[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30235-30237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14873]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0676-200820(a); FRL-8903-6]
Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Approval of Revisions to the Knox County Portion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Knox County portion of the Tennessee State Implementation Plan (SIP)
submitted by the State of Tennessee on April 21, 2008. The revision
pertains to the Knox County Department of Air Quality Management
(KCDAQM) Regulation, Section 25.0 ``Permits,'' specifically subsection
25.6--Exemptions. This revision removes ``mobile sources'' from the
list of exempted air contaminant sources, with respect to operating
permits and reserves subsection 25.6.A. This revision is part of KCDAQM
strategy to attain and maintain the National Ambient Air Quality
Standards for 8-hour ozone, particulate matter (PM)2.5 and
PM10. This revision was certified by the Tennessee
Department of Environment and Conservation to be at least as stringent
as the State of Tennessee's existing requirements in Chapter 1200-3-
9-.04 ``Exemptions,'' and is being approved pursuant to section 110 of
the Clean Air Act (CAA).
DATES: This direct final rule is effective August 24, 2009 without
further notice, unless EPA receives adverse comment by July 27, 2009.
If EPA receives such comments, it 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-2008-0676, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2008-0676,'' 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: Ms. 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-
2008-0676.'' 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 e-mail, 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 e-mail comment directly to EPA without
going through 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
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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 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Twunjala Bradley, 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) 562-9352. Ms. Bradley can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Analysis of Submittal
On April 21, 2008, the State of Tennessee submitted a revision to
the Knox County portion of the Tennessee SIP, which included a change
to the KCDAQM Regulations Section 25.0 ``Permits''--Exemptions (25.6).
This change was approved by the Knox County Air Pollution Control Board
on January 16, 2008.
The purpose of this revision is to remove ``mobile sources''
(25.6.A) from the Exemption list of Section 25.6 to prevent significant
sources of air pollution (e.g. large diesel generator powered rock
crusher, asphalt plant or distillation units) from invoking exemptions
from obtaining a major source operating permit because of potential
mobility of the device. These devices use portable engines, and in some
cases, the equipment is only mounted on skids, wheels, or tires without
any self-propulsion capabilities, which sources interpret as a mobile
source. These devices may emit significant amounts of nitrogen oxides,
a precursor to ozone pollution. According to KCDAQM, the applicability
of the terms stationary and mobile, in the permitting context, have
been misinterpreted. Mobile sources are described in the KCDAQM
Regulations Section 25.6.A as ``automobiles, trucks, buses,
locomotives, planes, boats, and ships.'' In addition, KCDAQM
Regulations define ``stationary source'' as a fixed site producer of
pollution including power plants and other facilities using industrial
combustion processes. This SIP revision would prevent sources from
attempting to claim exemption status for portable devices as mobile
sources by removing ``mobile sources'' from the list of exempted
sources and reserving 25.6.A. This change was certified by the State of
Tennessee to be at least as stringent as existing requirements under
the SIP.
II. Final Action
EPA is now taking direct final action to approve the aforementioned
change to the Knox County portion of the Tennessee SIP, pursuant to
section 110 of 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 August 24, 2009
without further notice unless the Agency receives adverse comments by
July 27, 2009.
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 August 24, 2009 and no
further action will be taken on the proposed rule.
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);
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 voluntary consensus standards 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
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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.
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 August 24, 2009. 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 a 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, Carbon monoxide,
Incorporation by reference, Ozone, Particulate matter.
Dated: June 15, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
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2. Section 52.2220(c) Table 3 is amended by revising the entry for
Section 25.0 to read as follows:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 3--EPA Approved Knox County, Regulations
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State effective
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
Section 25.0.................... Permits........... January 16, 2008.. June 25, 2009 ..................
[Insert citation
of publication].
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[FR Doc. E9-14873 Filed 6-24-09; 8:45 am]
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