Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions To the Knox County Portion of the Tennessee State Implementation Plan

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

[Federal Register: January 3, 2007 (Volume 72, Number 1)]
[Rules and Regulations]
[Page 20-23]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja07-9]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, EPA-R04-OAR-2006-
0532, 200607/17(a); FRL-8265-6]

Approval and Promulgation of Implementation Plans; Tennessee:
Approval of Revisions To the Knox County Portion of the Tennessee State
Implementation Plan

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

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SUMMARY: EPA is taking direct final action to approve multiple
revisions to the Tennessee State Implementation Plan (SIP) submitted by
the State of Tennessee, through the Tennessee Department of Environment
and Conservation (TDEC), on March 16, 2000, July 23, 2002, December 10,
2004, and January 31, 2006. The revisions pertain to the Knox County
portion of the Tennessee SIP and include changes to Knox County Air
Quality Regulations (KCAQR) Section 16.0--``Open Burning,'' Section
25.0--``Permits,'' and Section 46.0--``Regulation of Volatile Organic
Compounds.'' These revisions are part of Knox County's strategy to
attain and maintain the national ambient air quality standards (NAAQS).
Today's action is being taken pursuant to section 110 of the Clean Air
Act (CAA).

DATES: This direct final rule is effective March 5, 2007 without
further notice, unless EPA receives adverse comment by February 2,
2007. 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 Nos. EPA-R04-
OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, and EPA-R04-OAR-2006-0532
by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: louis.egide@epa.gov or hou.james@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2004-TN-0004,'' ``EPA-R04-OAR-2005-TN-
0009,'' or ``EPA-R04-OAR-2006-0532,'' 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: Egide Louis or James Hou, 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 official hours of business.
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-
2004-TN-0004, EPA-R04-OAR-2005-TN-0009, or EPA-R04-OAR-2006-0532. 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

[[Page 21]]

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
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Egide Louis or James Hou, 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. Dr. Louis can be
reached by telephone at (404) 562-9240 or via electronic mail at
louis.egide@epa.gov. The telephone number for Mr. Hou is (404) 562-
8965. He can also be reached via electronic mail at hou.james@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Analysis of State Submittals

On March 16, 2000, July 23, 2002, December 10, 2004, and January
31, 2006, the State of Tennessee, through TDEC, submitted revisions to
the Tennessee SIP. The revisions pertain to the Knox County portion of
the Tennessee SIP and include changes to KCAQR Section 16.0--``Open
Burning,'' Section 25.0--``Permits,'' and Section 46.0--``Regulation of
Volatile Organic Compounds.'' These rule changes became effective at
the county level on March 8, 2000, June 25, 2002, December 8, 2004, and
December 14, 2005, respectively. These revisions were initially
submitted by Knox County Air Quality Management Division for review to
TDEC, which found the changes to be at least as stringent as the
corresponding State requirements. TDEC then prepared the forma SIP
revision submittals for EPA review. The changes included as part of the
instant revisions are part of Knox County's strategy to attain and
maintain the NAAQS and are approvable into the Tennessee SIP pursuant
to section 110 of the CAA. The changes included in each of the four SIP
submittals will be discussed below, organized by subject matter. In
some cases, one rule, such as the open burning rule, may be affected by
more than one of the SIP submittals. As a result, the changes discussed
below are organized by rule and not SIP submittal.

I. KCAQR Section 16.0--``Open Burning''

All four of the SIP submittals included changes to KCAQR Section
16.0, ``Open Burning.'' Each change is discussed below beginning with
the March 16, 2000, submittal.
The March 16, 2000, SIP submittal included changes to KCAQR Section
16.4.B, which allows open fires to be set for the training and
instruction of public or private fire-fighting personnel. Section
16.4.B was changed to include conditions under which the use of open
burning for fire-fighting training must be conducted. These conditions
include requirements that the substances to be burned must be free of
asbestos and asphalt shingles; the burning is for training purposes
only; and the burning will not cause a traffic hazard. As a point of
clarification, Section 16.4.B, which was numbered 16.3.B at the time of
the March 16, 2000, submittal, subsequently became Section 16.4.B as a
result of a renumbering of Section 16.0 which is discussed below as
part of one of the later SIP submittals.
The July 23, 2002, SIP submittal included changes to KCAQR Section
16.3--``Definitions,'' and Section 16.0--``Open Burning,'' including a
renumbering/reorganization of Section 16.0. The changes to the
definitions for Open Burning includes definitions for the terms ``air
curtain destructor,'' ``air pollution emergency episode,'' ``natural
disaster,'' ``open burning,'' ``person,'' ``registered sanitary
landfill,'' and ``wood waste.'' As a result of the renumbering/
reorganization of Section 16.0, that provision now contains the
following parts: Section 16.1--``Open Burning Prohibited,'' Section
16.2--``Definitions,'' Section 16.3--``Exceptions to Prohibition--
Without Permit,'' Section 16.4--``Exceptions to Prohibition--With
Permit,'' Section 16.5--``Open Burning Conditions--With Permit,'' and
Section 16.6, which includes general prohibitions. Section 16.6, which
lists materials not exempted by the Open Burning Rule, is one of the
new sections. Changes were also made to Section 16.4.C (old Section
16.3.C). They consisted of adding specific requirements under which
open burning is allowed when an air curtain destructor is used. The
requirements include necessary certifications, timing, substances to be
burned, and other restrictions.
The December 10, 2004, SIP submittal included changes to KCAQR
Section 16.5.B prohibiting open burning on ``air pollution action
days.'' Specifically, ``air pollution action days'' are defined as days
on which the appropriate agency within Knox County has determined that
air pollution levels may potentially exceed a NAAQS. The December 10th
submittal also included a new provision, Section 16.7, which provided
that the use of air curtain destructors would be prohibited in the
County after January 1, 2005.
The January 31, 2006, SIP submittal included changes to KCAQR
Section 16.4.C and 16.4.D. On November 1, 2006, Knox County notified
EPA Region 4 of its decision to withdraw Section 16.4.D. from the
January 31, 2006, SIP revision. As a result, EPA reviewed the January
31, 2006, submittal as though it did not contain any changes regarding
Section 16.4.D. The changes to Section 16.4.C involved the deletion of
substance contained in that section, which regarded the use of air
curtain destructors, and reserving it for future use. This revision is
consistent with the prohibition on air curtain destructors included as
part of the December 10, 2004, SIP submittal (this is discussed briefly
above).
The March 16, 2000, SIP submittal also included minor changes to
KCAQR Section 13.0--``Definitions'' and Section 25.0--``Permits.'' The
proposed changes

[[Page 22]]

to Section 13.0 are not being addressed today and are not being
affected by today's direct final action. They will be addressed in a
subsequent action by EPA which will be published in the Federal
Register. With regard to KCAQR Section 25.0--``Permits,'' the changes
include the addition of a new section, Section 25.3.J (pertaining to
operating permits), which stipulates that any violation of an operating
permit is considered a violation of the permit at issue, as well as, a
violation of the Knox County air regulations. This change was made to
ensure consistency between the Knox County air permits program and the
corresponding State of Tennessee program.
The December 10, 2004, SIP submittal discussed above with regard to
the Open Burning Rule changes, also contained a proposal to adopt and
incorporate by reference the State of Tennessee's rules on Stage I
Vapor Recovery. These rules appear in the Tennessee Administrative Code
Chapter 1200-3-18-.24.B--``Gasoline Dispensing Facilities, Stage I and
Stage II Vapor Recovery.'' This provision now exists in Knox County air
regulations under Section 46.0--``Regulation of Organic Volatile
Compounds,'' as KCAQR Section 46.22--``Gasoline Dispensing Facilities,
Stage I Vapor Recovery.'' Knox County's changes were made to ensure
consistency with the State of Tennessee's Stage I and Stage II vapor
recovery programs, which are required in newly designated nonattainment
areas of the State.
All of the KCAQR changes described above, which span over four SIP
submittals, include changes to KCAQR that are part of Knox County's
strategy to attain and maintain air quality that is consistent with the
NAAQS. According to the TDEC, the changes are at least as stringent as
the Tennessee SIP, and the changes also appear to be at least as
stringent as the current Knox County portion of the SIP. As a result,
the above described changes are approvable pursuant to section 110 of
the Clean Air Act.

II. Final Action

EPA is approving revisions to the Knox County portion of the
Tennessee SIP, submitted by the State of Tennessee on March 16, 2000,
July 23, 2002, December 10, 2004, and January 31, 2006, pursuant to
section 110 of the Clean Air Act. The revisions include changes to
KCAQR Section 16.0--``Open Burning,'' Section 25.0--``Permits,'' and
Section 46.0--``Regulation of Volatile Organic Compounds.'' Although
the December 10, 2004, submittal also included changes to Section
13.0--``Definitions,'' EPA is not taking action on that revision today.
In addition, EPA is taking no action on changes included in the January
31, 2006, SIP revision regarding Section 16.4.D. of the open burning
rule, because they were subsequently withdrawn by Knox County.
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 revisions should
adverse comments be filed. This rule will be effective March 5, 2007
without further notice unless the Agency receives adverse comments by
February 2, 2007.
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 March 5, 2007 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.

III. 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 state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. As a result, this action does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. 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 CAA. 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 CAA. 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

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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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 5, 2007. 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, Carbon monoxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds.

Dated: December 20, 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 entries in Table 3 of the
Knox County portion of the Tennessee State Implementation Plan, for
``Section 16.0,'' ``Section 25.0,'' and ``Section 46.0'' to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *
(c) * * *

Table 3.--EPA Approved Knox County, Regulations
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State
State citation Title/subject effective EPA approval Explanation
date date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 16.0................. Open Burning............... 12/14/05 01/03/07 [Insert
citation of
publication].

* * * * * * *
Section 25.0................. Permits.................... 03/08/00 01/03/07 [Insert
citation of
publication].

* * * * * * *
Section 46.0................. Regulation of Volatile 10/8/04 01/03/07 [Insert
Organic Compounds. citation of
publication].

* * * * * * *
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[FR Doc. E6-22475 Filed 12-29-06; 8:45 am]
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Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions To the Knox County Portion of the Tennessee State Implementation Plan

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