Approval and Promulgation of Air Quality Implementation Plans; Chattanooga, TN; Revised Format for Materials Being Incorporated by Reference, 50192-50195 [05-16932]
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50192
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
appeal to the Principal Officer’s
cognizant Assistant Administrator.
Recipients may appeal by submitting a
written request to reconsider the
Principal Officer’s waiver determination
to the cognizant Assistant
Administrator.
(k) Non-retroactivity. Marking
requirements apply to any obligation of
USAID funds for new awards as of
January 2, 2006. Marking requirements
also will apply to new obligations under
existing awards, such as incremental
funding actions, as of January 2, 2006,
when the total estimated cost of the
existing award has been increased by
USAID or the scope of work is changed
to accommodate any costs associated
with marking. In the event a waiver is
rescinded, the marking requirements
shall apply from the date forward that
the waiver is rescinded. In the event of
the rescinding of a waiver after the date
of completion as defined in 22 CFR
226.2 but before closeout as defined in
22 CFR 226.2., the USAID mission or
operating unit with initial responsibility
to administer the marking requirements
shall make a cost benefit analysis as to
requiring USAID marking requirements
after the date of completion of the
affected programs, projects, activities,
public communications or commodities.
(l) The USAID Identity, USAID
Partner Co-Branding Guide, and other
guidance will be provided at no cost or
fee to recipients of USAID grants,
cooperative agreements or other
assistance awards or subawards.
Additional costs associated with
marking requirements will be met by
USAID if reasonable, allowable, and
allocable under the cost principles of
OMB Cost Circular A–122. The standard
cost reimbursement provisions of the
grant, cooperative agreement, other
assistance award or subaward should be
followed when applying for
reimbursement of additional marking
costs.
(m) This section shall become
effective on January 2, 2006.
Dated: August 17, 2005.
Frederick W. Schieck,
Deputy USAID Administrator.
[FR Doc. 05–16698 Filed 8–23–05; 1:48 pm]
BILLING CODE 6116–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[TN–200524–FRL–7952–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Chattanooga, TN; Revised Format for
Materials Being Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; Notice of
administrative change.
AGENCY:
SUMMARY: EPA is revising the format of
part 52 of Title 40 of the Code of Federal
Regulations (40 CFR part 52) for
materials submitted by Chattanooga,
Tennessee that are incorporated by
reference (IBR) into the State
Implementation Plan (SIP). The
regulations affected by this format
change have all been previously
submitted by the local agency and
approved by EPA.
This format revision will affect the
‘‘Identification of Plan’’ sections of 40
CFR part 52, by adding a table for the
Chattanooga portion of the Tennessee
SIP. This revision will also affect the
format of the SIP materials that will be
available for public inspection at the
Office of the Federal Register (OFR), the
Air and Radiation Docket and
Information Center, and the Regional
Office.
DATES: This action is effective August
26, 2005.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, GA 30303; the
EPA, Air and Radiation Docket and
Information Center, Air Docket (Mail
Code 6102T), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
and the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Ms.
Stacy DiFrank at the above Region 4
address or at (404) 562–9042.
SUPPLEMENTARY INFORMATION: Each state
has a SIP containing the control
measures and strategies used to attain
and maintain the national ambient air
quality standards (NAAQS). The SIP is
extensive, containing such elements as
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air pollution control regulations,
emission inventories, monitoring
networks, attainment demonstrations,
and enforcement mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the SIP to EPA. Once these
control measures and strategies are
approved by EPA, after notice and
comment, they are incorporated into the
federally approved SIP and are
identified in part 52 ‘‘Approval and
Promulgation of Implementation Plans.’’
The full text of the state regulation
approved by EPA is not reproduced in
its entirety in 40 CFR part 52, but is
‘‘incorporated by reference.’’ This
means that EPA has approved a given
state regulation with a specific effective
date. The public is referred to the
location of the full text version should
they want to know which measures are
contained in a given SIP. The
information provided allows EPA and
the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
SIP revisions containing new and/or
revised regulations as being part of the
SIP. On May 22, 1997, (62 FR 27968),
EPA revised the procedures for
incorporating by reference (IBR), into
the Code of Federal Regulations,
materials submitted by states in their
EPA-approved SIP revisions. These
changes revised the format for the
identification of the SIP in 40 CFR part
52, streamlined the mechanisms for
announcing EPA approval of revisions
to a SIP, and streamlined the
mechanisms for EPA’s updating of the
IBR information contained for each SIP
in 40 CFR part 52. Pursuant to these
revised procedures, EPA is revising the
format for identification of the
Chattanooga portion of the Tennessee
SIP, appearing in 40 CFR part 52. EPA
has previously revised the format for the
identification of the Tennessee SIP and
the Memphis-Shelby County and Knox
County portions of the SIP.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation, and APA section
553(d)(3) which allows an agency to
make an action effective immediately
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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s administrative action
simply codifies provisions which are
already in effect as a matter of law in
Federal and approved state programs.
Under section 553 of the APA, an
agency may find good cause where
procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment for this
administrative action is ‘‘unnecessary’’
and ‘‘contrary to the public interest’’
since the codification only reflects
existing law. Immediate notice of this
action in the Federal Register benefits
the public by providing the public
notice of the Chattanooga portion of the
Tennessee SIP in Tennessee’s
‘‘Identification of Plan’’ portion of 40
CFR part 52.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this
administrative action is not a
‘‘significant regulatory action’’ and is
therefore not subject to review by the
Office of Management and Budget. This
action is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the Agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the APA or any
other statute as indicated in the
SUPPLEMENTARY INFORMATION section
above, it is not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.,) or
to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4). In addition, this action
does not significantly or uniquely affect
small governments or impose a
significant intergovernmental mandate,
as described in sections 203 and 204 of
UMRA. This administrative action also
does 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 (65
FR 67249, November 9, 2000), nor will
it 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
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50193
Executive Order 13132 (64 FR 43255,
August 10, 1999). This administrative
action also is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant. This administrative action
does not involve technical standards;
thus the requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply. This administrative
action also does not involve special
consideration of environmental justice
related issues as required by Executive
Order 12898 (59 FR 7629, February 16,
1994). This administrative action does
not impose an information collection
burden under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
EPA’s compliance with these Statutes
and Executive Orders for the underlying
rules are discussed in previous actions
taken on Chattanooga, Tennessee’s
rules.
have previously undergone notice-andcomment rulemaking. Prior EPA
rulemaking actions for each individual
component of the Chattanooga portion
of the Tennessee SIP previously
afforded interested parties the
opportunity to file a petition for judicial
review in the United States Court of
Appeals for the appropriate circuit
within 60 days of such rulemaking
action.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act (CRA)
(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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. Today’s administrative action
simply codifies provisions which are
already in effect as a matter of law in
Federal and approved State programs. 5
U.S.C. 808(2). These announced actions
were effective when EPA approved
them through previous rulemaking
actions. 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 this action
in the Federal Register. This revision to
Chattanooga’s portion of the Tennessee
SIP in the ‘‘Identification of Plan’’
section of 40 CFR part 52 is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
■
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act pertaining to petitions for
judicial review are not applicable to this
action. This action is simply an
announcement of prior rulemakings that
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 4, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
40 CFR part 52 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—Chattanooga, Tennessee
2. Section 52.2220 is amended as
follows:
■ a. By revising paragraph (b); and
■ b. adding table 4 in paragraph (c) for
Chattanooga, ‘‘EPA Approved
Chattanooga Regulations’’.
■
§ 52.2220
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference.
(1) Material listed in paragraph (c) of
this section with an EPA approval date
prior to December 1, 1998, for
Tennessee (Table 1 of the Tennessee
State Implementation Plan), January 1,
2003 for Memphis Shelby County (Table
2 of the Memphis Shelby County
portion of the Tennessee State
Implementation Plan), March 1, 2005,
for Knox County (Table 3 of the Knox
County portion of the Tennessee State
Implementation Plan), and April 1,
2005, for Chattanooga (Table 4 of the
Chattanooga portion of the Tennessee
State Implementation Plan) and
paragraph (d) of this section with an
EPA approval date prior to December 1,
1998 was approved for incorporation by
reference by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of
the approval, and notice of any change
in the material will be published in the
Federal Register. Entries in paragraph
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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
(c) of this section with EPA approval
dates after December 1, 1998, for
Tennessee (Table 1 of the Tennessee
State Implementation Plan), January 1,
2003, for Memphis Shelby County
(Table 2 of the Memphis Shelby County
portion of the Tennessee State
Implementation Plan), March 1, 2005,
for Knox County (Table 3 of the Knox
County portion of the Tennessee State
Implementation Plan), and April 1,
2005, for Chattanooga (Table 4 of the
Chattanooga portion of the Tennessee
State Implementation Plan) and
paragraph (d) of this section with an
EPA approval date of after December 1,
1998 will be incorporated by reference
in the next update to the SIP
compilation.
(2) EPA Region 4 certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State implementation plan as of the
dates referenced in paragraph (b)(1).
(3) Copies of the materials
incorporated by reference may be
inspected at the Region 4 EPA Office at
61 Forsyth Street, SW., Atlanta, GA
30303; the EPA, Air and Radiation
Docket and Information Center, Air
Docket (Mail Code 6102T), 1200
Pennsylvania Avenue, NW.,
Washington, DC. 20460 and the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) * * *
TABLE 4.—EPA APPROVED CHATTANOOGA REGULATIONS
State section
Adoption
date
Title/subject
EPA approval date
Article I. In General
Section 4–1 .......................
Section 4–2 .......................
Section 4–3 .......................
Section 4–4 .......................
Section 4–5 .......................
Section 4–6 .......................
Section 4–7 .......................
Section 4–8 .......................
Section
Section
Section
Section
4–9 .......................
4–10 .....................
4–11 .....................
4–12 .....................
Section 4–13 .....................
Section 4–14 .....................
Section 4–15 .....................
Section 4–16 .....................
Section 4–17 .....................
Section
Section
Section
Section
Section
4–18
4–19
4–20
4–21
4–22
.....................
.....................
.....................
.....................
.....................
Declaration of Policy and Purposes: Title ....................
Definitions .....................................................................
Regulations cumulative; compliance with one provision no defense to noncompliance with another;
use of alternative methods.
Penalties for violation of chapter, permit or order ........
Limitations of chapter ...................................................
Air pollution control board; bureau of air pollution control; persons required to comply with chapter.
Powers and duties of the board; delegation ................
Installation permit, temporary operating permit, certification of operation and solid fuel permit.
Technical reports; charges ...........................................
Records ........................................................................
General Requirements .................................................
Limits on emissions due to equipment malfunction,
start-up or shutdown.
Certificate of alternate control ......................................
Court determination of invalidity of having two sets of
limitations for process or fuel burning equipment;
effect.
Right to file abatement suits .........................................
Right of entry of city employees; search warrants .......
Enforcement of chapter; procedure for adjudicatory
hearings.
Hearings and judicial review ........................................
Confidentiality of certain records ..................................
Emergencies .................................................................
Variances ......................................................................
Reserved.
07/20/89
08/16/95
08/16/95
05/08/90, 55 FR 19066.
02/18/97, 62 FR 7163.
02/18/97, 62 FR 7163.
08/16/95
07/20/89
08/16/95
02/18/97, 62 FR 7163.
05/08/90, 55 FR 19066.
02/18/97, 62 FR 7163.
07/20/89
08/16/95
05/08/90, 55 FR 19066.
02/18/97, 62 FR 7163.
07/20/89
07/20/89
07/20/89
08/16/95
05/08/90,
05/08/90,
05/08/90,
02/18/97,
12/11/95
07/20/89
08/12/97, 62 FR 43109.
05/08/90, 55 FR 19066.
07/20/89
08/16/95
08/16/95
05/08/90, 55 FR 19066.
02/18/97, 62 FR 7163.
02/18/97, 62 FR 7163.
08/16/95
08/16/95
07/20/89
07/20/89
02/18/97,
02/18/97,
05/08/90,
05/08/90,
55
55
55
62
FR
FR
FR
FR
19066.
19066.
19066.
7163.
62
62
55
55
FR
FR
FR
FR
7163.
7163.
19066.
19066.
Article II. Section 4–41 Rules, Regulations, Criteria, Standards
Section
Section
Section
Section
4–41
4–41
4–41
4–41
Rule
Rule
Rule
Rule
1
2
3
4
.........
.........
.........
.........
Section
Section
Section
Section
Section
4–41
4–41
4–41
4–41
4–41
Rule
Rule
Rule
Rule
Rule
5
6
7
8
9
.........
.........
.........
.........
.........
Section 4–41 Rule 10 .......
Section 4–41 Rule 11 .......
Section 4–41 Rule 12 .......
Section 4–41 Rule 13 .......
Section 4–41 Rule 14 .......
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Rules adopted ..............................................................
Regulation of Nitrogen Oxides .....................................
Visible Emission Regulations .......................................
Regulation of the Importation, Sales, Transportation,
Use or Consumption of Certain Fuels.
Prohibition of Hand-Fired Fuel Burning Equipment .....
Prohibition of Open Burning .........................................
Incinerator Regulation ..................................................
Fuel Burning Equipment Regulations ...........................
Regulation of Visible Emissions from Internal Combustion Engines.
Process Emission Regulations .....................................
Regulation of Transporting and Material Handling in
Open Air.
Regulation of Odors in the Ambient Air .......................
Regulation of Sulfur Oxides .........................................
Nuisances .....................................................................
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07/20/89
08/15/95
08/15/95
07/20/89
05/08/90,
08/12/97,
08/12/97,
05/08/90,
55
62
62
55
FR
FR
FR
FR
19066.
43109.
43109.
19066.
07/20/89
07/20/89
07/20/89
08/15/95
08/15/95
05/08/90,
05/08/90,
05/08/90,
08/12/97,
08/12/97,
55
55
55
62
62
FR
FR
FR
FR
FR
19066.
19066.
19066.
43109.
43109.
07/20/89
07/20/89
05/08/90, 55 FR 19066.
05/08/90, 55 FR 19066.
07/20/89
08/15/95
07/20/89
05/08/90, 55 FR 19066.
08/12/97, 62 FR 43109.
05/08/90, 55 FR 19066.
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Explanation
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
50195
TABLE 4.—EPA APPROVED CHATTANOOGA REGULATIONS—Continued
Adoption
date
State section
Title/subject
Section 4–41 Rule 16 .......
Emission Standards for Source Categories of Area
Sources.
General Provisions and Applicability for Process Gaseous Emissions Standards.
Prevention of Significant Air Quality Deterioration .......
Proposed Infectious Waste Rule ..................................
Ambient Air Quality Standards .....................................
(Reserved).
General Provisions and Applicability for Process Gaseous Emissions Standards.
(Reserved).
General Provisions and Applicability for Volatile Organic Compounds.
Reasonably Available Control Technology (RACT) .....
Particulate Matter Controls for New Sources and New
Modifications after August 12, 1997.
Section 4–41 Rule 17 .......
Section
Section
Section
Section
Section
4–41
4–41
4–41
4–41
4–41
Rule
Rule
Rule
Rule
Rule
18
20
21
22
23
.......
.......
.......
.......
.......
Section 4–41 Rule 24 .......
Section 4–41 Rule 25 .......
Section 4–41 Rule 26 .......
Section 4–41 Rule 27 .......
*
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[FR Doc. 05–16932 Filed 8–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2005–SC–0001, R04–OAR–2005–
GA–0001–200516; FRL–7957–1]
Approval and Promulgation of Air
Quality Implementation Plans; South
Carolina and Georgia; Attainment
Demonstration for the Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and
Upper Savannah Early Action Compact
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the South Carolina and
Georgia State Implementation Plans
(SIPs), submitted by the South Carolina
Department of Health and
Environmental Control (SC DHEC) and
the Georgia Environmental Protection
Division (EPD), respectively, for the
Early Action Compact (EAC) areas in
South Carolina and Georgia. The
proposed SIP revisions were submitted
on December 29, 2004, by South
Carolina and December 31, 2004, by
Georgia. There are ten EAC areas in
South Carolina and Georgia covered by
this final action: the Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and Upper
Savannah EAC Areas. Only the Lower
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08/15/95
07/20/89
05/08/90, 55 FR 19066.
08/15/95
08/15/95
08/15/95
08/12/97, 62 FR 43109.
08/12/97, 62 FR 43109.
08/12/97, 62 FR 43109.
07/20/89
05/08/90, 55 FR 19066.
08/15/95
08/12/97, 62 FR 43109.
08/15/95
08/15/95
08/12/97, 62 FR 43109.
08/12/97, 62 FR 43109.
This rule will be effective
September 26, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID No. R04–
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Explanation
08/12/97, 62 FR 43109.
Savannah EAC Area has counties in
both South Carolina and Georgia. For
the purposes of this document,
however, all of the above listed EAC
areas will be collectively referred to as
the ‘‘South Carolina and Georgia EAC
Areas.’’ The SIP revisions meet the
requirements for the South Carolina and
Georgia EAC Areas to attain and
maintain the 8-hour ozone national
ambient air quality standard (the 8-hour
ozone standard) as described in the EAC
Protocol and related regulations. EPA is
also now approving the photochemical
modeling used by South Carolina and
Georgia to support the attainment and
maintenance demonstrations of the 8hour ozone standard in the South
Carolina and Georgia EAC Areas. The
revisions being approved today further
incorporate regulatory control measures
into the South Carolina SIP, including
two Statewide regulations pertaining to
control of nitrogen oxide (NOX)
emissions and open burning. In
addition, this final action also corrects
inadvertent errors in the May 26, 2005,
proposal document relating to these SIP
revisions (70 FR 30396).
In today’s final action, EPA is not
finalizing its proposed rulemaking to
defer the effective date of the
nonattainment designations for EAC
areas. In a separate action, published on
June 8, 2005, EPA proposed to defer the
effective date of the nonattainment
deferred designation for EAC areas until
December 31, 2006 (69 FR 23858). EPA
final action on the deferral is expected
to be published before September 30,
2005.
DATES:
EPA approval date
OAR–2005–SC–0001 and R04–OAR–
2005–GA–0001. The EAC Protocol can
be found in RME ID No. R04–OAR–
2005–SC–0001 or R04–OAR–2005–GA–
0001. The protocol can also be found at
https://www.epa.gov/air/eac/. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select
‘‘quick search,’’ then key in the
appropriate RME Docket identification
number. Although listed in the index,
some information is not publicly
available, i.e., confidential business
information (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 RME 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:
Nacosta C. Ward, 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) 562–9140.
Ms. Ward can also be reached via
E:\FR\FM\26AUR1.SGM
26AUR1
Agencies
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50192-50195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16932]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-200524-FRL-7952-3]
Approval and Promulgation of Air Quality Implementation Plans;
Chattanooga, TN; Revised Format for Materials Being Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Notice of administrative change.
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SUMMARY: EPA is revising the format of part 52 of Title 40 of the Code
of Federal Regulations (40 CFR part 52) for materials submitted by
Chattanooga, Tennessee that are incorporated by reference (IBR) into
the State Implementation Plan (SIP). The regulations affected by this
format change have all been previously submitted by the local agency
and approved by EPA.
This format revision will affect the ``Identification of Plan''
sections of 40 CFR part 52, by adding a table for the Chattanooga
portion of the Tennessee SIP. This revision will also affect the format
of the SIP materials that will be available for public inspection at
the Office of the Federal Register (OFR), the Air and Radiation Docket
and Information Center, and the Regional Office.
DATES: This action is effective August 26, 2005.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, and the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Ms. Stacy DiFrank at the above Region
4 address or at (404) 562-9042.
SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control
measures and strategies used to attain and maintain the national
ambient air quality standards (NAAQS). The SIP is extensive, containing
such elements as air pollution control regulations, emission
inventories, monitoring networks, attainment demonstrations, and
enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the SIP to EPA. Once these control measures and
strategies are approved by EPA, after notice and comment, they are
incorporated into the federally approved SIP and are identified in part
52 ``Approval and Promulgation of Implementation Plans.'' The full text
of the state regulation approved by EPA is not reproduced in its
entirety in 40 CFR part 52, but is ``incorporated by reference.'' This
means that EPA has approved a given state regulation with a specific
effective date. The public is referred to the location of the full text
version should they want to know which measures are contained in a
given SIP. The information provided allows EPA and the public to
monitor the extent to which a state implements a SIP to attain and
maintain the NAAQS and to take enforcement action if necessary.
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations as being part of the SIP. On
May 22, 1997, (62 FR 27968), EPA revised the procedures for
incorporating by reference (IBR), into the Code of Federal Regulations,
materials submitted by states in their EPA-approved SIP revisions.
These changes revised the format for the identification of the SIP in
40 CFR part 52, streamlined the mechanisms for announcing EPA approval
of revisions to a SIP, and streamlined the mechanisms for EPA's
updating of the IBR information contained for each SIP in 40 CFR part
52. Pursuant to these revised procedures, EPA is revising the format
for identification of the Chattanooga portion of the Tennessee SIP,
appearing in 40 CFR part 52. EPA has previously revised the format for
the identification of the Tennessee SIP and the Memphis-Shelby County
and Knox County portions of the SIP.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation, and APA section
553(d)(3) which allows an agency to make an action effective
immediately
[[Page 50193]]
(thereby avoiding the 30-day delayed effective date otherwise provided
for in the APA). Today's administrative action simply codifies
provisions which are already in effect as a matter of law in Federal
and approved state programs. Under section 553 of the APA, an agency
may find good cause where procedures are ``impractical, unnecessary, or
contrary to the public interest.'' Public comment for this
administrative action is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice of this action in the Federal Register benefits the public by
providing the public notice of the Chattanooga portion of the Tennessee
SIP in Tennessee's ``Identification of Plan'' portion of 40 CFR part
52.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
administrative action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. Because the
Agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the APA or any other
statute as indicated in the SUPPLEMENTARY INFORMATION section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.,) or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This
administrative action also does 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 (65 FR 67249, November 9, 2000), nor
will it 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 administrative action also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This administrative action does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. This administrative action also does not involve
special consideration of environmental justice related issues as
required by Executive Order 12898 (59 FR 7629, February 16, 1994). This
administrative action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
EPA's compliance with these Statutes and Executive Orders for the
underlying rules are discussed in previous actions taken on
Chattanooga, Tennessee's rules.
B. Submission to Congress and the Comptroller General
The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. 5
U.S.C. 808(2). These announced actions were effective when EPA approved
them through previous rulemaking actions. 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 this action in the Federal
Register. This revision to Chattanooga's portion of the Tennessee SIP
in the ``Identification of Plan'' section of 40 CFR part 52 is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. This action is simply an announcement of
prior rulemakings that have previously undergone notice-and-comment
rulemaking. Prior EPA rulemaking actions for each individual component
of the Chattanooga portion of the Tennessee SIP previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 4, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Chattanooga, Tennessee
0
2. Section 52.2220 is amended as follows:
0
a. By revising paragraph (b); and
0
b. adding table 4 in paragraph (c) for Chattanooga, ``EPA Approved
Chattanooga Regulations''.
Sec. 52.2220 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed in paragraph (c) of this section with an EPA
approval date prior to December 1, 1998, for Tennessee (Table 1 of the
Tennessee State Implementation Plan), January 1, 2003 for Memphis
Shelby County (Table 2 of the Memphis Shelby County portion of the
Tennessee State Implementation Plan), March 1, 2005, for Knox County
(Table 3 of the Knox County portion of the Tennessee State
Implementation Plan), and April 1, 2005, for Chattanooga (Table 4 of
the Chattanooga portion of the Tennessee State Implementation Plan) and
paragraph (d) of this section with an EPA approval date prior to
December 1, 1998 was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraph
[[Page 50194]]
(c) of this section with EPA approval dates after December 1, 1998, for
Tennessee (Table 1 of the Tennessee State Implementation Plan), January
1, 2003, for Memphis Shelby County (Table 2 of the Memphis Shelby
County portion of the Tennessee State Implementation Plan), March 1,
2005, for Knox County (Table 3 of the Knox County portion of the
Tennessee State Implementation Plan), and April 1, 2005, for
Chattanooga (Table 4 of the Chattanooga portion of the Tennessee State
Implementation Plan) and paragraph (d) of this section with an EPA
approval date of after December 1, 1998 will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW.,
Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information
Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW.,
Washington, DC. 20460 and the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
(c) * * *
Table 4.--EPA Approved Chattanooga Regulations
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Adoption
State section Title/subject date EPA approval date Explanation
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Article I. In General
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Section 4-1....................... Declaration of Policy and 07/20/89 05/08/90, 55 FR
Purposes: Title. 19066.
Section 4-2....................... Definitions............... 08/16/95 02/18/97, 62 FR 7163
Section 4-3....................... Regulations cumulative; 08/16/95 02/18/97, 62 FR 7163
compliance with one
provision no defense to
noncompliance with
another; use of
alternative methods.
Section 4-4....................... Penalties for violation of 08/16/95 02/18/97, 62 FR 7163
chapter, permit or order.
Section 4-5....................... Limitations of chapter.... 07/20/89 05/08/90, 55 FR
19066.
Section 4-6....................... Air pollution control 08/16/95 02/18/97, 62 FR 7163
board; bureau of air
pollution control;
persons required to
comply with chapter.
Section 4-7....................... Powers and duties of the 07/20/89 05/08/90, 55 FR
board; delegation. 19066.
Section 4-8....................... Installation permit, 08/16/95 02/18/97, 62 FR 7163
temporary operating
permit, certification of
operation and solid fuel
permit.
Section 4-9....................... Technical reports; charges 07/20/89 05/08/90, 55 FR
19066.
Section 4-10...................... Records................... 07/20/89 05/08/90, 55 FR
19066.
Section 4-11...................... General Requirements...... 07/20/89 05/08/90, 55 FR
19066.
Section 4-12...................... Limits on emissions due to 08/16/95 02/18/97, 62 FR 7163
equipment malfunction,
start-up or shutdown.
Section 4-13...................... Certificate of alternate 12/11/95 08/12/97, 62 FR
control. 43109.
Section 4-14...................... Court determination of 07/20/89 05/08/90, 55 FR
invalidity of having two 19066.
sets of limitations for
process or fuel burning
equipment; effect.
Section 4-15...................... Right to file abatement 07/20/89 05/08/90, 55 FR
suits. 19066.
Section 4-16...................... Right of entry of city 08/16/95 02/18/97, 62 FR 7163
employees; search
warrants.
Section 4-17...................... Enforcement of chapter; 08/16/95 02/18/97, 62 FR 7163
procedure for
adjudicatory hearings.
Section 4-18...................... Hearings and judicial 08/16/95 02/18/97, 62 FR 7163
review.
Section 4-19...................... Confidentiality of certain 08/16/95 02/18/97, 62 FR 7163
records.
Section 4-20...................... Emergencies............... 07/20/89 05/08/90, 55 FR
19066.
Section 4-21...................... Variances................. 07/20/89 05/08/90, 55 FR
19066.
Section 4-22...................... Reserved.
-----------------------------------
Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------
Section 4-41 Rule 1............... Rules adopted............. 07/20/89 05/08/90, 55 FR
19066.
Section 4-41 Rule 2............... Regulation of Nitrogen 08/15/95 08/12/97, 62 FR
Oxides. 43109.
Section 4-41 Rule 3............... Visible Emission 08/15/95 08/12/97, 62 FR
Regulations. 43109.
Section 4-41 Rule 4............... Regulation of the 07/20/89 05/08/90, 55 FR
Importation, Sales, 19066.
Transportation, Use or
Consumption of Certain
Fuels.
Section 4-41 Rule 5............... Prohibition of Hand-Fired 07/20/89 05/08/90, 55 FR
Fuel Burning Equipment. 19066.
Section 4-41 Rule 6............... Prohibition of Open 07/20/89 05/08/90, 55 FR
Burning. 19066.
Section 4-41 Rule 7............... Incinerator Regulation.... 07/20/89 05/08/90, 55 FR
19066.
Section 4-41 Rule 8............... Fuel Burning Equipment 08/15/95 08/12/97, 62 FR
Regulations. 43109.
Section 4-41 Rule 9............... Regulation of Visible 08/15/95 08/12/97, 62 FR
Emissions from Internal 43109.
Combustion Engines.
Section 4-41 Rule 10.............. Process Emission 07/20/89 05/08/90, 55 FR
Regulations. 19066.
Section 4-41 Rule 11.............. Regulation of Transporting 07/20/89 05/08/90, 55 FR
and Material Handling in 19066.
Open Air.
Section 4-41 Rule 12.............. Regulation of Odors in the 07/20/89 05/08/90, 55 FR
Ambient Air. 19066.
Section 4-41 Rule 13.............. Regulation of Sulfur 08/15/95 08/12/97, 62 FR
Oxides. 43109.
Section 4-41 Rule 14.............. Nuisances................. 07/20/89 05/08/90, 55 FR
19066.
[[Page 50195]]
Section 4-41 Rule 16.............. Emission Standards for 08/15/95 08/12/97, 62 FR
Source Categories of Area 43109.
Sources.
Section 4-41 Rule 17.............. General Provisions and 07/20/89 05/08/90, 55 FR
Applicability for Process 19066.
Gaseous Emissions
Standards.
Section 4-41 Rule 18.............. Prevention of Significant 08/15/95 08/12/97, 62 FR
Air Quality Deterioration. 43109.
Section 4-41 Rule 20.............. Proposed Infectious Waste 08/15/95 08/12/97, 62 FR
Rule. 43109.
Section 4-41 Rule 21.............. Ambient Air Quality 08/15/95 08/12/97, 62 FR
Standards. 43109.
Section 4-41 Rule 22.............. (Reserved)................
Section 4-41 Rule 23.............. General Provisions and 07/20/89 05/08/90, 55 FR
Applicability for Process 19066.
Gaseous Emissions
Standards.
Section 4-41 Rule 24.............. (Reserved)................
Section 4-41 Rule 25.............. General Provisions and 08/15/95 08/12/97, 62 FR
Applicability for 43109.
Volatile Organic
Compounds.
Section 4-41 Rule 26.............. Reasonably Available 08/15/95 08/12/97, 62 FR
Control Technology (RACT). 43109.
Section 4-41 Rule 27.............. Particulate Matter 08/15/95 08/12/97, 62 FR
Controls for New Sources 43109.
and New Modifications
after August 12, 1997.
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* * * * *
[FR Doc. 05-16932 Filed 8-25-05; 8:45 am]
BILLING CODE 6560-50-P