[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Pages 46594-46596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-121; TN-205-200206a; FRL-7245-7]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to Tennessee Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Tennessee State 
Implementation Plan (SIP) submitted by the State of Tennessee through 
the Tennessee Department of Environment and Conservation (TDEC) on 
September 1, 1993, and April 9, 1998. The first revision adds 
definitions for particulate matter based upon the measurement of 
particles having an aerodynamic diameter of 10 microns or less 
(PM10). The second revision combines the Soda Recovery 
Boilers rule with the Kraft Mill Recovery Furnaces rule in the Visible 
Emission regulations.

DATES: This direct final rule is effective September 16, 2002, without 
further notice, unless EPA receives adverse comment by August 15, 2002. 
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 Steven M. Scofield at 
the EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303-8960.
    Copies of the State submittals are available at the following 
addresses for inspection during normal business hours: 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 30303-8960. Steven M. Scofield, 
404/562-9034.
    Division of Air Pollution Control, Tennessee Department of 
Environment and Conservation, L & C Annex, 9th Floor, 401 Church 
Street, Nashville, Tennessee 37243-1531. 615/532-0554.

FOR FURTHER INFORMATION CONTACT: Steven M. Scofield; Regulatory 
Development Section; Air Planning Branch; Air, Pesticides and Toxics 
Management Division; U.S. Environmental Protection Agency Region 4; 61 
Forsyth Street, SW; Atlanta, Georgia 30303-8960. Mr. Scofield can also 
be reached by phone at (404) 562-9034 or by electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 1, 1987 (52 FR 24634), EPA revised the national ambient air 
quality standards (NAAQS) for particulate matter, pursuant to section 
109 of the Clean Air Act (CAA). Total suspended particulate (TSP) was 
replaced as the indicator for the particulate matter ambient standard 
by a new indicator, particulate matter with a nominal aerodynamic 
diameter of 10 micrometers or less in size (PM10). In 
response, Tennessee amended its rules and regulations which dealt with 
particulate matter to assure compliance with the particulate NAAQS 
throughout Tennessee.

II. Analysis of State's Submittals

    On September 1, 1993, the State of Tennessee, through the TDEC, 
submitted a revision to rule 1200-3-2-.01 General Definitions, adding 
definitions for (hhh) ``PM10 emissions'' and (jjj) 
``Particulate Matter Emissions.'' These definitions comply with EPA's 
regulations for control strategies to attain and maintain the NAAQS for 
particulate matter and for permits to construct pursuant to parts C and 
D of the CAA.
    On April 9, 1998, the State of Tennessee, through the TDEC, 
submitted revisions to Chapter 1200-3-5 Visible Emission Regulations. 
Rules 1200-3-5-.09 Kraft Mill Recovery Furnaces and 1200-3-5-.11 Soda 
Recovery Boilers are being combined into 1200-3-5-.09, with 1200-3-
5-.11 being repealed. A revision to paragraph (3) of rule 1200-3-5-.09, 
which changes

[[Page 46595]]

a reference to Chapter 1200-3-20 Limits On Emissions Due to 
Malfunctions, Start-Ups, And Shutdowns from rule .07 to .06, is not 
consistent with the federally approved SIP. The revision to the 
codification of Chapter 1200-3-20 has not been submitted by the State 
to EPA. Therefore, no action is being taken by EPA on the revision to 
paragraph (3) of rule 1200-3-5-.09.

III. Final Action

    EPA is approving the aforementioned revisions to the Tennessee SIP 
because they are consistent with the CAA and EPA policy. 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 September 16, 2002, 
without further notice unless the Agency receives adverse comments by 
August 15, 2002.
    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 September 16, 2002, and 
no further action will be taken on the proposed rule. Please note that 
if we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. 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 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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action merely 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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. 
section 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 September 16, 2002. 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: April 22, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Accordingly, 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 in the table in paragraph (c):
    a. Under Chapter 1200-3-2 by revising the entry for ``Section 1200-
3-2-.01.''
    b. Under Chapter 1200-3-5 by revising the entries for ``Section 
1200-3-5-.09'' and ``Section 1200-3-5-.11.''
    The revisions read as follows:

[[Page 46596]]

Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved Tennessee Regulations
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                                                                            EPA
        State citation                 Title/subject         Adoption    approval      Federal Register Notice
                                                               date        date
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      *                  *                   *                   *                   *                   *
Chapter 1200-3-2..............  DEFINITIONS...............  ..........  ..........  ............................
    Section 1200-3-2-.........  General Definitions.......    06/26/93     9/16/02  [Insert citation of
                                                                                     publication]
 
      *                  *                   *                   *                   *                   *
Chapter 1200-3-5-.............  VISIBLE EMISSION            ..........  ..........  ............................
                                 REGULATIONS.
 
 
    Section 1200-3-5-.09......  Kraft Mill and Soda Mill      04/06/98     9/16/02  [Insert citation of
                                 Recovery.                                           publication]
 
      *                  *                   *                   *                   *                   *
    Section 1200-3-5-.11......  Repealed..................    04/06/98     9/16/02  [Insert citation of
                                                                                     publication]
 
      *                  *                   *                   *                   *                   *
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[FR Doc. 02-17701 Filed 7-15-02; 8:45 am]
BILLING CODE 6560-50-P