[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 20-23]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22475]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, EPA-R04-OAR-2006-
0532, 200607/17(a); FRL-8265-6]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions To the Knox County Portion of the Tennessee State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve multiple 
revisions to the Tennessee State Implementation Plan (SIP) submitted by 
the State of Tennessee, through the Tennessee Department of Environment 
and Conservation (TDEC), on March 16, 2000, July 23, 2002, December 10, 
2004, and January 31, 2006. The revisions pertain to the Knox County 
portion of the Tennessee SIP and include changes to Knox County Air 
Quality Regulations (KCAQR) Section 16.0--``Open Burning,'' Section 
25.0--``Permits,'' and Section 46.0--``Regulation of Volatile Organic 
Compounds.'' These revisions are part of Knox County's strategy to 
attain and maintain the national ambient air quality standards (NAAQS). 
Today's action is being taken pursuant to section 110 of the Clean Air 
Act (CAA).

DATES: This direct final rule is effective March 5, 2007 without 
further notice, unless EPA receives adverse comment by February 2, 
2007. 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: Submit your comments, identified by Docket ID Nos. EPA-R04-
OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, and EPA-R04-OAR-2006-0532 
by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected] or [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2004-TN-0004,'' ``EPA-R04-OAR-2005-TN-
0009,'' or ``EPA-R04-OAR-2006-0532,'' 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.
    5. Hand Delivery or Courier: Egide Louis or James Hou, 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. Such deliveries are 
only accepted during the Regional Office's official hours of business. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2004-TN-0004, EPA-R04-OAR-2005-TN-0009, or EPA-R04-OAR-2006-0532. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or e-
mail, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which

[[Page 21]]

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through www.regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Egide Louis or James Hou, 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. Dr. Louis can be 
reached by telephone at (404) 562-9240 or via electronic mail at 
[email protected]. The telephone number for Mr. Hou is (404) 562-
8965. He can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Analysis of State Submittals

    On March 16, 2000, July 23, 2002, December 10, 2004, and January 
31, 2006, the State of Tennessee, through TDEC, submitted revisions to 
the Tennessee SIP. The revisions pertain to the Knox County portion of 
the Tennessee SIP and include changes to KCAQR Section 16.0--``Open 
Burning,'' Section 25.0--``Permits,'' and Section 46.0--``Regulation of 
Volatile Organic Compounds.'' These rule changes became effective at 
the county level on March 8, 2000, June 25, 2002, December 8, 2004, and 
December 14, 2005, respectively. These revisions were initially 
submitted by Knox County Air Quality Management Division for review to 
TDEC, which found the changes to be at least as stringent as the 
corresponding State requirements. TDEC then prepared the forma SIP 
revision submittals for EPA review. The changes included as part of the 
instant revisions are part of Knox County's strategy to attain and 
maintain the NAAQS and are approvable into the Tennessee SIP pursuant 
to section 110 of the CAA. The changes included in each of the four SIP 
submittals will be discussed below, organized by subject matter. In 
some cases, one rule, such as the open burning rule, may be affected by 
more than one of the SIP submittals. As a result, the changes discussed 
below are organized by rule and not SIP submittal.

I. KCAQR Section 16.0--``Open Burning''

    All four of the SIP submittals included changes to KCAQR Section 
16.0, ``Open Burning.'' Each change is discussed below beginning with 
the March 16, 2000, submittal.
    The March 16, 2000, SIP submittal included changes to KCAQR Section 
16.4.B, which allows open fires to be set for the training and 
instruction of public or private fire-fighting personnel. Section 
16.4.B was changed to include conditions under which the use of open 
burning for fire-fighting training must be conducted. These conditions 
include requirements that the substances to be burned must be free of 
asbestos and asphalt shingles; the burning is for training purposes 
only; and the burning will not cause a traffic hazard. As a point of 
clarification, Section 16.4.B, which was numbered 16.3.B at the time of 
the March 16, 2000, submittal, subsequently became Section 16.4.B as a 
result of a renumbering of Section 16.0 which is discussed below as 
part of one of the later SIP submittals.
    The July 23, 2002, SIP submittal included changes to KCAQR Section 
16.3--``Definitions,'' and Section 16.0--``Open Burning,'' including a 
renumbering/reorganization of Section 16.0. The changes to the 
definitions for Open Burning includes definitions for the terms ``air 
curtain destructor,'' ``air pollution emergency episode,'' ``natural 
disaster,'' ``open burning,'' ``person,'' ``registered sanitary 
landfill,'' and ``wood waste.'' As a result of the renumbering/
reorganization of Section 16.0, that provision now contains the 
following parts: Section 16.1--``Open Burning Prohibited,'' Section 
16.2--``Definitions,'' Section 16.3--``Exceptions to Prohibition--
Without Permit,'' Section 16.4--``Exceptions to Prohibition--With 
Permit,'' Section 16.5--``Open Burning Conditions--With Permit,'' and 
Section 16.6, which includes general prohibitions. Section 16.6, which 
lists materials not exempted by the Open Burning Rule, is one of the 
new sections. Changes were also made to Section 16.4.C (old Section 
16.3.C). They consisted of adding specific requirements under which 
open burning is allowed when an air curtain destructor is used. The 
requirements include necessary certifications, timing, substances to be 
burned, and other restrictions.
    The December 10, 2004, SIP submittal included changes to KCAQR 
Section 16.5.B prohibiting open burning on ``air pollution action 
days.'' Specifically, ``air pollution action days'' are defined as days 
on which the appropriate agency within Knox County has determined that 
air pollution levels may potentially exceed a NAAQS. The December 10th 
submittal also included a new provision, Section 16.7, which provided 
that the use of air curtain destructors would be prohibited in the 
County after January 1, 2005.
    The January 31, 2006, SIP submittal included changes to KCAQR 
Section 16.4.C and 16.4.D. On November 1, 2006, Knox County notified 
EPA Region 4 of its decision to withdraw Section 16.4.D. from the 
January 31, 2006, SIP revision. As a result, EPA reviewed the January 
31, 2006, submittal as though it did not contain any changes regarding 
Section 16.4.D. The changes to Section 16.4.C involved the deletion of 
substance contained in that section, which regarded the use of air 
curtain destructors, and reserving it for future use. This revision is 
consistent with the prohibition on air curtain destructors included as 
part of the December 10, 2004, SIP submittal (this is discussed briefly 
above).
    The March 16, 2000, SIP submittal also included minor changes to 
KCAQR Section 13.0--``Definitions'' and Section 25.0--``Permits.'' The 
proposed changes

[[Page 22]]

to Section 13.0 are not being addressed today and are not being 
affected by today's direct final action. They will be addressed in a 
subsequent action by EPA which will be published in the Federal 
Register. With regard to KCAQR Section 25.0--``Permits,'' the changes 
include the addition of a new section, Section 25.3.J (pertaining to 
operating permits), which stipulates that any violation of an operating 
permit is considered a violation of the permit at issue, as well as, a 
violation of the Knox County air regulations. This change was made to 
ensure consistency between the Knox County air permits program and the 
corresponding State of Tennessee program.
    The December 10, 2004, SIP submittal discussed above with regard to 
the Open Burning Rule changes, also contained a proposal to adopt and 
incorporate by reference the State of Tennessee's rules on Stage I 
Vapor Recovery. These rules appear in the Tennessee Administrative Code 
Chapter 1200-3-18-.24.B--``Gasoline Dispensing Facilities, Stage I and 
Stage II Vapor Recovery.'' This provision now exists in Knox County air 
regulations under Section 46.0--``Regulation of Organic Volatile 
Compounds,'' as KCAQR Section 46.22--``Gasoline Dispensing Facilities, 
Stage I Vapor Recovery.'' Knox County's changes were made to ensure 
consistency with the State of Tennessee's Stage I and Stage II vapor 
recovery programs, which are required in newly designated nonattainment 
areas of the State.
    All of the KCAQR changes described above, which span over four SIP 
submittals, include changes to KCAQR that are part of Knox County's 
strategy to attain and maintain air quality that is consistent with the 
NAAQS. According to the TDEC, the changes are at least as stringent as 
the Tennessee SIP, and the changes also appear to be at least as 
stringent as the current Knox County portion of the SIP. As a result, 
the above described changes are approvable pursuant to section 110 of 
the Clean Air Act.

II. Final Action

    EPA is approving revisions to the Knox County portion of the 
Tennessee SIP, submitted by the State of Tennessee on March 16, 2000, 
July 23, 2002, December 10, 2004, and January 31, 2006, pursuant to 
section 110 of the Clean Air Act. The revisions include changes to 
KCAQR Section 16.0--``Open Burning,'' Section 25.0--``Permits,'' and 
Section 46.0--``Regulation of Volatile Organic Compounds.'' Although 
the December 10, 2004, submittal also included changes to Section 
13.0--``Definitions,'' EPA is not taking action on that revision today. 
In addition, EPA is taking no action on changes included in the January 
31, 2006, SIP revision regarding Section 16.4.D. of the open burning 
rule, because they were subsequently withdrawn by Knox County.
    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 revisions should 
adverse comments be filed. This rule will be effective March 5, 2007 
without further notice unless the Agency receives adverse comments by 
February 2, 2007.
    If 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. 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 March 5, 2007 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. Statutory and Executive Order Reviews

    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 (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 state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. As a result, this action does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA. 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 CAA. 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 CAA. 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

[[Page 23]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 5, 2007. 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, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: December 20, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. Section 52.2220(c) is amended by revising entries in Table 3 of the 
Knox County portion of the Tennessee State Implementation Plan, for 
``Section 16.0,'' ``Section 25.0,'' and ``Section 46.0'' to read as 
follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3.--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
        State citation                Title/subject          effective     EPA approval         Explanation
                                                                date           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 16.0.................  Open Burning...............     12/14/05  01/03/07 [Insert
                                                                          citation of
                                                                          publication].
 
                                                  * * * * * * *
Section 25.0.................  Permits....................     03/08/00  01/03/07 [Insert
                                                                          citation of
                                                                          publication].
 
                                                  * * * * * * *
Section 46.0.................  Regulation of Volatile           10/8/04  01/03/07 [Insert
                                Organic Compounds.                        citation of
                                                                          publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E6-22475 Filed 12-29-06; 8:45 am]
BILLING CODE 6560-50-P