[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 23-26]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22482]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-TN-0009, EPA-R04-OAR-2006-0471, EPA-R04-OAR-2006-
0532, 2006014(a); FRL-8265-8]


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.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Tennessee State Implementation Plan (SIP) submitted by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), on December 21, 1999, March 15, 2000, and January 
12, 2001. The revisions pertain to the Knox County portion of the 
Tennessee SIP and include changes to the Knox County Air Quality 
Regulations (KCAQR) Section 13.0--``Definitions'' and Section 22.0--
``Regulation of Fugitive Dust and Materials.'' These revisions are part 
of Knox County's strategy to attain and maintain the national ambient 
air quality standards (NAAQS), and are considered by the TDEC to be at 
least as stringent as the State's requirements. This 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-2005-TN-0009, EPA-R04-OAR-2006-0471, and EPA-R04-OAR-2006-0532, by 
one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2005-TN-0009,'' ``EPA-R04-OAR-2006-0471,'' 
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: Dr. Egide Louis, 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 normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2005-

[[Page 24]]

TN-0009; EPA-R04-OAR-2006-0471, 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 http://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 http://www.regulations.gov 
or e-mail, information that you consider to be CBI or otherwise 
protected. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means that 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 
http://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 
http://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 http://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 a.m. to 4:30 
p.m., excluding federal holidays.

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

SUPPLEMENTARY INFORMATION:

I. Analysis of State Submittals

    On December 21, 1999, March 16, 2000, and January 12, 2001, the 
State of Tennessee, through TDEC, submitted proposed revisions to the 
Tennessee SIP. The revisions pertain to the Knox County portion of the 
Tennessee SIP and include changes to KCAQR Section 13.0--
``Definitions'' and Section 22.0--``Regulation of Fugitive Dust and 
Materials.'' These revisions were initially submitted for review to 
TDEC, which found them to be at least as stringent as the State's 
requirements. TDEC then prepared the SIP submittal for EPA review. The 
rule changes described in each submittal became State effective on 
December 7, 1999, March 8, 2000, and January 10, 2001, respectively. 
The rule changes 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 December 21, 1999, and March 16, 2000, SIP submittals included 
changes to KCAQR Section 13.0--``Definitions.'' The December 21, 1999, 
submittal included a change to KCAQR Section 13.1 to clarify existing 
definitions and add a more complete list of definitions. EPA reviewed 
these general definitions with regard to consistency with the current 
Tennessee SIP and federal law, generally. These definitions are 
substantially the same as those in the current Tennessee SIP, and as a 
result, they are at least as stringent as the Tennessee definitions 
already included in the SIP. Furthermore, the definitions are at least 
as stringent as general federal definitions. Section 13.0 is a general 
definitions section only; different programs described in the Knox 
County rules, such as the prevention of significant deterioration 
program, may include more specific definitions applicable to that 
program. The changes being approved today are summarized below:
1. Knox County added definitions for the following terms: calendar 
quarter, excess emissions, fuel burning equipment, garbage, national 
emission standards for hazardous air pollutants, point source, 
reasonably available control technology, shutdown, and startup.
2. Knox County moved definitions for the terms PM10, 
PM10 emissions, and total suspended solids from the 
``Abbreviations'' section to the ``Definitions'' section, within 
Section 13.0.
3. Knox County changed the definition for the term existing source to 
adopt the language in the Tennessee Administrative Code Chapter 1200-3-
2-.01--``Definitions.''
4. Knox County changed the definition for the term non-process 
emissions by omitting the reference to Section 13.40. Section 13.40 was 
deleted as a result of the reformatting and change in the numbering 
system of Section 13.0, which is discussed below.
5. Knox County reformatted Section 13.0 to include a definitions part 
and an abbreviations part. Knox County also changed the numbering 
system of Section 13.0 to accommodate both the definitions and 
abbreviations.

    The March 16, 2000, SIP submittal included additional changes to 
KCAQR Section 13.0. Specifically, Knox County revised the definition of 
``PM10 Emissions'' to exclude uncombined water. This change 
was made in response to EPA comments described in a letter to the Knox 
County Department of Air Quality Management on October 13, 1999. In 
this letter, which is included in the Docket for this action, EPA 
commented that for Knox County's definition to be consistent with the 
definition contained in 40 CFR 51.100, the PM10 emissions 
definition should not include ``uncombined water.''
    The March 16, 2000, SIP submittal also included changes to KCAQR 
Section 16.0--``Open Burning'' and Section 25.0--``Permits.'' EPA is 
not discussing those changes at this time. EPA will address those 
changes in a separate action described in a separate Federal Register 
notice.
    The January 12, 2001, SIP submittal included changes to KCAQR 
Section 22.0--``Regulation of Fugitive Dust and Materials.'' 
Specifically, the changes added the ``paving of roadways'' as a new 
activity for which reasonable precautions have to be taken to prevent 
particulate matter from becoming airborne. The list of activities for 
which reasonable precautions must be taken to control particulate 
matter now includes both the paving of roadways and the maintenance of 
roadways (which was moved from Section 22.1.E to 22.1.H).

[[Page 25]]

II. Final Action

    EPA is taking direct final action to approve the above-described 
revisions to the Tennessee SIP, to incorporate changes made by Knox 
County to KCAQR Sections 13.0--``Definitions,'' and 22.0--``Regulation 
of Fugitive Dust and Materials.'' 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 submitted. 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 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 
EPA receives adverse comment on an amendment, paragraph, or section of 
the rules discussed herein, and if that provision may be severed from 
the remainder of the rules, we may adopt as final those provisions of 
the rules 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 a Federal standard. As a result, it 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 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'' and ``Section 22.0,'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

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                                 Table 3.--EPA Approved Knox County, Regulations
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                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
13.0.............................  Definitions.........     03/08/00  01/03/07............
                                                                      [Insert citation of
                                                                       publication].
 
                                                  * * * * * * *
22.0.............................  Regulation of             1/10/01  01/03/07............
                                    Fugitive Dust and                 [Insert citation of
                                    Materials.                         publication].
 
                                                  * * * * * * *
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[FR Doc. E6-22482 Filed 12-29-06; 8:45 am]
BILLING CODE 6560-50-P