[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Rules and Regulations]
[Page 24061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TN-T5-2001-02; FRL-6977-6]


Clean Air Act Full Approval of Operating Permit Program; 
Tennessee and Memphis-Shelby County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to adverse comments, EPA is withdrawing the direct final 
rule published in the Federal Register on March 20, 2001, promulgating 
full approval of the operating permit programs submitted by the 
Tennessee Department of Environment and Conservation and the Memphis-
Shelby County Health Department.

DATES: The direct final rule published on March 20, 2001, in the 
Federal Register (66 FR 15635) is withdrawn as of May 11, 2001.

ADDRESSES: The docket containing supporting information used in the 
development of this notice is available for inspection during normal 
business hours at EPA Region 4, Air & Radiation Technology Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8909. Anyone wanting to 
examine these documents should make an appointment by calling the 
person listed below at least two working days in advance.

FOR FURTHER INFORMATION CONTACT: Kim Pierce, EPA Region 4, at (404) 
562-9124 or [email protected]/.

SUPPLEMENTARY INFORMATION: On March 20, 2001, EPA published a direct 
final rule (66 FR 15635) and a parallel proposal (66 FR 15680) to fully 
approve the operating permit programs of the Tennessee Department of 
Environment and Conservation and the Memphis-Shelby County Health 
Department. The Tennessee and Memphis-Shelby County operating permit 
programs were submitted in response to the directive in the 1990 Clean 
Air Act (CAA) Amendments that permitting authorities develop, and 
submit to EPA, programs for issuing operating permits to all major 
stationary sources and to certain other sources within the permitting 
authorities' jurisdiction. EPA granted interim approval to the 
Tennessee and Memphis-Shelby County operating permit programs on July 
29, 1996. Tennessee and Memphis-Shelby County revised their programs to 
satisfy the conditions of the interim approval and the direct final 
rule published on March 20, 2001, would have approved those revisions 
along with other program changes made by Tennessee since the interim 
approval was granted.
    The EPA stated in the March 20, 2001, action that if adverse 
comments were received by April 19, 2001, EPA would publish a timely 
withdrawal of the direct final rule. The EPA did receive adverse 
comments and is, therefore, withdrawing the March 20, 2001, action and 
informing the public that the direct final rule will not take effect on 
May 21, 2001. The commenter expressed concern that Tennessee is issuing 
operating permits that do not provide for compliance with all 
applicable requirements. The EPA will address the specific comments in 
a subsequent final action based on the parallel proposal published on 
March 20, 2001.
    As stated in the parallel proposal, EPA will not institute a second 
comment period on this action. However, in response to a request from 
George Hays as counsel for the National Parks Conservation Association, 
EPA is publishing a notice in the proposed rules section of this 
Federal Register to reopen the public comment period in the March 20, 
2001, proposal.

    Dated: May 2, 2001.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
[FR Doc. 01-11910 Filed 5-10-01; 8:45 am]
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