[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Rules and Regulations]
[Pages 1068-1070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-268]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-195-9947(a), TN-188-9959(a); FRL-6519-4]
Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Revision to Rule Governing Monitoring of Source Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On February 24, 1997, and May 8, 1997, the Tennessee
Department of Environment and Conservation submitted revisions to the
Tennessee State Implementation Plan (SIP). These revisions consisted of
amendments to Rules 1200-3-12-.04 Monitoring Required for Determining
Compliance of Certain Large Sources and 1200-3-10-.02 Monitoring of
Source Emissions, Recording and Reporting of the Same are Required.
Tennessee submitted these revisions to clarify the reporting
requirements. EPA is approving the aforementioned changes to the SIP
because they are consistent with the Clean Air Act and EPA
requirements.
DATES: This direct final rule is effective on March 7, 2000 without
further notice, unless EPA receives adverse comment by February 7,
2000. 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: All comments should be addressed to: Randy Terry at the EPA,
Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia
30303.
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 Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303.
Office of the Federal Register, 800 North Capitol Street, NW, Suite
700, Washington, DC.
Tennessee Department of Environment and Conservation, 9th Floor L &
C Annex, 401 Church St, Nashville, TN 37243-1531.
FOR FURTHER INFORMATION CONTACT: Randy Terry at the above Region 4
address or at 404-562-9032.
SUPPLEMENTARY INFORMATION: On February 24, 1997, the Tennessee
Department of Environment and Conservation submitted a revision to
paragraph (1) of rule 1200-3-12-.04. This revision was made to change
an incorrect reference to a subparagraph (e) to the correct reference
of subparagraph (d).
On May 8, 1997, the Tennessee Department of Environment and
Conservation submitted revisions to Subpart (i) of part 1. of
Subparagraph (c) of paragraph (2) of Rule 1200-3-10-.02 of the
Tennessee SIP. These revisions delete the word ``or'' and add the
language ``in excess of the applicable emission standard or all'' to
the first sentence between the words ``averages'' and the number ``24''
so that as amended, the subpart shall read:
1. (i) The source owner or operator shall report all 3-hour
averages in excess of the applicable emission standard or all 24-hour
averages in units of the applicable emission standard. The 3-hour and
24-hour values shall be computed by taking the average of three
contiguous or 24 contiguous one-hour values of sulfur dioxide
emissions. The one-hour average values may be obtained by integration
over the one-hour period or be computed from four or more data points
equally spaced over each one-hour period. Data recorded during periods
of monitoring system breakdowns, repairs, calibration checks, and zero
and span adjustments shall not be included on the data averages.
Final Action
EPA is approving the aforementioned changes to the State
Implementation Plan (SIP) because they are consistent with the Clean
Air Act and EPA requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment 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
relevant adverse comments be filed. This rule will be effective March
7, 2000 without further notice unless the Agency receives relevant
adverse comments by February 7, 2000.
If the 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. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on this action should do so at this time. If
no such comments are received, the public is
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advised that this rule will be effective on March 7, 2000 and no
further action will be taken on the proposed rule.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Orders on Federalism
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local,
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation.
In addition, Executive Order 12875 requires EPA to develop an
effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of Executive Order 12875 do not apply to
this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612, (52 FR 41685 (October 30, 1987),) on federalism
still applies. This rule will not have a substantial direct effect on
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 12612.
The rule affects only one State, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, Executive Order 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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
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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 rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
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 March 7, 2000. 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: October 18, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
2. The entries for sections 1200-3-10-.02 and 1200-3-12-.04 in the
table in Sec. 52.2220 (c) are revised to read as follows:
Sec. 52.2220 Identification of plan.
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(c) EPA approved regulations.
EPA Approved Tennessee Regulations
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EPA
State citation Title/subject Adoption approval Federal Register
date date notice
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* * * * * *
*
Section 1200-3-10-.02.............. Monitoring of Source 02/14/96 01/07/00 [65 FR 1070]
Emissions, Recording,
Reporting of the Same are
Required.
* * * * * *
*
Section 1200-3-12-.04.............. Monitoring Required for 12/28/96 01/07/00 [65 FR 1070].
Determining Compliance of
Certain Large Sources.
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[FR Doc. 00-268 Filed 1-6-00; 8:45 am]
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