Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan-“Permit by Rule” Provision, 70881-70883 [E8-27739]

Download as PDF Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 70881 RHODE ISLAND NON REGULATORY—Continued Name of non regulatory SIP provision Applicable geographic or nonattainment area State submittal date/ effective date November 9, 1999, letter from Rhode Island Department of Environmental Management. Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category. September 20, 2001 letter from Rhode Island Department of Environment Management. NOX State Implementation Plan (SIP) Call Narrative, revised September 2001. Statewide ................... Submitted 11/9/1999 .. 12/27/2000, 65 FR 81743. Statewide ................... Submitted 3/28/2000 .. 7/10/2000, 65 FR 42290. Statewide ................... Submitted 9/20/2001 .. 6/20/2003, 68 FR 36921. Statewide ................... Submitted 9/20/2001 .. 6/20/2003, 68 FR 36921. [FR Doc. E8–27864 Filed 11–21–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2008–0052–200803(a); FRL–8743–8] Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan—‘‘Permit by Rule’’ Provision Environmental Protection Agency (EPA). ACTION: Direct final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the State of Tennessee on October 12, 2007. The revision pertains to the Knox County portion of the Tennessee SIP and includes changes to Knox County Air Quality Management Regulation (Knox County Regulation) Section 25.10—Permit by Rule. Specifically, Section 25.10 was changed so that it clearly states that turbines and other internal combustion engines are excluded from the ‘‘Permit by Rule’’ provision. This revision is considered by the Tennessee Department of Environment and Conservation (TDEC), to be as or more stringent than the State of Tennessee’s SIP requirements. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 EPA approved date This direct final rule is effective January 23, 2009 without further notice, unless EPA receives adverse comment by December 24, 2008. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2008–0052, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: bradley.twunjala@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2008– 0052,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Twunjala Bradley, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2008– 0052.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any DATES: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Explanations Stating RI’s intent to comply with applicable reporting requirements. Submitting the ‘‘NOX State Implementation Plan (SIP) Call Narrative,’’ revised September 2001. personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is E:\FR\FM\24NOR1.SGM 24NOR1 70882 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 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 www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, 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) 562–9352. Ms. Bradley can also be reached via electronic mail at bradley.twunjala@epa.gov. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with RULES I. Analysis of Submittal On October 12, 2007, the State of Tennessee submitted a revision to the Knox County portion of the Tennessee SIP. This revision changes Knox County Regulation Sections 25.10.B.1.a and 25.10.B.2.a, so that these sections clearly state that turbines and other internal combustion engines are excluded from the ‘‘Permit by Rule’’ provision. The intent of the ‘‘Permit by Rule’’ provision is to provide a simple compliance technique to limit a facility’s potential emissions below that of the ‘‘major source’’ threshold, with respect to title V of the CAA. The ‘‘Permit by Rule’’ provision operates by using fuel loads to ensure that a source will not exceed the major source thresholds. Since internal combustion units and turbines emit more pollutant per fuel load than external combustion units, they are excluded from this ‘‘Permit by Rule’’ compliance technique and must instead follow the standard permitting approach. II. Final Action EPA is taking direct final action to approve the aforementioned changes into the SIP. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective January 23, 2009 without further notice unless the Agency receives adverse comments by December 24, 2008. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on January 23, 2009 and no further action will be taken on the proposed rule. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 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 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 January 23, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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, Nitrogen dioxide, Ozone, Incorporation by reference, E:\FR\FM\24NOR1.SGM 24NOR1 70883 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations Particulate matter, Sulfur oxides, Volatile organic compounds. 1. The authority citation for part 52 continues to read as follows: ■ Dated: November 10, 2008. Russell L. Wright, Acting Regional Administrator, Region 4. ■ the Tennessee State Implementation Plan by revising the entry for Section 25.0 to read as follows: PART 52—[AMENDED] § 52.2220 Authority: 42 U.S.C. 7401 et seq. 40 CFR part 52 is amended as follows: * Subpart RR—Tennessee Identification of plan. * * (c) * * * * * 2. Section 52.2220(c) is amended in Table 3 of the Knox County portion of ■ TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS State effective date State citation Title/subject * Section 25.0 ..................... * * Permits ............................. * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2008–0590; FRL–8732–4] Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District, Mojave Desert Air Quality Management District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Direct final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Mojave Desert Air Quality Management District (MDAQMD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from storage of reactive organic compound liquids, polyester resin operations, coatings of metal parts and products, and adhesives and sealants. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on January 23, 2009 without further notice, unless EPA receives adverse comments by December 24, 2008. If we receive such VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 * * comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2008–0590, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at PO 00000 Explanation * * * 12/10/2007 11/24/2008 [Insert citation of publication]. * [FR Doc. E8–27739 Filed 11–21–08; 8:45 am] EPA approval date Frm 00023 Fmt 4700 Sfmt 4700 * * * www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: For questions regarding ICAPCD Rule 414, contact Mae Wang, EPA Region IX, (415) 947–4124, wang.mae@epa.gov. For questions regarding MDAQMD Rule 1162, contact Jerald Wamsley, EPA Region IX, (415) 947–4111, wamsley.jerry@epa.gov. For questions regarding SCAQMD Rule 1107 or VCAPCD Rule 74.20, contact Francisco ´˜ Donez, EPA Region IX, (213) 244–1834, Donez.Francisco@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70881-70883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27739]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0052-200803(a); FRL-8743-8]

Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Approval of Revisions to the Knox County Portion of the
Tennessee State Implementation Plan--``Permit by Rule'' Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve the State
Implementation Plan (SIP) revision submitted by the State of Tennessee
on October 12, 2007. The revision pertains to the Knox County portion
of the Tennessee SIP and includes changes to Knox County Air Quality
Management Regulation (Knox County Regulation) Section 25.10--Permit by
Rule. Specifically, Section 25.10 was changed so that it clearly states
that turbines and other internal combustion engines are excluded from
the ``Permit by Rule'' provision. This revision is considered by the
Tennessee Department of Environment and Conservation (TDEC), to be as
or more stringent than the State of Tennessee's SIP requirements. This
action is being taken pursuant to section 110 of the Clean Air Act
(CAA).

DATES: This direct final rule is effective January 23, 2009 without
further notice, unless EPA receives adverse comment by December 24,
2008. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0052, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: bradley.twunjala@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2008-0052,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Twunjala Bradley, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2008-0052.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is

[[Page 70882]]

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 www.regulations.gov or in hard copy
at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, 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) 562-9352. Ms. Bradley can also be reached via electronic mail
at bradley.twunjala@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Analysis of Submittal

On October 12, 2007, the State of Tennessee submitted a revision to
the Knox County portion of the Tennessee SIP. This revision changes
Knox County Regulation Sections 25.10.B.1.a and 25.10.B.2.a, so that
these sections clearly state that turbines and other internal
combustion engines are excluded from the ``Permit by Rule'' provision.
The intent of the ``Permit by Rule'' provision is to provide a simple
compliance technique to limit a facility's potential emissions below
that of the ``major source'' threshold, with respect to title V of the
CAA. The ``Permit by Rule'' provision operates by using fuel loads to
ensure that a source will not exceed the major source thresholds. Since
internal combustion units and turbines emit more pollutant per fuel
load than external combustion units, they are excluded from this
``Permit by Rule'' compliance technique and must instead follow the
standard permitting approach.

II. Final Action

EPA is taking direct final action to approve the aforementioned
changes into the SIP. EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
January 23, 2009 without further notice unless the Agency receives
adverse comments by December 24, 2008.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 23, 2009 and no
further action will be taken on the proposed rule.

III. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 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 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 January 23, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, Nitrogen dioxide,
Ozone, Incorporation by reference,

[[Page 70883]]

Particulate matter, Sulfur oxides, Volatile organic compounds.

Dated: November 10, 2008.
Russell L. Wright,
Acting 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. Section 52.2220(c) is amended in Table 3 of the Knox County portion
of the Tennessee State Implementation Plan by revising the entry for
Section 25.0 to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *
(c) * * *

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

* * * * * * *
Section 25.0..................... Permits............ 12/10/2007 11/24/2008 [Insert
citation of
publication].

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

* * * * * 9
[FR Doc. E8-27739 Filed 11-21-08; 8:45 am]
BILLING CODE 6560-50-P

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