[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49396-49398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23191]



[[Page 49396]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN 190-9930a; TN 196-9931a; FRL-6433-4]


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: On March 17, 1997, and May 8, 1997, the State of Tennessee, 
through the Tennessee Department of Environment and Conservation 
(TDEC), submitted revisions to the Tennessee State Implementation Plan 
(SIP). The revisions pertain to Sulfur Dioxide Emission Regulations for 
the New Johnsonville and Copper Basin Additional Control Areas. EPA is 
granting final approval to these revisions.

DATES: This direct final rule is effective November 12, 1999 without 
further notice, unless EPA receives adverse comment by October 13, 
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: Written comments should be provided to Scott Martin, 
Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-3104.
    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.
    Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-3104.
    Division of Air Pollution Control, Tennessee Department of 
Environment and Conservation, L & C Annex, 9th Floor, 401 Church 
Street, Nashville, Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303-3104. The telephone number is (404)-562-
9036.

SUPPLEMENTARY INFORMATION:

    On March 17, 1997, and May 8, 1997, the TDEC submitted revisions to 
the Tennessee SIP incorporating revisions to Chapter 1200-3-19 Emission 
Standards and Monitoring Requirements for Particulate and Sulfur 
Dioxide Nonattainment. A public hearing for these revisions was held on 
January 16, 1997, and the revisions became State effective on November 
30, 1996, and April 16, 1997. The revisions are described below:
    Chapter 1200-3-19-.19 Sulfur Dioxide Regulations for the Copper 
Basin Additional Control Area.
    This rule is being revised to remove references to sources that 
have ceased operation and are being physically removed.
    Chapter 1200-3-19-.14 Sulfur Dioxide Emission Regulations for the 
New Johnsonville Additional Control Area.
    Paragraph (1)(b)2 is being amended by correcting a rule cite which 
reads 1200-3-14-.02(1)(e) to read 1200-3-14-02(1)(d). This corrects a 
typographical error.

Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the Clean Air Act and EPA requirements.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 
adverse comments be filed. This rule will be effective November 12, 
1999 without further notice unless the Agency receives adverse comments 
by October 13, 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. 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 November 12, 1999 and no 
further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 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.

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.''

[[Page 49397]]

    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 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 
annual 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 annual 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.

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 November 12, 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: August 13, 1999.
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(c) is amended by revising the following State 
citations for Chapter 1200-3-19 to read as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    EPA Approved Tennessee Regulations
* * * * *

CHAPTER 1200-3-19  EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR 
PARTICULATE AND SULFUR DIOXIDE NONATTAINMENT AREAS

* * * * *

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                                                                               EPA approval
          State citation                 Title/subject         Adoption date       date            Comments
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*                  *                  *                  *                  *                  *
                                                        *
Section 1200-3-19-.14............  Sulfur Dioxide Emission          04/16/97         9/13/99
                                    Regulations for the New
                                    Johnsonville
                                    Nonattainment Area.
 

[[Page 49398]]

 
*                  *                  *                  *                  *                  *
                                                        *
Section 1200-3-19-.19............  Sulfur Dioxide                   11/30/96         9/13/99
                                    Regulations for the
                                    Copper Basin
                                    Nonattainment Area.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 99-23191 Filed 9-10-99; 8:45 am]
BILLING CODE 6560-50-P