Approval and Promulgation of Implementation Plans: Tennessee; Visibility Impairment Prevention for Federal Class I Areas; Removal of Federally Promulgated Provisions, 20783-20785 [2010-8935]
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0150–201009(a);
FRL–9138–9]
Approval and Promulgation of
Implementation Plans: Tennessee;
Visibility Impairment Prevention for
Federal Class I Areas; Removal of
Federally Promulgated Provisions
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to rescind the Federally
promulgated provisions regarding
visibility in 40 CFR 52.2234 of the
Tennessee State Implementation Plan
(SIP). EPA approved Tennessee’s
visibility rules addressing new source
review (NSR) on July 18, 1996, and a
plan addressing monitoring and
reporting of visibility on July 2, 1997.
EPA’s approval of these rules neglected
to remove the previous Federally
promulgated provisions from the
Federal Implementation Plan (FIP)
contained in 40 CFR 52.2234. EPA is
correcting this omission in this
rulemaking. This action is being taken
pursuant to section 110 of the Clean Air
Act (CAA).
DATES: This rule is effective on June 21,
2010 without further notice, unless EPA
receives relevant adverse comment by
May 21, 2010. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0150, by one of the
following methods:
1. https://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–2010–0150,’’
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: 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
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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–2010–
0150.’’ EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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
https://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 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
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20783
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms. Ward
may be reached by phone at (404) 562–
9140 or by electronic mail address
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background for Today’s Action
II. Final Action
III. Statutory and Executive Order Reviews
I. Background for Today’s Action
On February 9, 1993, and December
19, 1994, the State of Tennessee
submitted provisions constituting its
plan to address visibility impairment in
Federal Class I areas. EPA approved
these submittals on July 2, 1997 (62 FR
35681). On January 17, 1995, the State
of Tennessee also submitted rules for
addressing visibility in its NSR program.
EPA fully approved this submittal on
July 18, 1996 (61 FR 35387).
The aforementioned submittals
provide the necessary revisions to
Tennessee’s plan for visibility
impairment prevention for Class I areas,
and satisfied EPA’s requirements as set
forth in 40 CFR 51.300 through 51.304
and 51.306. These visibility provisions
were submitted to EPA in order to
satisfy the second part of the Settlement
Agreement with the Environmental
Defense Fund, et al., Environmental
Defense Fund v. Thomas, number
C826850 RPA, and are described at 49
FR 20647 on May 16, 1984. The
schedule for submittal and
promulgation of these visibility
provisions was renegotiated and
subsequently extended by a court order
on September 9, 1986.
The second part of the Settlement
Agreement required EPA to propose and
promulgate Federal Visibility SIPs,
addressing the general visibility plan
provisions including implementation
control strategies (40 CFR 51.302),
integral vista protection (40 CFR 51.302
through 51.307), and long-term
strategies (40 CFR 51.306) for those
States whose SIPs EPA had determined
to be inadequate with respect to the
above provisions (see January 23, 1986,
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
notice of deficiency (51 FR 3046) and
March 12, 1987, notice proposing FIPs
for deficient State SIPs (52 FR 7803)).
However, as provided in the
renegotiated Settlement Agreement, a
State could avoid the promulgation of
said provisions if they submitted a
visibility SIP by August 31, 1987. The
State of Tennessee did not submit a plan
by August 31, 1987, and as a result EPA
promulgated Part 2 provisions for
Tennessee in a FIP to satisfy the
Settlement Agreement on November 24,
1987.
Subsequently, the State of Tennessee
provided SIP revisions on February 9,
1993, December 19, 1994, and January
17, 1995, with the intent to replace the
EPA-promulgated provisions (or FIP)
that was put in place. The EPA actions
on July 18, 1996 and July 2, 1997, fully
approved these Tennessee SIP revisions
but inadvertently did not remove the
Federally-promulgated provisions in 40
CFR 52.2234. Today’s action corrects
that oversight.
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II. Final Action
EPA is taking direct final action to
correct an omission related to the
visibility requirements for Tennessee.
Specifically, EPA is removing the
previous Federally promulgated
provisions in 40 CFR 52.2234 for
visibility for Tennessee because the
State later submitted, and EPA
approved, revisions covering visibility
requirements for Tennessee. EPA is
approving the aforementioned changes
to the Tennessee SIP because they are
consistent with the CAA and Agency
requirements. 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 June 21, 2010
without further notice unless the
Agency receives adverse comments by
May 21, 2010.
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 June 21, 2010
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and no further action will be taken on
the proposed rule.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act;
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
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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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 21, 2010.
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, Intergovernmental
relations, Incorporation by reference,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds, Sulfur dioxide.
Dated: April 1, 2010.
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:
■
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
(7205P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington
DC 20460–0001; telephone number:
(703) 308–8811; e-mail address:
leifer,kerry@epa.gov.
Subpart RR—Tennessee
§ 52.2234
[Removed and Reserved]
2. Section 52.2234 is removed and
reserved.
■
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–8935 Filed 4–20–10; 8:45 am]
I. General Information
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0888; FRL–8436–3]
Polyglyceryl Phthalate Ester of
Coconut Oil Fatty Acids; Exemption
from the Requirement of a Tolerance;
Technical Correction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: EPA issued a final rule in the
Federal Register of July 8, 2009,
concerning polyglyceryl phthalate ester
of coconut oil fatty acids; exemption
from the requirement of a tolerance.
This document is being issued to correct
the inert ingredient name and CAS
numbers.
DATES: This final rule is effective April
21, 2010.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0888. All documents in the
docket are listed in the docket index
available in https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Kerry Leifer , Registration Division
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A. Does this Action Apply to Me?
The Agency included in the final rule
a list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under the FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to accessing electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. What Does this Correction Do?
In the Federal Register of July 8,
2009, (74 FR 32456), EPA’s Office of
Pesticide Programs issued an exemption
from the requirement of a tolerance for
‘‘polyglyceryl phthalate ester of coconut
oil fatty acids’’ pursuant to a petition by
the Joint Inserts Task Force, Cluster
Support Team 23. The petition
requested that an exemption from the
requirement of a tolerance for residues
of polyglyceryl phthalate ester of
coconut oil fatty acids, including fatty
acid coco polymers with glyceryl and
phthalic anhydride (CAS No. 67746–02–
5) and coconut oil polymer with
glyceryl and phthalic anhydride (CAS
No. 66070–87–9). This technical
correction corrects the name of the inert
ingredient and the CAS numbers.
III. Why is this Correction Issued as a
Final Rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s technical correction
final without prior proposal and
opportunity for comment, because EPA
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20785
is merely correcting language that was
inadvertently mistyped in the
previously published final rule. The
correct inert ingredient names and CAS
Numbers were present in the
Supplementary Information Section of
the July 8, 2009 final rule but were
mistyped in the tolerance exemption
table. EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(B).
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
The statutory and Executive order
reviews were included in the July 8,
2009 final rule.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report 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 this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: April 9, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR part 180 corrected
as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a, and 371.
2. In the table to § 180.910, the entry
for ‘‘Polyglyceryl phthalate ester of
coconut oil fatty acids (CAS Reg. Nos.
67746–6070–9)’’ is revised to read as
follows:
■
§ 180.910 Inert ingredients used pre– and
post–harvest; exemptions from the
requirement of a tolerance.
*
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Agencies
[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Rules and Regulations]
[Pages 20783-20785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8935]
[[Page 20783]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0150-201009(a); FRL-9138-9]
Approval and Promulgation of Implementation Plans: Tennessee;
Visibility Impairment Prevention for Federal Class I Areas; Removal of
Federally Promulgated Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to rescind the Federally
promulgated provisions regarding visibility in 40 CFR 52.2234 of the
Tennessee State Implementation Plan (SIP). EPA approved Tennessee's
visibility rules addressing new source review (NSR) on July 18, 1996,
and a plan addressing monitoring and reporting of visibility on July 2,
1997. EPA's approval of these rules neglected to remove the previous
Federally promulgated provisions from the Federal Implementation Plan
(FIP) contained in 40 CFR 52.2234. EPA is correcting this omission in
this rulemaking. This action is being taken pursuant to section 110 of
the Clean Air Act (CAA).
DATES: This rule is effective on June 21, 2010 without further notice,
unless EPA receives relevant adverse comment by May 21, 2010. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0150, by one of the following methods:
1. https://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-2010-0150,'' 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: 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-
2010-0150.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://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 https://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
https://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 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 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Ward may be
reached by phone at (404) 562-9140 or by electronic mail address
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background for Today's Action
II. Final Action
III. Statutory and Executive Order Reviews
I. Background for Today's Action
On February 9, 1993, and December 19, 1994, the State of Tennessee
submitted provisions constituting its plan to address visibility
impairment in Federal Class I areas. EPA approved these submittals on
July 2, 1997 (62 FR 35681). On January 17, 1995, the State of Tennessee
also submitted rules for addressing visibility in its NSR program. EPA
fully approved this submittal on July 18, 1996 (61 FR 35387).
The aforementioned submittals provide the necessary revisions to
Tennessee's plan for visibility impairment prevention for Class I
areas, and satisfied EPA's requirements as set forth in 40 CFR 51.300
through 51.304 and 51.306. These visibility provisions were submitted
to EPA in order to satisfy the second part of the Settlement Agreement
with the Environmental Defense Fund, et al., Environmental Defense Fund
v. Thomas, number C826850 RPA, and are described at 49 FR 20647 on May
16, 1984. The schedule for submittal and promulgation of these
visibility provisions was renegotiated and subsequently extended by a
court order on September 9, 1986.
The second part of the Settlement Agreement required EPA to propose
and promulgate Federal Visibility SIPs, addressing the general
visibility plan provisions including implementation control strategies
(40 CFR 51.302), integral vista protection (40 CFR 51.302 through
51.307), and long-term strategies (40 CFR 51.306) for those States
whose SIPs EPA had determined to be inadequate with respect to the
above provisions (see January 23, 1986,
[[Page 20784]]
notice of deficiency (51 FR 3046) and March 12, 1987, notice proposing
FIPs for deficient State SIPs (52 FR 7803)). However, as provided in
the renegotiated Settlement Agreement, a State could avoid the
promulgation of said provisions if they submitted a visibility SIP by
August 31, 1987. The State of Tennessee did not submit a plan by August
31, 1987, and as a result EPA promulgated Part 2 provisions for
Tennessee in a FIP to satisfy the Settlement Agreement on November 24,
1987.
Subsequently, the State of Tennessee provided SIP revisions on
February 9, 1993, December 19, 1994, and January 17, 1995, with the
intent to replace the EPA-promulgated provisions (or FIP) that was put
in place. The EPA actions on July 18, 1996 and July 2, 1997, fully
approved these Tennessee SIP revisions but inadvertently did not remove
the Federally-promulgated provisions in 40 CFR 52.2234. Today's action
corrects that oversight.
II. Final Action
EPA is taking direct final action to correct an omission related to
the visibility requirements for Tennessee. Specifically, EPA is
removing the previous Federally promulgated provisions in 40 CFR
52.2234 for visibility for Tennessee because the State later submitted,
and EPA approved, revisions covering visibility requirements for
Tennessee. EPA is approving the aforementioned changes to the Tennessee
SIP because they are consistent with the CAA and Agency requirements.
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 June 21, 2010 without
further notice unless the Agency receives adverse comments by May 21,
2010.
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 June 21, 2010 and no
further action will be taken on the proposed rule.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 21, 2010. 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, Intergovernmental
relations, Incorporation by reference, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds, Sulfur
dioxide.
Dated: April 1, 2010.
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:
[[Page 20785]]
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
Sec. 52.2234 [Removed and Reserved]
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2. Section 52.2234 is removed and reserved.
[FR Doc. 2010-8935 Filed 4-20-10; 8:45 am]
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