Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion, 30235-30237 [E9-14873]
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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations
DC 20460–0001. Descriptive
information and instructions for filling
in the form are included in paragraphs
(a)(4)(i) through (vii) of this section.
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(d) Persons required to notify under
this section shall file EPA Form 7710–
53 with EPA by mailing the form to the
following address: Document Control
Officer, Office of Resource Conservation
and Recovery (5305P), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
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■ 31. Section 761.243 is amended by
revising paragraph (a) to read as follows:
§ 761.243
and size.
Standard wipe sample method
(a) Collect a surface sample from a
natural gas pipe segment or pipeline
section using a standard wipe test as
defined in § 761.123. Detailed guidance
for the entire wipe sampling process
appears in the document entitled,
‘‘Wipe Sampling and Double Wash/
Rinse Cleanup as Recommended by the
Environmental Protection Agency PCB
Spill Cleanup Policy,’’ dated June 23,
1987 and revised on April 18, 1991.
This document is available on EPA’s
Web site at https://www.epa.gov/pcb, or
from the Program Management,
Communications, and Analysis Office,
Office of Resource Conservation and
Recovery (5305P), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
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■ 32. Section 761.386 is amended by
revising paragraph (e) to read as follows:
§ 761.386 Required experimental
conditions for the validation study and
subsequent use during decontamination.
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(e) Confirmatory sampling for the
validation study. Select surface sample
locations using representative sampling
or a census. Sample a minimum area of
100 cm2 on each individual surface in
the validation study. Measure surface
concentrations using the standard wipe
test, as defined in § 761.123, from which
a standard wipe sample is generated for
chemical analysis. Guidance for wipe
sampling appears in the document
entitled ‘‘Wipe Sampling and Double
Wash/Rinse Cleanup as Recommended
by the Environmental Protection Agency
PCB Spill Cleanup Policy,’’ available on
EPA’s Web site at https://www.epa.gov/
pcb, or from the Program Management,
Communications, and Analysis Office,
Office of Resource Conservation and
Recovery (5305P), Environmental
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16:08 Jun 24, 2009
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Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
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■ 33. Section 761.398 is amended by
revising paragraph (a) to read as follows:
§ 761.398
Reporting and recordkeeping.
(a) Submit validation study results to
the Director, Office of Resource
Conservation and Recovery (5301P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001, prior to the first use of
a new solvent for alternate
decontamination under § 761.79(d)(4).
The use of a new solvent is not TSCA
Confidential Business Information (CBI).
From time to time, EPA will confirm the
use of validated new decontamination
solvents and publish the new solvents
and validated decontamination
procedures in the Federal Register.
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[FR Doc. E9–14859 Filed 6–24–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2008–0676–200820(a);
FRL–8903–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Tennessee; Approval of Revisions to
the Knox County Portion
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a revision to the Knox
County portion of the Tennessee State
Implementation Plan (SIP) submitted by
the State of Tennessee on April 21,
2008. The revision pertains to the Knox
County Department of Air Quality
Management (KCDAQM) Regulation,
Section 25.0 ‘‘Permits,’’ specifically
subsection 25.6—Exemptions. This
revision removes ‘‘mobile sources’’ from
the list of exempted air contaminant
sources, with respect to operating
permits and reserves subsection 25.6.A.
This revision is part of KCDAQM
strategy to attain and maintain the
National Ambient Air Quality Standards
for 8-hour ozone, particulate matter
(PM)2.5 and PM10. This revision was
certified by the Tennessee Department
of Environment and Conservation to be
at least as stringent as the State of
Tennessee’s existing requirements in
Chapter 1200–3–9–.04 ‘‘Exemptions,’’
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30235
and is being approved pursuant to
section 110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective
August 24, 2009 without further notice,
unless EPA receives adverse comment
by July 27, 2009. 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–2008–0676, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0676,’’ 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: Ms.
Lynorae Benjamin, Chief, 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–
0676.’’ 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
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30236
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations
sroberts on PROD1PC70 with RULES
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
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: Ms.
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. Background and Analysis of
Submittal
On April 21, 2008, the State of
Tennessee submitted a revision to the
Knox County portion of the Tennessee
SIP, which included a change to the
KCDAQM Regulations Section 25.0
‘‘Permits’’—Exemptions (25.6). This
change was approved by the Knox
County Air Pollution Control Board on
January 16, 2008.
VerDate Nov<24>2008
16:08 Jun 24, 2009
Jkt 217001
The purpose of this revision is to
remove ‘‘mobile sources’’ (25.6.A) from
the Exemption list of Section 25.6 to
prevent significant sources of air
pollution (e.g. large diesel generator
powered rock crusher, asphalt plant or
distillation units) from invoking
exemptions from obtaining a major
source operating permit because of
potential mobility of the device. These
devices use portable engines, and in
some cases, the equipment is only
mounted on skids, wheels, or tires
without any self-propulsion capabilities,
which sources interpret as a mobile
source. These devices may emit
significant amounts of nitrogen oxides,
a precursor to ozone pollution.
According to KCDAQM, the
applicability of the terms stationary and
mobile, in the permitting context, have
been misinterpreted. Mobile sources are
described in the KCDAQM Regulations
Section 25.6.A as ‘‘automobiles, trucks,
buses, locomotives, planes, boats, and
ships.’’ In addition, KCDAQM
Regulations define ‘‘stationary source’’
as a fixed site producer of pollution
including power plants and other
facilities using industrial combustion
processes. This SIP revision would
prevent sources from attempting to
claim exemption status for portable
devices as mobile sources by removing
‘‘mobile sources’’ from the list of
exempted sources and reserving 25.6.A.
This change was certified by the State
of Tennessee to be at least as stringent
as existing requirements under the SIP.
II. Final Action
EPA is now taking direct final action
to approve the aforementioned change
to the Knox County portion of the
Tennessee SIP, pursuant to section 110
of the CAA.
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 August 24, 2009
without further notice unless the
Agency receives adverse comments by
July 27, 2009.
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
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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 August 24, 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 voluntary consensus
standards 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
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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations
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 August 24, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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,
Incorporation by reference, Ozone,
Particulate matter.
Dated: June 15, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(c) Table 3 is
amended by revising the entry for
Section 25.0 to read as follows:
■
§ 52.2220
*
Identification of plan.
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(c) * * *
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TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State citation
Title/subject
State effective date
EPA approval date
*
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Section 25.0 .............................
*
Permits ....................................
*
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January 16, 2008 ....................
*
June 25, 2009 [Insert citation
of publication].
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[FR Doc. E9–14873 Filed 6–24–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 661
[Docket No. FTA–2008–0057]
RIN 2132–AA99
Buy America Requirements; Bi-Metallic
Composite Conducting Rail
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AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Final rule; correcting
amendment.
SUMMARY: Following the two recent Buy
America rulemakings pursuant to the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), the Federal
Transit Administration (FTA) received a
petition for reconsideration of the
treatment of bi-metallic composite
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16:08 Jun 24, 2009
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conducting rail as a steel product that
must be manufactured in the United
States.
Because FTA believed adopting the
petitions through a Final Rule would
have altered the regulatory environment
without notice-and-comment from all
affected parties who may have been
unaware of the petition, FTA declined
to accept the petition and instead issued
a Notice of Proposed Rulemaking.
Through this Final Rule, FTA is
amending its Buy America regulation to
include bi-metallic composite
conducting rail on the list of traction
power equipment. As such, bi-metallic
rail need only consist of 60 percent
domestic content, with final assembly
taking place in the United States.
In addition, FTA is amending
Appendix A of section 661.7 to restore
the public interest waivers for small
purchases which was inadvertently
deleted and to update a cross reference
to the list of products exempted under
the Buy American Act of 1933, and
amending statutory references in the
compliance certifications in section
661.12
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DATES:
Explanation
Effective Date: July 27, 2009.
FOR FURTHER INFORMATION CONTACT:
Richard L. Wong, Office of the Chief
Counsel, Federal Transit
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
(202) 366–4011 or
Richard.Wong@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 24, 2008, FTA
published a Notice of Proposed
Rulemaking (NPRM) (73 FR 70950)
seeking public comment whether bimetallic rail used as part of a power
traction system should continue to be
treated as a steel or iron product under
section 661.3, a manufactured product
under section 661.5, or traction power
equipment under section 661.11(v). This
was the outgrowth of a previous Buy
America rulemaking (70 FR 71246) in
which the Federal Transit
Administration (FTA) discussed several
proposals mandated by the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub L. 109–59),
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]]>Agencies
[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30235-30237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14873]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0676-200820(a); FRL-8903-6]
Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Approval of Revisions to the Knox County Portion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Knox County portion of the Tennessee State Implementation Plan (SIP)
submitted by the State of Tennessee on April 21, 2008. The revision
pertains to the Knox County Department of Air Quality Management
(KCDAQM) Regulation, Section 25.0 ``Permits,'' specifically subsection
25.6--Exemptions. This revision removes ``mobile sources'' from the
list of exempted air contaminant sources, with respect to operating
permits and reserves subsection 25.6.A. This revision is part of KCDAQM
strategy to attain and maintain the National Ambient Air Quality
Standards for 8-hour ozone, particulate matter (PM)2.5 and
PM10. This revision was certified by the Tennessee
Department of Environment and Conservation to be at least as stringent
as the State of Tennessee's existing requirements in Chapter 1200-3-
9-.04 ``Exemptions,'' and is being approved pursuant to section 110 of
the Clean Air Act (CAA).
DATES: This direct final rule is effective August 24, 2009 without
further notice, unless EPA receives adverse comment by July 27, 2009.
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-2008-0676, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2008-0676,'' 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: Ms. Lynorae Benjamin, Chief,
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-
2008-0676.'' 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
[[Page 30236]]
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 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: Ms. 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. Background and Analysis of Submittal
On April 21, 2008, the State of Tennessee submitted a revision to
the Knox County portion of the Tennessee SIP, which included a change
to the KCDAQM Regulations Section 25.0 ``Permits''--Exemptions (25.6).
This change was approved by the Knox County Air Pollution Control Board
on January 16, 2008.
The purpose of this revision is to remove ``mobile sources''
(25.6.A) from the Exemption list of Section 25.6 to prevent significant
sources of air pollution (e.g. large diesel generator powered rock
crusher, asphalt plant or distillation units) from invoking exemptions
from obtaining a major source operating permit because of potential
mobility of the device. These devices use portable engines, and in some
cases, the equipment is only mounted on skids, wheels, or tires without
any self-propulsion capabilities, which sources interpret as a mobile
source. These devices may emit significant amounts of nitrogen oxides,
a precursor to ozone pollution. According to KCDAQM, the applicability
of the terms stationary and mobile, in the permitting context, have
been misinterpreted. Mobile sources are described in the KCDAQM
Regulations Section 25.6.A as ``automobiles, trucks, buses,
locomotives, planes, boats, and ships.'' In addition, KCDAQM
Regulations define ``stationary source'' as a fixed site producer of
pollution including power plants and other facilities using industrial
combustion processes. This SIP revision would prevent sources from
attempting to claim exemption status for portable devices as mobile
sources by removing ``mobile sources'' from the list of exempted
sources and reserving 25.6.A. This change was certified by the State of
Tennessee to be at least as stringent as existing requirements under
the SIP.
II. Final Action
EPA is now taking direct final action to approve the aforementioned
change to the Knox County portion of the Tennessee SIP, pursuant to
section 110 of the CAA.
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 August 24, 2009
without further notice unless the Agency receives adverse comments by
July 27, 2009.
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 August 24, 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 voluntary consensus standards 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
[[Page 30237]]
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 August 24, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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,
Incorporation by reference, Ozone, Particulate matter.
Dated: June 15, 2009.
Beverly H. Banister,
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) Table 3 is amended 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 effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 25.0.................... Permits........... January 16, 2008.. June 25, 2009 ..................
[Insert citation
of publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-14873 Filed 6-24-09; 8:45 am]
BILLING CODE 6560-50-P
