[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13499-13501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04412]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0887; FRL- 9785-5]


Approval and Promulgation of Implementation Plans; Tennessee; 
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 
Knox County portion of the Tennessee State Implementation Plan (SIP), 
submitted by the State of Tennessee, through the Tennessee Department 
of Environment and Conservation (TDEC) on August 19, 2009, August 22, 
2012, and October 12, 2012. The SIP submittals include changes to Knox 
County Air Quality Management Regulations concerning open burning, 
permits and regulation of volatile organic compounds (VOCs). TDEC 
considers Knox County's SIP revisions to be as or more stringent than 
the Tennessee SIP requirements. EPA is approving the Knox County SIP 
revisions because the State has demonstrated that they are consistent 
with the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective April 29, 2013 without 
further notice, unless EPA receives adverse comment by April 1, 2013. 
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 No. EPA-R04-
OAR-2012-0887, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0887,'' 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: Lynorae Benjamin, Chief, 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0887. 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 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email 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

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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: Sean Lakeman, 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) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Analysis of Knox County's Submittals
II. Final Action
III. Statutory and Executive Order Reviews

I. Analysis of Knox County's Submittals

    On August 19, 2009, August 12, 2012 and October 12, 2012, TDEC 
submitted SIP revisions to EPA for approval into the Knox County 
portion of the Tennessee SIP. Specifically, the August 19, 2009, SIP 
revision includes changes to regulations, section 16.0--Open Burning 
(subsection 16.3.C), Section 25.0--Permits (subsection 25.10.B.11) and 
Section 46.0--Regulation of Volatile Organic Compounds. The August 22, 
2012, and October 12, 2012, SIP revisions both amend Section 25.0 
(subsection 25.1). The Knox County SIP revisions, summarized below, are 
as or more stringent than the Tennessee SIP and are approvable pursuant 
to section 110 of the CAA. EPA is taking action to approve these SIP 
revisions.

A. August 19, 2009, Submittal

    This SIP revision makes the following changes to Knox County 
Regulations:
    Section 16 Open Burning, Section 25 Permits and Section 46 
Regulation of Volatile Organic Compounds. Specifically, the submission 
requests that:
    (1) Section 16.3.--Exceptions to Prohibition--Without Permit--
remove from the SIP paragraph 16.3.C allowing law enforcement agencies 
to open burn contraband. EPA is not taking action on this request to 
remove Section 16.3.C from the SIP because it was never approved into 
the Knox County portion of the Tennessee SIP, therefore no action is 
required;
    (2) Section 25.10--Permit by Rule adds Section 25.10.B.11 ``Ethanol 
distribution operations'' so that ethanol distribution operations are 
deemed to have a ``Permit by Rule'' if certain conditions are met. The 
intent of the ``Permit by Rule''' provision is to provide a simple 
compliance technique to limit a facility's potential emissions below 
the ``major source'' threshold, with respect to title V of the CAA. The 
ethanol distribution operations ``Permit by Rule'' provision operates 
by limiting annual throughput and utilizing the Stage I vapor recovery 
system to ensure that a source will not exceed the major source 
thresholds; and
    (3) Section 46.2--Regulation of Volatile Organic Compounds--
replaces at paragraph 46. the existing definition of VOCs with the 
federal definition of VOCs, by incorporating by reference 40 CFR part 
51 subpart F definition of VOCs. This will ensure that the local and 
federal definitions of VOCs are consistent.

B. August 22, 2012, Submittal

    This revision changes Knox County Regulation, section 25.0 by 
adding a new subsection 25.1.D that states ``Additional and/or more 
restrictive construction permit conditions may be established using the 
same procedures and criteria specified in Section 25.3.I.'' This 
provision allows for a more restrictive construction permit to be 
issued provided it adheres to the procedures in Knox County Regulation, 
section 25.3.I.

C. October 12, 2012, Submittal

    This SIP revision changes Knox County Regulation, section 25.0 by 
adding a new subsection 25.1.E to specify that public notice and a 30-
day comment period will be provided for Knox County construction 
permits for minor sources.

II. Final Action

    EPA is approving the aforementioned changes to Knox County portion 
of the Tennessee SIP, because they are consistent with EPA policy and 
the CAA. 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 April 29, 2013 
without further notice unless the Agency receives adverse comments by 
April 1, 2013.
    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 April 29, 2013 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 the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 13501]]

     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country, and EPA notes that it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.
    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 action 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 April 29, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file any comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 12, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    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 for 
``Sections 25.0 and 46.0'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA Approved Knox County, Regulations
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                                                        State        EPA Approval
         State section            Title/Subject    effective date        date                Explanation
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                                                  * * * * * * *
Section 25.0..................  Permits..........      10/10/2012  2/28/13 [Insert   ...........................
                                                                    first page of
                                                                    publication].
 
                                                  * * * * * * *
Section 46.0..................  Regulation of           8/12/2009  2/28/13 [Insert   ...........................
                                 Volatile Organic                   first page of
                                 Compounds.                         publication].
 
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[FR Doc. 2013-04412 Filed 2-27-13; 8:45 am]
BILLING CODE 6560-50-P