparagraphs (4)(a) and (4)(b) of the Tennessee SIP 
which bring this into conformance with the requirements of 40 CFR part 
62, subpart I.
[FR Doc. 96-14908 Filed 6-11-96; 8:45 am]
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