Approval and Promulgation of Implementation Plans: Revisions to the Tennessee Nitrogen Oxides Budget and Allowance Trading Program

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Rules and Regulations]
[Page 25072-25077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-6]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2003-TN-0001, EPA-R04-OAR-2004-TN-0001-200413(a); FRL-8163-3]

Approval and Promulgation of Implementation Plans: Revisions to
the Tennessee Nitrogen Oxides Budget and Allowance Trading Program

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions
to the Tennessee Department of Environment and Conservation's Nitrogen
Oxides (NO_X) Budget Trading Program (Trading Program)
submitted October 27, 2003, and December 10, 2003, by the State of
Tennessee. The first revision corrects a miscalculation in Tennessee's
NO_X trading budget for non-electric generating units (non-
EGUs) resulting from the use of an incorrect control efficiency
percentage for one of the Trading Program's non-EGU sources--an Eastman
Chemical Company boiler. The correction of this miscalculation results
in a 147 tons per season (tps) increase in Tennessee's NO_X
trading budget for non-EGUs--making its non-EGU trading budget 5,666
tps, instead of 5,519 tps, and increasing Tennessee's total State-wide
NO_X budget from 163,928 tpy to 164,075 tpy. Based on this
correction, Tennessee's second revision reallocates trading allowances
to Eastman Chemical Company--increasing the NO_X trading
allowances from 416 tps to 549 tps for the Eastman Chemical Company boiler.

DATES: This direct final rule is effective June 27, 2006 without
further notice, unless EPA receives adverse comment by May 30, 2006. If
adverse comment is received, EPA 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-

[[Page 25073]]

OAR-2003-TN-0001 or EPA-R04-OAR-2004-TN-0001, by one of the following
methods:
1. http://www.regulations.gov Follow the on-line
instructions for submitting comments.
2. E-mail: difrank.stacy@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2003-TN-0001 or EPA-R04-OAR-2004-TN-0001'',
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: Stacy DiFrank, 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-
2003-TN-0001 or EPA-R04-OAR-2004-TN-0001.'' EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at http://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 http://www.regulations.gov or
e-mail, information that you consider to be CBI or otherwise protected. The
http://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 http://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 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
http://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 http://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 legal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, 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)
562-9042. Ms. DiFrank can also be reached via electronic mail at
difrank.stacy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On October 27, 1998, EPA published the NO_X SIP Call (63
FR 57356). In the NO_X SIP Call, EPA took final action to
prohibit specified amounts of emissions of one of the main precursors
of ground level ozone, NO_X, in order to reduce ozone
transport across state boundaries in the eastern half of the United
States. EPA also set forth requirements for each of the affected upwind
states to submit SIP revisions prohibiting those amounts of
NO_X emissions which significantly contribute to downwind air
quality problems. In addition, EPA established state-wide
NO_X emissions budgets for the affected states to be met by
the year 2007. See 40 CFR 51.121(e)(2). The state-wide NO_X
emissions budgets were calculated by assuming the emissions reductions
that would be achieved by applying available, highly cost-effective
controls to source categories of NO_X. The source categories
identified and regulated in the NO_X SIP Call were electric
generating units (EGUs), non-electric generating units (non-EGUs),
internal combustion engines, and cement kilns. For the State of
Tennessee, EPA determined the total 2007 State-wide NO_X
emissions budget to be 163,928 tons per season (tps), with the
following 5 sub-budgets:

----------------------------------------------------------------------------------------------------------------
EGU Non-EGU Area Nonroad Highway Total
----------------------------------------------------------------------------------------------------------------
25,814 tps 5,519 tps 13,333 tps 52,920 tps 66,342 tps 163,928 tps
----------------------------------------------------------------------------------------------------------------
See 69 FR 3015, 3016 (January 22, 2004).

To assist the states in their efforts to meet the NO_X
SIP Call, the NO_X SIP Call final rulemaking included a model
NO_X allowance trading regulation, called the
``NO_X Budget Trading Program for State Implementation
Plans,'' (40 CFR part 96), that could be used by states to develop
their regulations. In the NO_X SIP Call, EPA explained that
if states developed an allowance trading regulation consistent with the
EPA model rule, they could participate in a regional allowance trading
program that would be administered by EPA. See 63 FR 57458-57459. EPA's
model NO_X budget and allowance trading rule sets forth a
NO_X emissions trading program for large EGUs and non-EGUs.
For a full description of EPA's model NO_X budget trading
program, see 63 FR 57514-56538 and 40 CFR part 96.
In an emissions budget and allowance trading program, the state
sets an emissions trading budget for covered sources. The trading
budget limits the total number of allowances for each source covered by
the program during a particular control period. After setting the
trading budget, the state then assigns, or allocates, allowances to the
participating entities up to the level of the trading budget. Each
allowance authorizes the emission of a quantity of pollutant, e.g., one
ton of airborne NO_X. At the end of the control period, each
source must demonstrate that its actual

[[Page 25074]]

emissions during the control period were less than or equal to the
number of available allowances it holds. Sources that reduce their
emissions below their allocated allowance level may sell their extra
allowances. Sources that emit more than the amount of their allocated
allowance level may buy allowances from the sources with extra reductions.
In response to the NO_X SIP Call, Tennessee submitted SIP
revisions in 2000, 2001, and 2003 that consisted of standards for
cement kilns and a NO_X Budget Trading Program for large
EGU's and certain non-EGUs (Trading Program). Tennessee's Trading
Program applies to all large EGUs and to non-EGUs that have a heat
input capacity equal to or greater than 250 million Brithish thermal
units (mmBtu) per hour. Under the Trading Program, each NO_X
allowance permits a source to emit one ton of NO_X during the
seasonal control period. NO_X allowances may be bought or
sold. Unused NO_X allowances may also be banked for future
use, with certain limitations. Upon finding that the submittals met the
requirements of Phase I of the NO_X SIP Call, EPA fully
approved the State's Trading Program on January 22, 2004 (69 FR 3015).
Under the approved Trading Program, Tennessee's NO_X trading
budget was as follows:

Tennessee's Previously Approved NOX Trading Budget
------------------------------------------------------------------------
Tennessee 2007
NOX Trading
Source category Program budget
emissions (tps)
------------------------------------------------------------------------
EGU................................................... 25,814
Non-EGU............................................... 5,519
-----------------
Total............................................. 31, 333
------------------------------------------------------------------------

In addition, and also pursuant to the Trading Program, the State
made allocations under the trading budget to its EGU and non-EGU sources.
On October 27, 2003, and December 10, 2003, Tennessee submitted SIP
revisions to its Trading Program. The first SIP revision submittal
corrects a miscalculation in Tennessee's trading budget for non-EGUs.
This miscalculation resulted from the use of an incorrect control
efficiency percentage for one of the Tennessee Trading Program's non-
EGU sources--an Eastman Chemical Company boiler. The correction of this
miscalculation results in a 147 tps increase in Tennessee's trading
budget for non-EGUs--making its non-EGU trading budget 5,666 tps,
instead of 5,519 tps, and increases Tennessee's State-wide
NO_X budget from 163,928 tpy to 164,075 tpy. Based on this
correction, Tennessee's second SIP revision submittal reallocates
trading allowances to Eastman Chemical Company.

II. Analysis of Tennessee's October 27, 2003 Submittal: Correction to
Non-EGU Trading Budget

At the time it developed its Trading Program, Tennessee calculated
its 2007 trading budget for covered non-EGUs to be 5,519 tps. This 2007
trading budget reflects calculations for 24 units at 10 plants. The
calculations, based upon EPA's NO_X SIP Call methodology,
require (1) the determination of an adjusted baseline emissions amount
(total uncontrolled emissions) at each unit; (2) the application of a
growth factor of 1.65; (3) the application of presumptive controls of
60 percent; (4) the calculation of each unit's budget--which represents
the difference between the total uncontrolled emissions and the
presumptively controlled emissions; and (5) the summation of the total
resulting budgets for all units to establish a total non-EGU trading
budget. Where units already had controls in place during the period
used for the NO_X SIP Call inventory, uncontrolled emissions
were determined by calculating the control efficiency of those controls
and adding those ``controlled'' emissions back into the baseline
amount. Using this formula, Tennessee determined its non-EGU trading
budget to be 5,519 tps. See Tennessee Rule 1200-3-27-.06(1)(f).
The State of Tennessee's SIP submittal, dated October 27, 2003,
seeks EPA approval to change Tennessee's SIP (specifically Tennessee
Rule 1200-3-27-.06(1)(f)) to reflect a non-EGU trading budget of 5,666
tps, instead of 5,519 tps. The basis for this change is information
from Eastman Chemical Company indicating that the control efficiency
for the low-NO_X burners and overfire air on its wall-fired,
pulverized coal boiler--Boiler Unit 016 (325-31)--was incorrectly
identified as 40 percent during the development of the State's non-EGU
trading budget. The correct control efficiency is 54.5 percent. Eastman
Chemical Company recognized this error during preparation of its Clean
Air Act title V permit application. The corrected control efficiency of
54.5 percent is calculated as follows:
? For pulverized coal, dry bottom wall-fired bituminous pre-
New Source Performance Standards boilers, an emission factor of 22
pounds per ton (lb/ton) was used;
? Assuming coal at 12,500 Btu/lb, these factors are equal to
0.88 lb/mmBtu and 0.6 lb/mmBtu, respectively. Boiler Unit 016 (325-31)
has a best available control technology limit of 0.4 lb/mmBtu. This
would equate to a control efficiency of (0.88-0.4)/0.88 = 54.5 percent.
The original calculation of Tennesee's trading budget for Boiler
Unit 016 (325-31) using the incorrect control efficiency of 40 percent
was 457.776 tps, which, together with the trading budgets from other
covered non-EGUs, resulted in a total non-EGU trading budget of 5,519
tps. The 457.776 tps trading budget for Boiler Unit 016 (325-31) was
calculated using the following information:
? Controlled emissions for the Boiler are 416.16 tps.
? A 40 percent control efficiency reflected the control of 277.44 tps.
? When those 277.44 tps of controlled NO_X
emissions were added back into the baseline of 416.16 tps, the
resulting adjusted baseline emissions (reflecting all uncontrolled
emissions) was 693.6 tps.
In calculating the trading budget using the incorrect control
efficiency figure of 40 percent, the adjusted baseline emissions for
the Boiler (693.6 tps) were multiplied by the growth factor of 1.65 to
render the amount of uncontrolled emissions for the Unit for the year
2007 (1,144.44 tps). A presumptive control of 60 percent was then
applied to the uncontrolled emissions to render the amount of emissions
that are controllable at the Boiler (686.664 tps). The difference
between the 2007 uncontrolled emissions (1,144.44 tps) and the
controllable emissions (686.664 tps) represented the trading budget for
the Unit (457.776 tps). Thus, the original calculations for Boiler Unit
016 (325-31) were as follows:
? Total 2007 uncontrolled emissions: 693.6 tps x 1.65 = 1,144.44 tps.
? Presumptive controlled emissions (60 percent) 1,144.44 tps
x 0.6 = 686.664 tps.
? Trading budget for Boiler: 1,144.44 tps - 686.664 tps =
457.776 tps.
However, using the corrected control efficiency of 54.5 percent
(versus 40 percent) results in more uncontrolled emissions being added
back into the adjusted baseline emissions amount (total uncontrolled
emissions) calculated for Boiler Unit 016 (325-31) and further results
in an increase to the Boiler's trading budget. That is, using the
corrected control efficiency for the Boiler of 54.5 percent results in
an additional 222.178 tps of controlled emissions that should have been
added back into the Boiler's adjusted baseline emissions--resulting in
an adjusted baseline emissions for Boiler Unit 016 (325-31) of 915.778 tps.

[[Page 25075]]

In calculating the trading budget using this corrected information,
the adjusted baseline emissions for the Boiler (915.778 tps) are
multiplied by the growth factor of 1.65 to render the amount of 2007
uncontrolled emissions for the Boiler (1,511.0337 tps). A presumptive
control of 60 percent is then applied to the uncontrolled emissions to
render the amount of 2007 emissions that are controllable at the Boiler
(906.62022 tps). The difference between the 2007 uncontrolled emissions
(1,511.0337 tps) and the controllable emissions (906.62022 tps)
represents the trading budget for the Boiler (604.41348 tps). The
corrected calculations for Boiler Unit 016 (325-31) are as follows:
? Uncontrolled emissions through 2007: 915.778 tps x 1.65 =
1,511.0337 tps.
? Presumptive controlled emissions (60 percent) 1,511.0337
tps x 0.6 = 906.62022 tps.
? Trading budget for Boiler: 1511.0337 tps - 906.62022 tps =
604.41348 tps.
The corrected calculations result in a trading budget for Boiler
Unit 016 (325-31) of 604.413 tps rather than 457.776 tps. This is a
difference of an additional 146.637 tps (or 147 tps when rounding up).
The corrected, and additional 147 tps, revises Tennessee's total non-
EGU trading budget upward--from 5,519 tps to 5,666 tps. This also
revises the total Tennessee State-wide NO_X budget upward
from 163,928 tps to 164,075 tps.
EPA has reviewed these calculations and concurs with this revision
to both the non-EGU trading budget and the overall State-wide
NO_X budget for Tennessee. Therefore, EPA is approving
Tennessee's October 27, 2003 SIP revision. Tennessee's overall NO_X
emissions budgets and Trading Program budgets are now as follows:

Tennessee's Current NOX Trading Program Budgets
------------------------------------------------------------------------
Tennessee 2007
NOX Trading
Source category Program budget
emissions (tps)
------------------------------------------------------------------------
EGU................................................... 25,814
Non-EGU............................................... 5,666
-----------------
Total............................................. 31,480
------------------------------------------------------------------------

Tennessee's Current Overall NOX Emissions Budgets
------------------------------------------------------------------------
Tennessee 2007
Source category NOX budget
emissions (tps)
------------------------------------------------------------------------
EGUs.................................................. 25,814
Non-EGUs.............................................. 5,666
Area Sources.......................................... 13,333
Non-road Sources...................................... 52,920
Highway Sources....................................... 66,342
-----------------
Total............................................. 164,075
------------------------------------------------------------------------

III. Analysis of Tennessee's December 10, 2003 Submittal: Reallocation
of Allowances

In light of the above correction to Tennessee's non-EGU trading
budget, the State's second SIP submittal, dated December 10, 2003,
reallocates a portion of the corrected non-EGU trading budget (now
5,666 tps) to Eastman Chemical Company's Boiler Unit 016 (325-31)
pursuant to the State's allocation methodology that is set out in its
EPA-approved Trading Program. See Tennessee Rule 1200-3-27-.06(2),
Subpart E. The reallocation provides the Eastman Chemical Company
Boiler with 133 tps of additional trading allowances, for a total of
549 tps.
Under its EPA-approved Trading Program, Tennessee's NO_X
trading budget allowances are submitted as proposed SIP revisions to
EPA for approval. See Tennessee Rule 1200-3-27-.06(1)(h)(3). The
State's original EGU and non-EGU trading allowances (submitted to EPA
on October 4, 2001) were approved by EPA on January 22, 2004 (69 FR 3015).
With very few exceptions, Tennessee allocates allowances
equivalent to 60 percent of the adjusted baseline emissions to each
non-EGU unit in its Trading Program. Under the State's original
(uncorrected) 5, 519 tps trading budget, Tennessee allocated a total of
5,255 tps to the 24 units in its Trading Program. Of that 5,255 tps,
Eastman Chemical's Boiler Unit 016 (325-31) was allocated 416 tps based
upon the above-discussed erroneously calculated adjusted baseline
emissions of 693.6 tps.
Tennessee's December 10, 2003, SIP submittal seeks to adjust the
allocation of allowances to Boiler Unit 016 (325-31) in light of the
correction to the State's non-EGU trading budget which resulted from
correcting the Boiler's adjusted baseline emissions. Using the
corrected adjusted baseline emissions for Boiler Unit 016 (325-31) of
915.778 tps, the portion of the non-EGU trading budget allocated to the
Eastman Chemical Boiler under the State's 60% allocation methodology
becomes 549 tps, rather than 416 tps (an increase of 133 tps). That is,
using the State's allocation methodology, 60 percent of the Boiler's
adjusted baseline emissions of 915.778 equals 549 tps.
It should be noted that the 133 tps increase in allocations to
Boiler 016 (325-31) uses only a portion of the corrected non-EGU
trading budget (e.g., 133 tps of the 147 tps added to the trading
budget after correction). The remainder of the corrected trading budget
increase (14 tps) has not been re-allocated by the State. With the 133
tps allocations increase to Boiler 016 (325-31), the resulting
corrected total of allocations to all non-EGUs in the State's Trading
Program is 5,388 tps. This total of non-EGU allocations represents 95
percent of the State's non-EGU trading budget as required by the
Trading Program (and EPA's model trading program). See Tennessee Rule
1200-3-27-.06, Subpart E, Section 92.42(c)(2).
Because Tennessee's reallocation of allowances to Eastman Chemical
Company's Boiler Unit 016 (325-31) was made in accordance with the
State's EPA-approved Trading Program, EPA concurs with the reallocation
and is approving Tennessee's December 10, 2003, SIP submittal. The
allocation to Eastman Chemical Company's Boiler 016 (325-31) is now 549 tps.

IV. Final Action

EPA is approving the aforementioned changes to the Tennessee SIP.
EPA has reviewed the State of Tennessee's justification concerning the
re-calculation of non-EGU NO_X emissions and concurs with
Tennessee's 2007 state-wide NO_X budget for non-EGUs of 5,666
tps. With this re-calculation, EPA is also approving the resulting
increase in Tennessee's State-wide NO_X emission budget--now
at 164,075 tps. In addition, EPA has also reviewed the State's request
to re-allocate allowances of the non-EGU NO_X budget to
Eastman Chemical Company's Boiler Unit 016 (325-31) based upon these
corrections and concurs with the revised allocation of 549 tps for this
Unit.
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 June 27, 2006
without further notice unless the Agency receives adverse comments by
May 30, 2006.

[[Page 25076]]

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 June 27, 2006 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
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
(59 FR 22951, November 9, 2000). This action also does not have federalism
implications because it does not 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 action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

Dated: April 19, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

? 40 CFR part 52 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 et seq.

Subpart RR--Tennessee

? 2. Section 52.2220(c) is amended by revising the entries in Table 1 for
``Section 1200-3-27-.06'' to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *
(c) * * *

Table 1.--EPA-Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State effective Federal Register
State citation Title/subject date EPA approval date notice
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 1200-3-27-.06........... NOX Trading Budget October 19, 2003. April 28, 2006.... [Insert citation
for State of publication].
Implementation
Plans.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 25077]]

* * * * *
[FR Doc. 06-4023 Filed 4-27-06; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans: Revisions to the Tennessee Nitrogen Oxides Budget and Allowance Trading Program

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