[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Proposed Rules]
[Pages 49990-49992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20022]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0455; FRL-9900-12-Region 4]


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: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision 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 December 13,

[[Page 49991]]

2012. The SIP submittal revises the definition of ``Modification'' in 
Knox County Air Quality Management Regulation Section 13 Definitions. 
TDEC considers Knox County's SIP revision to be as or more stringent 
than the Tennessee SIP requirements. EPA is approving the Knox County 
SIP revision because the State has demonstrated that it is consistent 
with the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before September 16, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0455, 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-2013-0455,'' 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, 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-
2013-0455. 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 
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 a.m. to 4:30 p.m., 
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:

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

I. Analysis of Knox County's Submittals

    On December 13, 2012, TDEC submitted a SIP revision to EPA for 
approval into the Knox County portion of the Tennessee SIP. 
Specifically, the December 13, 2012, SIP revises the definition of 
``Modification'' in Knox County Regulation, section 13.0--Definitions. 
The additions of subparagraphs E and F to the definition of 
``Modification'' allows the local permit program authority to provide 
adequate, streamlined, and reasonable procedures for expeditiously 
processing permit changes by excluding certain modifications from 
construction permitting. The addition of subparagraph E provides that 
certain modifications (physical/method of operation) at major sources 
that are not considered Title I modifications do not require 
construction permits. Specifically, modifications at such sources that 
qualify: (1) As Title V operational flexibility changes (CAA section 
502(b)(10)); (2) as minor permit modifications; or (3) for group 
processing of minor modifications will not require construction 
permits. See 40 CFR 70.7 for more detailed information on permit 
modifications.
    The addition at subparagraph F establishes criteria for which a 
physical change or change in the method of operation for a minor source 
does not need a construction permit. These criteria include: (1) The 
change is not subject to the requirements of the Knox County Title V 
program (at section 25.70), Prevention of Significant Deterioration 
(PSD) at Section 45.0 and new source review (NSR) permitting 
regulations at Section 41.0\1\; (2) the emissions from the modification 
does not exceed the allowable emissions established in an existing 
permit; or (3) the change does not result in emissions from a new 
contaminant or pollutant.
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    \1\ EPA notes that the language at subparagraph F that states 
``The change is not subject to requirements of a Title V Operating 
Permit (Section 25.70), a New Source Review Permit (Section 41.0), 
or a Prevention of Significant Deterioration Permit (Section 
45.0);'' refers to the actual Knox County title V, PSD and NSR 
permitting regulations and not to an actual permit, as clarified in 
a email from Knox County on June 7, 2013.
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II. Proposed Action

    EPA is proposing to approve the aforementioned change to Knox 
County portion of the Tennessee SIP, because it is consistent with EPA 
policy and the CAA.

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

[[Page 49992]]

merely proposes to approve 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);
     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 proposal 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 located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements and Sulfur oxides.

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

    Dated: August 7, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-20022 Filed 8-15-13; 8:45 am]
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