
[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Rules and Regulations]               
[Page 30235-30237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-11]                         

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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: benjamin.lynorae@epa.gov.
    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

[[Page 30236]]

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 bradley.twunjala@epa.gov.

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

[[Page 30237]]

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]

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) 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]

BILLING CODE 6560-50-P
