[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Rules and Regulations]
[Pages 45632-45634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-232-200118(a); FRL-7044-4]


Approval and Promulgation of Implementation Plans:State of 
Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the State of Tennessee's 
rules submitted on February 14, 2000. The State of Tennessee is 
amending Chapter 1200-3-22--Lead Emissions Standards--to require EPA 
approval of changes to Reasonably Available Control Technology (RACT) 
emission limitations in permits for specific lead sources.

DATES: This direct final rule is effective October 29, 2001 without 
further notice, unless EPA receives adverse comment by September 28, 
2001. 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: Kimberly Bingham at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303.
    Copies of documents concerning this action are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville, 
Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, Environmental Protection Agency, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303. The telephone 
number is (404) 562-9038. Ms. Bingham can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Analysis of State of Submittal

Background

    Section 107(d)(5) of the Clean Air Act (CAA) provides for areas to 
be designated as attainment, nonattainment, or unclassifiable with 
respect to the lead national ambient air quality standard (NAAQS). 
States are required to submit recommended designations for areas within 
their states. When an area is designated nonattainment, the state must 
prepare and submit a state implementation plan (SIP) pursuant to 
sections 110(a)(2) and 172(c) of the CAA showing how the area will be 
brought into attainment. The requirements for all SIPs are contained in 
section 110(a)(2) of the CAA. Section 172(c) of the CAA specifies the 
provisions applicable to areas designated as nonattainment for any of 
the NAAQS. EPA has also issued a General Preamble describing how EPA 
will review SIPs and SIP revisions submitted under Title I of the Act, 
including those State submittals containing lead nonattainment area SIP 
requirements (see generally 57 FR 13498 (April 16, 1992) and 57 FR 
18070 (April 28, 1992)).
    One of the specific requirements of section 172(c) is that states 
include in their lead nonattainment SIPs reasonably available control 
technology (RACT) emission limitations for existing sources. The EPA 
defines RACT as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. When a state submits a lead nonattainment SIP that 
includes specific RACT emission limits for specific sources in the lead 
nonattainment area and these requirements are federally approved by EPA 
into Tennessee's SIP, any changes to those source-specific RACT 
emission limits require Tennessee to submit a revision to the SIP to 
EPA for approval.

Chapter 1200-3-22--Lead Emission Standards

    The State of Tennessee had language included in this chapter of 
their SIP that granted the Tennessee Air Director the ability to change 
the RACT emission limits for sources specified in the SIP at any given 
time without prior approval from EPA. Region 4 requested that the State 
of Tennessee revise their SIP to provide that any changes to the 
source-specific RACT emissions limits would require EPA approval. In 
response to this request, the State of Tennessee submitted the 
following rule revision:

    Paragraph (1) of rule 1200-3-22-.03  Specific Emission Standards 
for Existing Sources of Lead was amended by adding the following 
language: ``The RACT emission level specified as permit conditions 
on the operating permit(s) must be submitted, reviewed and approved 
by the Administrator of the Environmental Protection Agency or his 
designee.''

II. Final Action

    EPA is approving the aforementioned rule revision submitted by the 
State of Tennessee, because it meets all CAA requirements. The EPA is 
publishing this rule without a 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 if adverse comments 
are filed. This rule will be effective October 29, 2001 without further 
notice unless the Agency receives adverse comments by September 28, 
2001.
    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 October 29, 2001 and no 
further action will be taken on the proposed rule.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That

[[Page 45633]]

Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)). This action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).
    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
approves a state rule implementing a federal standard, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order.
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 October 29, 2001. 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 will 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, Lead, 
Intergovernmental relation, Reporting and recordkeeping requirements.

    Dated: July 24, 2001.
Russell Wright,
Acting Regional Administrator, Region 4.

    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 entries for 
Section 1200-3-22-.03 to read as follows:


Sec. 52.2220  Identification of plan.

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    (e) EPA approved regulations.

                                       EPA Approved Tennessee Regulations
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                                                                                               Federal Register
         State citation              Title/subject       Adoption date     EPA approval date        notice
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                                   Chapter 1200-3-22  Lead Emission Standards
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Section 1200-3-22-.03...........  Specific Emission   January 26, 2000..  October 29, 2001..  66 FR 45633
                                   Standards for
                                   Existing Sources
                                   of Lead.
 
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[FR Doc. 01-21700 Filed 8-28-01; 8:45 am]
BILLING CODE 6560-50-P