[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Rules and Regulations]
[Pages 66747-66748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31036]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-134-1-6769a; FRL-5316-9]
Approval and Promulgation of Implementation Plans; Tennessee:
Revisions to Knox County Regulations for Appeals, Violations,
Monitoring, Recording, and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving 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 on June 28, 1994. This submittal included revisions to the
current regulations concerning appeals, judicial review, and violations
of the air pollution regulations in Knox County. This submittal also
included revisions which added requirements for enhanced monitoring
compliance certification and enforcement. However, no action is being
taken on these revisions at this time, due to the preliminary nature of
the proposed federal requirements for enhanced monitoring and
compliance assurance monitoring.
DATES: This final rule will be effective February 26, 1996, unless
adverse or critical comments are received by January 25, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments on this action should be addressed to Karen
Borel at the EPA Regional Office listed below. Copies of the documents
relative to this action are available for public inspection during
normal business hours at the following locations. The interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, L & C Annex, 9th Floor, 401 Church Street,
Nashville, Tennessee 37243-1531
Knox County Department of Air Pollution Control, City-County Building,
Suite 339, 400 West Main Street, Knoxville, Tennessee, 37902.
FOR FURTHER INFORMATION CONTACT: Interested persons wanting to examine
documents relative to this action should make an appointment with the
Region 4 Air Programs Branch at least 24 hours before the visiting day.
To schedule the appointment or to request additional information,
contact Karen C. Borel, Regulatory Planning and Development Section,
Air Programs Branch, Air, Pesticides & Toxics Management Division,
Region 4 EPA, 345 Courtland Street, NE, Atlanta, Georgia 30365. The
telephone number is 404/347-3555, extension 4197. Reference file TN134-
01-6769.
SUPPLEMENTARY INFORMATION: On June 28, 1994, the State of Tennessee
through the Tennessee Department of Environment and Conservation
submitted a revision to the Knox County portion of its SIP
incorporating changes to regulations for appeals, judicial review,
violations, and monitoring, recording and reporting. The SIP revision
consists of changes to sections 29.1.B, 29.3, 30.1.A, and 30.1.D, and
the addition of section 26.6. EPA is not taking action on the addition
of section 26.6 at this time, due to the preliminary nature of the
proposed federal regulations for enhanced monitoring and compliance
assurance monitoring. The revisions which are being approved are
summarized as follows.
1. Section 29.1.B has been revised. This paragraph has been amended
to change the phrase ``citizen of Knox County'' to the word ``person''
early in the first sentence, and to add the word ``a'' just prior to
``public hearing'' at the end of this paragraph.
2. Section 29.3 has been revised. This paragraph has been amended
such that any ruling of the Air Pollution Control Board is now subject
to judicial review in the State court, rather than in the Knox County
Circuit Court.
3. Section 30.1.A has been revised. This paragraph now refers to
``violations'' rather than the singular ``violation.'' It also calls
for punishment of violations in accordance with Tennessee law, rather
than the Tennessee Code Annotated.
4. Section 30.1.D has been deleted and replaced. The previous
language described actual penalties for violations, such as fines or
imprisonment. The replacement language states that civil penalties will
be assessed as provided by Tennessee law.
Final Action
EPA is approving the aforementioned revisions contained in the
State's June 28, 1994, submittal. The EPA is publishing this action
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
the EPA is proposing to approve the SIP revision should adverse or
critical comments be filed. This action will be effective February 26
1996, unless, within 30 days of its publication, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective February 26, 1996.
[[Page 66748]]
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by February 26, 1996.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this rule for 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) of the
Act, 42 U.S.C. 7607 (b)(2).)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. section 7410(a)(2) and 7410(k)(3).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under the Clean Air Act.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. To the extent that the rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
Dated: October 2, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart RR--Tennessee
2. Section 52.2220, is amended by adding paragraph (c)(132) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(132) Revisions to the Knox County Air Pollution Control
Regulations submitted by the Tennessee Department of Environment and
Conservation on June 28, 1994. These consist of revisions to appeals,
judicial review, and violations of the air pollution regulations in
Knox County.
(i) Incorporation by reference.
Knox County Air Pollution Control Regulations, Sections 29.1.B,
29.3, 30.1.A, and 30.1.D adopted May 25, 1994.
[FR Doc. 95-31036 Filed 12-22-95; 8:45 am]
BILLING CODE 6560-50-P