[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14326-14327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7694]


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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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