[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Rules and Regulations]
[Pages 55320-55323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22089]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-186; TN-187; TN-202; TN-203-200207a; FRL-7270-6]


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 July 
10, 1996, February 14, 1997, and February 21, 1997. These submittals 
revise the regulations for Exemptions in the Construction and Operating 
Permits chapter, General Provisions and Applicability in the Nitrogen 
Oxides chapter, and add a chapter on Conflict of Interest.

DATES: This direct final rule is effective October 28, 2002, without 
further

[[Page 55321]]

notice, unless EPA receives adverse comment by September 30, 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:

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. Analysis of State's Submittal

    On July 10, 1996, the State of Tennessee, through the TDEC, 
submitted revisions to rule 1200-3-9-.04 Exemptions, in the 
Construction and Operating Permits chapter of the Tennessee SIP. The 
revisions are summarized as follows:
    1200-3-9-.04(1)  The existing paragraph is being replaced with a 
new paragraph which states the exemptions listed in paragraph 1200-3-
9-.04(4) do not apply if an air contaminant source is subject to a 
standard or requirement contained in chapters 1200-3-18 Volatile 
Organic Compounds, 1200-3-19, 1200-3-22 Lead Emission Standards, and 
1200-3-27 Nitrogen Oxides.
    1200-3-9-.04(3)  This paragraph is being added to specify that any 
person may request that a federally enforceable permit be issued for 
any of the air contaminant sources that are exempted in paragraph 1200-
3-9-.04(4).
    1200-3-9-.04(4)  The original paragraph 1200-3-9-.04(1) is included 
in this new paragraph with the addition of language in the beginning to 
clarify that the list of exempted air contaminant sources contained in 
this paragraph shall not be used as ``insignificant activities'' or 
``insignificant emission units'' when applying for a major source 
operating permit under paragraph 1200-3-9-.02(11). In addition, 
exemptions are being added for the following air contaminant sources:

    1. Automobile body shops (except sources in ozone nonattainment 
areas which emit more than 15 pounds per day of volatile organic 
compounds);
    2. Any process emission source emitting less than 0.1 pounds per 
hour of a pollutant excluding hazardous air contaminants or 
pollutants;
    3. Any air contaminant source with the potential to emit 
radionuclides which will result in a dose to the most exposed member 
of the public of less than 0.1 millirem per year;
    4. Any modification (as defined in Rule 1200-3-2-.01) to an 
existing process emission source, incinerator, or fuel-burning 
installation to add sources of equipment leaks as long as the 
estimated increase in annual emissions attributable to the 
modification does not exceed 5 tons per year.

    1200-3-9-.04(5)  This paragraph is being renumbered to 1200-3-
9-.04(6). New paragraph 1200-3-9-.04(5) addresses insignificant 
activities for major source operating permit and is not part of the 
SIP.
    On February 14, 1997, the State of Tennessee, through the TDEC, 
submitted a revision to rule 1200-3-27.02 General Provisions and 
Applicability, revising paragraph (6) by deleting Shelby County from 
the list of counties in which the owner or operator of any facility 
which has actual emissions from stationary sources of 25 tons or more 
nitrogen oxides (NOX) during a calendar year is required to 
report to the Technical Secretary information and data concerning 
NOX and volatile organic compounds (VOCs) emissions, as 
required by Clean Air Act (CAA) section 182(a)(3)(B). Shelby County was 
redesignated to attainment for ozone on February 16, 1995. However, the 
Consolidated Emissions Reporting Rule (CERR) requires all states to 
report statewide emissions for all criteria pollutants every three 
years beginning with 2002.
    On February 21, 1997, the State of Tennessee, through the TDEC, 
submitted the addition of Chapter 1200-3-17 Conflict of Interest. The 
chapter was developed as a result of the Attorney General Opinion 
required as a part of Tennessee's title V submittal. In that opinion, 
the Attorney General found that the laws and regulations of the State 
did not fully address conflict of interest as required under sections 
7428 and 7429(e) of the CAA. Rule 1200-3-17-.02 defines a ``conflict of 
interest'' occurring when a Board member or the Technical Secretary 
takes an action in the performance of their duties that singularly 
benefits a source when the Board member or the Technical Secretary has 
a significant portion of their personal income derived from the 
operations of said source. The rule requires that prior to the issuance 
of a permit, variance or an enforcement order that requires an action 
on their part, the Technical Secretary or a Board member shall issue a 
statement that declares any conflict of interest that they may have in 
the matter.

II. 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 October 28, 2002, 
without further notice unless the Agency receives adverse comments by 
September 30, 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 October 28, 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.

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 55322]]

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 
(Pub. L. 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. 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 28, 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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 30, 2002.
J.I. Palmer, Jr.,
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.

    2. Section 52.2220 is amended in the table in paragraph (c):
    a. Under Chapter 1200-3-9 by revising the entry for ``Section 1200-
3-9-.04.''
    b. Adding ``Chapter 1200-3-17'' and adding entries for ``Section 
1200-3-17-.01'', ``Section 1200-3-17-.02'' and ``Section 1200-3-
17-.03.''
    c. Under Chapter 1200-3-27 by revising the entry for ``Section 
1200-3-27-.02.''
    The revisions read as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved Tennessee Regulations
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                                                                                  EPA
           State citation                   Title/subject          Adoption     approval      Federal Register
                                                                     date         date             notice
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*                  *                  *                  *                  *                  *
                                                        *
Chapter 1200-3-9...................  CONSTRUCTION AND OPERATING
                                      PERMITS
 
*                  *                  *                  *                  *                  *
                                                        *
Section 1200-3-9-.04...............  Exemptions................     08/26/95     10/28/02  [Insert citation of
                                                                    08/28/95                publication]
 
*                  *                  *                  *                  *                  *
                                                        *
Chapter 1200-3-17..................  CONFLICT OF INTEREST
Section 1200-3-17-.01..............  Purpose and Intent........     09/18/96     10/28/02  [Insert citation of
                                                                                            publication]
Section 1200-3-17-.02..............  Conflict of Interest on        09/18/96     10/28/02  [Insert citation of
                                      the Part of the Board and                             publication]
                                      Technical Secretary.

[[Page 55323]]

 
Section 1200-3-17-.03..............  Conflict of Interest in        09/18/96     10/28/02  [Insert citation of
                                      the Permitting of                                     publication]
                                      Municipal Solid Waste
                                      Incineration Units.
 
*                  *                  *                  *                  *                  *
                                                        *
Chapter 1200-3-27..................  NITROGEN OXIDES
 
*                  *                  *                  *                  *                  *
                                                        *
Section 1200-3-27-.02..............  General Provisions and         11/23/96     10/28/02  [Insert citation of
                                      Applicability.                                        publication]
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 02-22089 Filed 8-28-02; 8:45 am]
BILLING CODE 6560-50-U