[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72193-72195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34309]


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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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