Approval and Promulgation of Implementation Plans Tennessee; Approval of Revisions to the Tennessee SIP and the Nashville/Davidson County Portion of the Tennessee SIP; Prevention of Significant Deterioration and Nonattainment New Source Review, 52472-52475 [E7-17975]
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations
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Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for October 2007, as set forth
below, is added to the table.
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4. The authority citation for part 4044
continues to read as follows:
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October 2007 ........................................................................................................
Issued in Washington, DC, on this 11th day
of September 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E7–18156 Filed 9–13–07; 8:45 am]
BILLING CODE 7709–01–P
for t =
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.0551
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0042–200726, FRL–
8466–5]
Approval and Promulgation of
Implementation Plans Tennessee;
Approval of Revisions to the
Tennessee SIP and the Nashville/
Davidson County Portion of the
Tennessee SIP; Prevention of
Significant Deterioration and
Nonattainment New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Tennessee State
Implementation Plan (SIP) submitted by
the State of Tennessee on February 23,
2006, and amended on April 16, 2007;
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and revisions to the Nashville/Davidson
County portion of the Tennessee SIP
submitted by the State of Tennessee on
May 31, 2006. The SIP revisions modify
the Tennessee and Nashville/Davidson
County Prevention of Significant
Deterioration (PSD) and Nonattainment
New Source Review (NNSR) regulations
in the Tennessee SIP to address changes
to the federal new source review (NSR)
regulations, which were promulgated by
EPA on December 31, 2002, and
reconsidered with minor changes on
November 7, 2003 (commonly referred
to as the ‘‘2002 NSR Reform Rules’’).
EPA proposed approval of these
revisions on July 23, 2007; no comments
were received on that proposal. The
revisions include provisions for baseline
emissions calculations, an actual-toprojected-actual methodology for
calculating emissions changes, options
for plant-wide applicability limits, and
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations
recordkeeping and reporting
requirements.
DATES: Effective Date: This rule will be
effective October 15, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0042. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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 through https://
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 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Tennessee
State Implementation Plan, contact Mr.
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. The
telephone number is (404) 562–8965.
Mr. Hou can also be reached via
electronic mail at hou.james@epa.gov.
For information regarding New Source
Review, contact Ms. Yolanda Adams,
Air Permits Section, at the same address
above. The telephone number is (404)
562–9214. Ms. Adams can also be
reached via electronic mail at
adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
rmajette on PROD1PC64 with RULES
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve
revisions to the Tennessee SIP and the
Nashville/Davidson County portion of
the Tennessee SIP regarding the
Tennessee and Nashville NSR programs.
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On February 23, 2006, and May 31,
2006, the State of Tennessee, through
the Tennessee Department of
Environment and Conservation (TDEC),
submitted revisions to the Tennessee
SIP and the Nashville/Davidson County
portion of the Tennessee SIP. Nashville/
Davidson County is separately
authorized to implement and enforce
the NSR program in that region of
Tennessee. The February 23, 2006, SIP
submittal consists of changes to the
Tennessee Air Pollution Control
Regulations. Specifically, the proposed
SIP revisions include changes to TDEC
Rule .01 of chapter 1200–3–9 entitled,
‘‘Construction Permits.’’ The May 31,
2006, submittal consists of revisions to
the Nashville Pollution Control
Division’s Regulation 3 entitled, ‘‘New
Source Review.’’ TDEC submitted these
revisions in response to EPA’s
December 31, 2002, revisions to the
federal NSR program.
In a letter to EPA dated April 16,
2007, Tennessee requested to amend the
February 23, 2006, SIP submittal in light
of the decision issued by the U.S.
Circuit Court of Appeals for the District
of Columbia Circuit (D.C. Circuit Court)
on June 24, 2005. Notably, on June 13,
2007 (72 FR 32526), EPA took final
action to revise the 2002 NSR Reform
Rules to exclude the portions that were
vacated by the D.C. Circuit Court.
TDEC requested that the portion of
the Tennessee SIP revision related to the
EPA rules that were vacated by the D.C.
Circuit Court (specifically the clean unit
and pollution control project (PCP)
provisions) not be approved into the
SIP. The affected portions of the
February 23, 2006, submittal are as
follows: Sections (b)2.(i)(VIII),
(b)4.(iii)(III), (b)4.(vi)(IV), (b)35., (b)39.,
(c)4.(v), (c)6., (p), (q), and (r) of Rule
1200–3–9–.01(4); sections
(b)1.(v)(III)VIII, (b)1.(vi)(III)III,
(b)1.(vi)(V)V, (b)1.(xxxvii), (b)1.(xli),
(b)2.(v)(IX), (b)2.(v)(X), (b)2.(xvi),
(b)2.(xix), (b)7., (b)8., and (b)9. of Rule
1200–3–9–.01(5); and all references to
clean units and PCPs at sections (a)11.
and (c)4.(vi) of Rule 1200–3–9–.01(4).,
and sections (b)2.(xvii) and (b)5. of Rule
1200–3–9–.01(5). The May 31, 2006,
submittal which consists of revisions to
NPCD Regulation 3, did not include the
clean unit and PCP provisions.
On July 23, 2007 (72 FR 40105), EPA
published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to approve the
Tennessee SIP revisions. The July 23,
2007, NPR provides additional
information about the proposed
Tennessee SIP revisions and the
rationale for this final action. The public
comment period for the proposed action
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52473
ended on August 22, 2007. No
comments were received on EPA’s
proposed action. EPA is now taking
final action to approve the SIP revisions
submitted by TDEC on February 23,
2006, May 31, 2006, and April 16, 2007.
II. What Is the Background for This
Action?
On December 31, 2002 (67 FR 80186),
EPA published final rule changes to 40
Code of Federal Regulations (CFR) parts
51 and 52, regarding the CAA PSD and
NNSR programs. On November 7, 2003
(68 FR 63021), EPA published a notice
of final action on its reconsideration of
the 2002 rules. On June 13, 2007 (72 FR
32526), EPA took final action to revise
the 2002 NSR Reform Rules to exclude
the clean units and PCP provisions that
were vacated by the D.C. Circuit Court
on June 24, 2005. The purpose of this
action is to approve the SIP submittals
from the State of Tennessee,
incorporating rule changes consistent
with EPA’s 2002 NSR Reform Rules.
The June 24, 2005, D.C. Circuit Court
decision also involved a remand of the
recordkeeping provisions of the 2002
NSR Reform Rules. EPA continues to
move forward with its evaluation of the
portion of its NSR Reform Rules that
were remanded by the D.C. Circuit
Court. On March 8, 2007 (72 FR 10445),
EPA responded to the Court’s remand
regarding the recordkeeping provisions
by proposing two alternative options to
clarify what constitutes ‘‘reasonable
possibility’’ and when the ‘‘reasonable
possibility’’ recordkeeping requirements
apply. The ‘‘reasonable possibility’’
standard identifies for sources and
reviewing authorities the circumstances
under which a major stationary source
undergoing a modification that does not
trigger major NSR must keep records.
Tennessee’s SIP revisions are
approvable at this time because the
Tennessee and Nashville rules are
substantially the same as the current
federal rules. If EPA adopts
recordkeeping criteria that are more
stringent than the current Tennessee
and Nashville rules, the Tennessee and
Nashville rules may need to be revised
to be at least as stringent as the federal
requirement.
On February 23, 2006, May 31, 2006,
and April 16, 2007, the State of
Tennessee submitted SIP revisions
including changes to Tennessee’s and
Nashville’s NSR programs. The NSR
program changes were made primarily
to adopt EPA’s 2002 NSR Reform Rules.
On July 23, 2007 (72 FR 40105), EPA
published a NPR proposing to approve
revisions to Tennessee’s Rule .01 of
chapter 1200–3–9 entitled,
‘‘Construction Permits’’ and Nashville’s
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations
Regulation 3 entitled, ‘‘New Source
Review.’’ Tennessee’s revisions are
consistent with the federal NSR
regulations published December 31,
2002 (67 FR 80186) and November 7,
2003 (68 FR 63021). As is discussed in
greater detail in the NPR, EPA reviewed
the SIP revisions and determined that
they were at least as stringent as the
federal NSR program. As a result, the
SIP revisions are approvable pursuant to
the CAA.
The July 23, 2007, NPR and the
docket for this action provide more
details about the SIP revisions being
approved and the rationale for EPA’s
final action. For additional information
on EPA’s 2002 NSR Reform Rules, see
67 FR 80186 (December 31, 2002), and
https://www.epa.gov/nsr.
III. Final Action
EPA is taking final action to approve
changes to Tennessee’s Rule 1200–3–9–
.01 (Construction Permits) as submitted
by TDEC on February 23, 2006, and
amended on April 16, 2007, as revisions
to the Tennessee SIP. In addition, EPA
is taking final action to approve changes
made to the Nashville Regulation 3
(New Source Review) as submitted by
TDEC on May 31, 2006, as revisions to
the Nashville/Davidson County portion
of the Tennessee SIP.
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IV. 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
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Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This final 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 and local rules
implementing a Federal standard, and
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 approves a state rule
implementing a Federal Standard.
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
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
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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 November 13, 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,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 5, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220(c) Table 1 and Table 5
are amended as follows:
I a. In Table 1 under Chapter 1200–3–
9 by revising the entry for ‘‘Section
1200–3–9–.01’’,
I b. In Table 5 under Article II. by
revising the entries under Regulation
No. 3 for ‘‘Section 3–1’’, ‘‘Section 3–2’’
and ‘‘Section 3–3’’, and
I c. In Table 5 under Article II. by
adding in numerical order a new entry
under Regulation No. 3 for ‘‘Section 3–
4’’.
I
§ 52.2220
*
Identification of plan.
*
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(c) * * *
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations
TABLE 1.—EPA-APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
EPA approval date
*
*
Title/subject
*
*
*
Explanation
*
*
CHAPTER 1200–3–9 CONSTRUCTION AND OPERATING PERMITS
Section 1200–3–9–.01
Construction Permits ...................
*
*
*
02/14/06
09/14/07 [Insert citation of
publication].
*
*
*
*
TABLE 5.—EPA-APPROVED NASHVILLE-DAVIDSON COUNTY, REGULATIONS
State citation
State effective
date
EPA approval date
*
*
*
*
*
*
*
Title/subject
*
*
*
Explanation
Article II. Standards for Operation
*
*
Regulation No. 3
New Source Review
Section 3–1 ..................................
Definitions ....................................
03/14/06
Section 3–2 ..................................
New Source Review ....................
03/14/06
Section 3–3 ..................................
Prevention of Significant Deterioration (PSD) Review.
Plantwide Applicability Limits
(PAL).
03/14/06
Section 3–4 ..................................
*
*
*
*
*
*
[FR Doc. E7–17975 Filed 9–13–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 247
[EPA–HQ–RCRA–2003–0005; FRL–8468–3]
RIN 2050–AE23
Comprehensive Procurement
Guideline V for Procurement of
Products Containing Recovered
Materials
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is amending the
Comprehensive Procurement Guideline
(CPG) for recovered content products.
Specifically, EPA is revising the list of
items designated in the category of
landscaping products. First, EPA is
changing the description of ‘‘compost’’
by consolidating all compost
designations under one item
designation: ‘‘compost made from
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*
03/14/06
09/14/07 [Insert
publication].
09/14/07 [Insert
publication].
09/14/07 [Insert
publication].
09/14/07 [Insert
publication].
recovered organic materials.’’ At the
same time, the Agency is amending the
definition of compost. The effect of the
two changes will be to include compost
from biosolids and manure, and not
limit the designation to specific types of
organic materials. Second, EPA has
added ‘‘fertilizer made from recovered
materials’’ as a designated landscaping
item and added a definition for
‘‘fertilizer made from recovered organic
materials.’’ (In the notices section of this
Federal Register, EPA also is making
available the final Recovered Materials
Advisory Notice (RMAN) that contains
recommendations for purchasing these
designated items.)
The CPG implements section 6002 of
the Resource Conservation and
Recovery Act (RCRA) which requires
EPA to designate items that are or can
be made with recovered materials and to
recommend practices that procuring
agencies can use to procure designated
items. Once EPA designates an item,
any procuring agency that uses
appropriated federal funds to procure
that item must purchase the item
containing the highest percentage of
recovered materials practicable. This
action harnesses government purchasing
power to stimulate the use of recovered
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citation of
citation of
citation of
citation of
materials in the manufacture of
products, thereby fostering markets for
materials recovered from solid waste.
This final rule is effective on
September 15, 2008.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2003–0005. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 through
www.regulations.gov or in hard copy at
the OSWER Docket EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OSWER Docket is (202)
566–0270.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52472-52475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17975]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0042-200726, FRL-8466-5]
Approval and Promulgation of Implementation Plans Tennessee;
Approval of Revisions to the Tennessee SIP and the Nashville/Davidson
County Portion of the Tennessee SIP; Prevention of Significant
Deterioration and Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions to the
Tennessee State Implementation Plan (SIP) submitted by the State of
Tennessee on February 23, 2006, and amended on April 16, 2007; and
revisions to the Nashville/Davidson County portion of the Tennessee SIP
submitted by the State of Tennessee on May 31, 2006. The SIP revisions
modify the Tennessee and Nashville/Davidson County Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR) regulations in the Tennessee SIP to address changes to the
federal new source review (NSR) regulations, which were promulgated by
EPA on December 31, 2002, and reconsidered with minor changes on
November 7, 2003 (commonly referred to as the ``2002 NSR Reform
Rules''). EPA proposed approval of these revisions on July 23, 2007; no
comments were received on that proposal. The revisions include
provisions for baseline emissions calculations, an actual-to-projected-
actual methodology for calculating emissions changes, options for
plant-wide applicability limits, and
[[Page 52473]]
recordkeeping and reporting requirements.
DATES: Effective Date: This rule will be effective October 15, 2007.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2006-0042. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information 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 through https://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 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the
Tennessee State Implementation Plan, contact Mr. 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. The telephone number
is (404) 562-8965. Mr. Hou can also be reached via electronic mail at
hou.james@epa.gov. For information regarding New Source Review, contact
Ms. Yolanda Adams, Air Permits Section, at the same address above. The
telephone number is (404) 562-9214. Ms. Adams can also be reached via
electronic mail at adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve revisions to the Tennessee
SIP and the Nashville/Davidson County portion of the Tennessee SIP
regarding the Tennessee and Nashville NSR programs. On February 23,
2006, and May 31, 2006, the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), submitted revisions
to the Tennessee SIP and the Nashville/Davidson County portion of the
Tennessee SIP. Nashville/Davidson County is separately authorized to
implement and enforce the NSR program in that region of Tennessee. The
February 23, 2006, SIP submittal consists of changes to the Tennessee
Air Pollution Control Regulations. Specifically, the proposed SIP
revisions include changes to TDEC Rule .01 of chapter 1200-3-9
entitled, ``Construction Permits.'' The May 31, 2006, submittal
consists of revisions to the Nashville Pollution Control Division's
Regulation 3 entitled, ``New Source Review.'' TDEC submitted these
revisions in response to EPA's December 31, 2002, revisions to the
federal NSR program.
In a letter to EPA dated April 16, 2007, Tennessee requested to
amend the February 23, 2006, SIP submittal in light of the decision
issued by the U.S. Circuit Court of Appeals for the District of
Columbia Circuit (D.C. Circuit Court) on June 24, 2005. Notably, on
June 13, 2007 (72 FR 32526), EPA took final action to revise the 2002
NSR Reform Rules to exclude the portions that were vacated by the D.C.
Circuit Court.
TDEC requested that the portion of the Tennessee SIP revision
related to the EPA rules that were vacated by the D.C. Circuit Court
(specifically the clean unit and pollution control project (PCP)
provisions) not be approved into the SIP. The affected portions of the
February 23, 2006, submittal are as follows: Sections (b)2.(i)(VIII),
(b)4.(iii)(III), (b)4.(vi)(IV), (b)35., (b)39., (c)4.(v), (c)6., (p),
(q), and (r) of Rule 1200-3-9-.01(4); sections (b)1.(v)(III)VIII,
(b)1.(vi)(III)III, (b)1.(vi)(V)V, (b)1.(xxxvii), (b)1.(xli),
(b)2.(v)(IX), (b)2.(v)(X), (b)2.(xvi), (b)2.(xix), (b)7., (b)8., and
(b)9. of Rule 1200-3-9-.01(5); and all references to clean units and
PCPs at sections (a)11. and (c)4.(vi) of Rule 1200-3-9-.01(4)., and
sections (b)2.(xvii) and (b)5. of Rule 1200-3-9-.01(5). The May 31,
2006, submittal which consists of revisions to NPCD Regulation 3, did
not include the clean unit and PCP provisions.
On July 23, 2007 (72 FR 40105), EPA published a notice of proposed
rulemaking (NPR) in the Federal Register, proposing to approve the
Tennessee SIP revisions. The July 23, 2007, NPR provides additional
information about the proposed Tennessee SIP revisions and the
rationale for this final action. The public comment period for the
proposed action ended on August 22, 2007. No comments were received on
EPA's proposed action. EPA is now taking final action to approve the
SIP revisions submitted by TDEC on February 23, 2006, May 31, 2006, and
April 16, 2007.
II. What Is the Background for This Action?
On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52,
regarding the CAA PSD and NNSR programs. On November 7, 2003 (68 FR
63021), EPA published a notice of final action on its reconsideration
of the 2002 rules. On June 13, 2007 (72 FR 32526), EPA took final
action to revise the 2002 NSR Reform Rules to exclude the clean units
and PCP provisions that were vacated by the D.C. Circuit Court on June
24, 2005. The purpose of this action is to approve the SIP submittals
from the State of Tennessee, incorporating rule changes consistent with
EPA's 2002 NSR Reform Rules.
The June 24, 2005, D.C. Circuit Court decision also involved a
remand of the recordkeeping provisions of the 2002 NSR Reform Rules.
EPA continues to move forward with its evaluation of the portion of its
NSR Reform Rules that were remanded by the D.C. Circuit Court. On March
8, 2007 (72 FR 10445), EPA responded to the Court's remand regarding
the recordkeeping provisions by proposing two alternative options to
clarify what constitutes ``reasonable possibility'' and when the
``reasonable possibility'' recordkeeping requirements apply. The
``reasonable possibility'' standard identifies for sources and
reviewing authorities the circumstances under which a major stationary
source undergoing a modification that does not trigger major NSR must
keep records. Tennessee's SIP revisions are approvable at this time
because the Tennessee and Nashville rules are substantially the same as
the current federal rules. If EPA adopts recordkeeping criteria that
are more stringent than the current Tennessee and Nashville rules, the
Tennessee and Nashville rules may need to be revised to be at least as
stringent as the federal requirement.
On February 23, 2006, May 31, 2006, and April 16, 2007, the State
of Tennessee submitted SIP revisions including changes to Tennessee's
and Nashville's NSR programs. The NSR program changes were made
primarily to adopt EPA's 2002 NSR Reform Rules. On July 23, 2007 (72 FR
40105), EPA published a NPR proposing to approve revisions to
Tennessee's Rule .01 of chapter 1200-3-9 entitled, ``Construction
Permits'' and Nashville's
[[Page 52474]]
Regulation 3 entitled, ``New Source Review.'' Tennessee's revisions are
consistent with the federal NSR regulations published December 31, 2002
(67 FR 80186) and November 7, 2003 (68 FR 63021). As is discussed in
greater detail in the NPR, EPA reviewed the SIP revisions and
determined that they were at least as stringent as the federal NSR
program. As a result, the SIP revisions are approvable pursuant to the
CAA.
The July 23, 2007, NPR and the docket for this action provide more
details about the SIP revisions being approved and the rationale for
EPA's final action. For additional information on EPA's 2002 NSR Reform
Rules, see 67 FR 80186 (December 31, 2002), and https://www.epa.gov/nsr.
III. Final Action
EPA is taking final action to approve changes to Tennessee's Rule
1200-3-9-.01 (Construction Permits) as submitted by TDEC on February
23, 2006, and amended on April 16, 2007, as revisions to the Tennessee
SIP. In addition, EPA is taking final action to approve changes made to
the Nashville Regulation 3 (New Source Review) as submitted by TDEC on
May 31, 2006, as revisions to the Nashville/Davidson County portion of
the Tennessee SIP.
IV. 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 final 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 and local rules implementing a Federal standard,
and 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 approves a state rule implementing a Federal Standard.
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 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 November 13, 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,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 5, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220(c) Table 1 and Table 5 are amended as follows:
0
a. In Table 1 under Chapter 1200-3-9 by revising the entry for
``Section 1200-3-9-.01'',
0
b. In Table 5 under Article II. by revising the entries under
Regulation No. 3 for ``Section 3-1'', ``Section 3-2'' and ``Section 3-
3'', and
0
c. In Table 5 under Article II. by adding in numerical order a new
entry under Regulation No. 3 for ``Section 3-4''.
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 52475]]
Table 1.--EPA-Approved Tennessee Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01 Construction Permits. 02/14/06 09/14/07 [Insert citation of .....................................
publication].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5.--EPA-Approved Nashville-Davidson County, Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article II. Standards for Operation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation No. 3
New Source Review
Section 3-1....................... Definitions.......... 03/14/06 09/14/07 [Insert citation of
publication].
Section 3-2....................... New Source Review.... 03/14/06 09/14/07 [Insert citation of
publication].
Section 3-3....................... Prevention of 03/14/06 09/14/07 [Insert citation of
Significant publication].
Deterioration (PSD)
Review.
Section 3-4....................... Plantwide 03/14/06 09/14/07 [Insert citation of
Applicability Limits publication].
(PAL).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-17975 Filed 9-13-07; 8:45 am]
BILLING CODE 6560-50-P
