[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50192-50195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16932]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-200524-FRL-7952-3]
Approval and Promulgation of Air Quality Implementation Plans;
Chattanooga, TN; Revised Format for Materials Being Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Notice of administrative change.
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SUMMARY: EPA is revising the format of part 52 of Title 40 of the Code
of Federal Regulations (40 CFR part 52) for materials submitted by
Chattanooga, Tennessee that are incorporated by reference (IBR) into
the State Implementation Plan (SIP). The regulations affected by this
format change have all been previously submitted by the local agency
and approved by EPA.
This format revision will affect the ``Identification of Plan''
sections of 40 CFR part 52, by adding a table for the Chattanooga
portion of the Tennessee SIP. This revision will also affect the format
of the SIP materials that will be available for public inspection at
the Office of the Federal Register (OFR), the Air and Radiation Docket
and Information Center, and the Regional Office.
DATES: This action is effective August 26, 2005.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, and the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Ms. Stacy DiFrank at the above Region
4 address or at (404) 562-9042.
SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control
measures and strategies used to attain and maintain the national
ambient air quality standards (NAAQS). The SIP is extensive, containing
such elements as air pollution control regulations, emission
inventories, monitoring networks, attainment demonstrations, and
enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the SIP to EPA. Once these control measures and
strategies are approved by EPA, after notice and comment, they are
incorporated into the federally approved SIP and are identified in part
52 ``Approval and Promulgation of Implementation Plans.'' The full text
of the state regulation approved by EPA is not reproduced in its
entirety in 40 CFR part 52, but is ``incorporated by reference.'' This
means that EPA has approved a given state regulation with a specific
effective date. The public is referred to the location of the full text
version should they want to know which measures are contained in a
given SIP. The information provided allows EPA and the public to
monitor the extent to which a state implements a SIP to attain and
maintain the NAAQS and to take enforcement action if necessary.
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations as being part of the SIP. On
May 22, 1997, (62 FR 27968), EPA revised the procedures for
incorporating by reference (IBR), into the Code of Federal Regulations,
materials submitted by states in their EPA-approved SIP revisions.
These changes revised the format for the identification of the SIP in
40 CFR part 52, streamlined the mechanisms for announcing EPA approval
of revisions to a SIP, and streamlined the mechanisms for EPA's
updating of the IBR information contained for each SIP in 40 CFR part
52. Pursuant to these revised procedures, EPA is revising the format
for identification of the Chattanooga portion of the Tennessee SIP,
appearing in 40 CFR part 52. EPA has previously revised the format for
the identification of the Tennessee SIP and the Memphis-Shelby County
and Knox County portions of the SIP.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation, and APA section
553(d)(3) which allows an agency to make an action effective
immediately
[[Page 50193]]
(thereby avoiding the 30-day delayed effective date otherwise provided
for in the APA). Today's administrative action simply codifies
provisions which are already in effect as a matter of law in Federal
and approved state programs. Under section 553 of the APA, an agency
may find good cause where procedures are ``impractical, unnecessary, or
contrary to the public interest.'' Public comment for this
administrative action is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice of this action in the Federal Register benefits the public by
providing the public notice of the Chattanooga portion of the Tennessee
SIP in Tennessee's ``Identification of Plan'' portion of 40 CFR part
52.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
administrative action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. Because the
Agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the APA or any other
statute as indicated in the SUPPLEMENTARY INFORMATION section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.,) or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This
administrative action also does 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), nor
will it 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 administrative action also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This administrative action does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. This administrative action also does not involve
special consideration of environmental justice related issues as
required by Executive Order 12898 (59 FR 7629, February 16, 1994). This
administrative action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
EPA's compliance with these Statutes and Executive Orders for the
underlying rules are discussed in previous actions taken on
Chattanooga, Tennessee's rules.
B. Submission to Congress and the Comptroller General
The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. 5
U.S.C. 808(2). These announced actions were effective when EPA approved
them through previous rulemaking actions. 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 this action in the Federal
Register. This revision to Chattanooga's portion of the Tennessee SIP
in the ``Identification of Plan'' section of 40 CFR part 52 is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. This action is simply an announcement of
prior rulemakings that have previously undergone notice-and-comment
rulemaking. Prior EPA rulemaking actions for each individual component
of the Chattanooga portion of the Tennessee SIP previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 4, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Chattanooga, Tennessee
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2. Section 52.2220 is amended as follows:
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a. By revising paragraph (b); and
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b. adding table 4 in paragraph (c) for Chattanooga, ``EPA Approved
Chattanooga Regulations''.
Sec. 52.2220 Identification of plan.
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(b) Incorporation by reference.
(1) Material listed in paragraph (c) of this section with an EPA
approval date prior to December 1, 1998, for Tennessee (Table 1 of the
Tennessee State Implementation Plan), January 1, 2003 for Memphis
Shelby County (Table 2 of the Memphis Shelby County portion of the
Tennessee State Implementation Plan), March 1, 2005, for Knox County
(Table 3 of the Knox County portion of the Tennessee State
Implementation Plan), and April 1, 2005, for Chattanooga (Table 4 of
the Chattanooga portion of the Tennessee State Implementation Plan) and
paragraph (d) of this section with an EPA approval date prior to
December 1, 1998 was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraph
[[Page 50194]]
(c) of this section with EPA approval dates after December 1, 1998, for
Tennessee (Table 1 of the Tennessee State Implementation Plan), January
1, 2003, for Memphis Shelby County (Table 2 of the Memphis Shelby
County portion of the Tennessee State Implementation Plan), March 1,
2005, for Knox County (Table 3 of the Knox County portion of the
Tennessee State Implementation Plan), and April 1, 2005, for
Chattanooga (Table 4 of the Chattanooga portion of the Tennessee State
Implementation Plan) and paragraph (d) of this section with an EPA
approval date of after December 1, 1998 will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW.,
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW.,
Washington, DC. 20460 and the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) * * *
Table 4.--EPA Approved Chattanooga Regulations
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Adoption
State section Title/subject date EPA approval date Explanation
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Article I. In General
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Section 4-1....................... Declaration of Policy and 07/20/89 05/08/90, 55 FR
Purposes: Title. 19066.
Section 4-2....................... Definitions............... 08/16/95 02/18/97, 62 FR 7163
Section 4-3....................... Regulations cumulative; 08/16/95 02/18/97, 62 FR 7163
compliance with one
provision no defense to
noncompliance with
another; use of
alternative methods.
Section 4-4....................... Penalties for violation of 08/16/95 02/18/97, 62 FR 7163
chapter, permit or order.
Section 4-5....................... Limitations of chapter.... 07/20/89 05/08/90, 55 FR
19066.
Section 4-6....................... Air pollution control 08/16/95 02/18/97, 62 FR 7163
board; bureau of air
pollution control;
persons required to
comply with chapter.
Section 4-7....................... Powers and duties of the 07/20/89 05/08/90, 55 FR
board; delegation. 19066.
Section 4-8....................... Installation permit, 08/16/95 02/18/97, 62 FR 7163
temporary operating
permit, certification of
operation and solid fuel
permit.
Section 4-9....................... Technical reports; charges 07/20/89 05/08/90, 55 FR
19066.
Section 4-10...................... Records................... 07/20/89 05/08/90, 55 FR
19066.
Section 4-11...................... General Requirements...... 07/20/89 05/08/90, 55 FR
19066.
Section 4-12...................... Limits on emissions due to 08/16/95 02/18/97, 62 FR 7163
equipment malfunction,
start-up or shutdown.
Section 4-13...................... Certificate of alternate 12/11/95 08/12/97, 62 FR
control. 43109.
Section 4-14...................... Court determination of 07/20/89 05/08/90, 55 FR
invalidity of having two 19066.
sets of limitations for
process or fuel burning
equipment; effect.
Section 4-15...................... Right to file abatement 07/20/89 05/08/90, 55 FR
suits. 19066.
Section 4-16...................... Right of entry of city 08/16/95 02/18/97, 62 FR 7163
employees; search
warrants.
Section 4-17...................... Enforcement of chapter; 08/16/95 02/18/97, 62 FR 7163
procedure for
adjudicatory hearings.
Section 4-18...................... Hearings and judicial 08/16/95 02/18/97, 62 FR 7163
review.
Section 4-19...................... Confidentiality of certain 08/16/95 02/18/97, 62 FR 7163
records.
Section 4-20...................... Emergencies............... 07/20/89 05/08/90, 55 FR
19066.
Section 4-21...................... Variances................. 07/20/89 05/08/90, 55 FR
19066.
Section 4-22...................... Reserved.
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Article II. Section 4-41 Rules, Regulations, Criteria, Standards
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Section 4-41 Rule 1............... Rules adopted............. 07/20/89 05/08/90, 55 FR
19066.
Section 4-41 Rule 2............... Regulation of Nitrogen 08/15/95 08/12/97, 62 FR
Oxides. 43109.
Section 4-41 Rule 3............... Visible Emission 08/15/95 08/12/97, 62 FR
Regulations. 43109.
Section 4-41 Rule 4............... Regulation of the 07/20/89 05/08/90, 55 FR
Importation, Sales, 19066.
Transportation, Use or
Consumption of Certain
Fuels.
Section 4-41 Rule 5............... Prohibition of Hand-Fired 07/20/89 05/08/90, 55 FR
Fuel Burning Equipment. 19066.
Section 4-41 Rule 6............... Prohibition of Open 07/20/89 05/08/90, 55 FR
Burning. 19066.
Section 4-41 Rule 7............... Incinerator Regulation.... 07/20/89 05/08/90, 55 FR
19066.
Section 4-41 Rule 8............... Fuel Burning Equipment 08/15/95 08/12/97, 62 FR
Regulations. 43109.
Section 4-41 Rule 9............... Regulation of Visible 08/15/95 08/12/97, 62 FR
Emissions from Internal 43109.
Combustion Engines.
Section 4-41 Rule 10.............. Process Emission 07/20/89 05/08/90, 55 FR
Regulations. 19066.
Section 4-41 Rule 11.............. Regulation of Transporting 07/20/89 05/08/90, 55 FR
and Material Handling in 19066.
Open Air.
Section 4-41 Rule 12.............. Regulation of Odors in the 07/20/89 05/08/90, 55 FR
Ambient Air. 19066.
Section 4-41 Rule 13.............. Regulation of Sulfur 08/15/95 08/12/97, 62 FR
Oxides. 43109.
Section 4-41 Rule 14.............. Nuisances................. 07/20/89 05/08/90, 55 FR
19066.
[[Page 50195]]
Section 4-41 Rule 16.............. Emission Standards for 08/15/95 08/12/97, 62 FR
Source Categories of Area 43109.
Sources.
Section 4-41 Rule 17.............. General Provisions and 07/20/89 05/08/90, 55 FR
Applicability for Process 19066.
Gaseous Emissions
Standards.
Section 4-41 Rule 18.............. Prevention of Significant 08/15/95 08/12/97, 62 FR
Air Quality Deterioration. 43109.
Section 4-41 Rule 20.............. Proposed Infectious Waste 08/15/95 08/12/97, 62 FR
Rule. 43109.
Section 4-41 Rule 21.............. Ambient Air Quality 08/15/95 08/12/97, 62 FR
Standards. 43109.
Section 4-41 Rule 22.............. (Reserved)................
Section 4-41 Rule 23.............. General Provisions and 07/20/89 05/08/90, 55 FR
Applicability for Process 19066.
Gaseous Emissions
Standards.
Section 4-41 Rule 24.............. (Reserved)................
Section 4-41 Rule 25.............. General Provisions and 08/15/95 08/12/97, 62 FR
Applicability for 43109.
Volatile Organic
Compounds.
Section 4-41 Rule 26.............. Reasonably Available 08/15/95 08/12/97, 62 FR
Control Technology (RACT). 43109.
Section 4-41 Rule 27.............. Particulate Matter 08/15/95 08/12/97, 62 FR
Controls for New Sources 43109.
and New Modifications
after August 12, 1997.
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[FR Doc. 05-16932 Filed 8-25-05; 8:45 am]
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