[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71502-71504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28377]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0455; FRL-9903-17-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: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Tennessee, through the Tennessee Department 
of Environment and Conservation (TDEC) on December 13, 2012. EPA 
proposed action on this revision on August 16, 2013, and received no 
adverse comments. 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: This rule will be effective December 30, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0455. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 through 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:

I. This Action
II. Final Action
III. Statutory and Executive Order Reviews

I. This Action

    On December 13, 2012, TDEC submitted a SIP revision to EPA for 
approval into the Knox County portion of the Tennessee SIP. 
Specifically, the

[[Page 71503]]

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. 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.
    EPA proposed approval of Tennessee's December 13, 2012, submission 
on August 16, 2013 (78 FR 49990), and received no adverse comments on 
its proposed action.

II. Final Action

    EPA is approving the aforementioned change to the 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. See 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);
     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 January 28, 2014. 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. 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements and Sulfur oxides.

    Dated: November 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 the entry in Table 3 for 
``Section 13.0'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA Approved Knox County, Regulations
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                                                     State
    State section           Title/subject       effective date     EPA approval date           Explanation
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                                                  * * * * * * *
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13.0.................  Definitions............      10/17/2012  11/29/2013 [Insert
                                                                 first page of
                                                                 publication].
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[FR Doc. 2013-28377 Filed 11-27-13; 8:45 am]
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