speed in order to return the bridge to material at NARA, call 202–741–6030, that contain the federally-approved
normal operation as soon as possible. or go to: http://www.archives.gov/ regulations and source specific permits
Should the bridge maintenance federal_register/ submitted by each state agency. These
authorized by this temporary deviation code_of_federal_regulations/ SIP Compilations are contained in 3-
be completed before the end of the ibr_locations.html. ring binders and are updated primarily
effective period published in this notice, FOR FURTHER INFORMATION CONTACT: Ms. on an annual basis. Under the revised
the Coast Guard will rescind the Stacy DiFrank at the above Region 4 procedures, EPA is to periodically
remainder of this temporary deviation, address or at (404) 562–9042. publish an informational document in
and the bridge shall be returned to its the rules section of the Federal Register
SUPPLEMENTARY INFORMATION: Each state
normal operating schedule. Notice of when updates are made to a SIP
has a SIP containing the control
the above action shall be provided to the Compilation for a particular state. EPA’s
measures and strategies used to attain
public in the Local Notice to Mariners 1997 revised procedures were formally
and maintain the national ambient air
and the Federal Register, where applied to Tennessee on June 30, 1999
quality standards (NAAQS). The SIP is
practicable. This deviation from the (64 FR 35009).
extensive, containing such elements as This action represents EPA’s
operating regulations is authorized air pollution control regulations,
under 33 CFR 117.35(b). publication of the Tennessee SIP
emission inventories, monitoring Compilation update, appearing in 40
Dated: July 14, 2006. networks, attainment demonstrations, CFR part 52. In addition, notice is
Gary Kassof, and enforcement mechanisms. provided of the following typographical
Bridge Program Manager, First Coast Guard Each state must formally adopt the
corrections to Table 1 of § 52.2220, as
District. control measures and strategies in the described below, and modifying the IBR
[FR Doc. E6–11730 Filed 7–21–06; 8:45 am] SIP after the public has had an Table format of Table 1.
BILLING CODE 4910–15–P opportunity to comment on them and 1. Correcting typographical errors
then submit the SIP to EPA. Once these listed in Table 1 of § 52.2220(c), as
control measures and strategies are described below:
ENVIRONMENTAL PROTECTION approved by EPA, after notice and A. Change in Federal Register
AGENCY comment, they are incorporated into the citations to reflect the beginning page of
federally approved SIP and are the preamble as opposed to that of the
40 CFR Part 52 identified in part 52 ‘‘Approval and regulatory text.
Promulgation of Implementation Plans,’’ B. Chapter 1200–3–5–.03 title is
[TN–200602; FRL–8197–2]
Title 40 of the Code of Federal revised to read ‘‘Method of Evaluating
Approval and Promulgation of Air Regulations (40 CFR part 52). The full and Recording.’’
Quality Implementation Plans; text of the state regulation approved by C. Chapter 1200–3–5–.11 EPA
Tennessee; Update to Materials EPA is not reproduced in its entirety in approved date is corrected to read ‘‘07/
Incorporated by Reference 40 CFR part 52, but is ‘‘incorporated by 16/02.’’
reference.’’ This means that EPA has D. Chapter 1200–3–9–.05, ‘‘Appeal of
AGENCY: Environmental Protection approved a given state regulation with Permit Application Denials and Permit
Agency (EPA). a specific effective date. The public is Conditions,’’ is changed to Chapter
ACTION: Final rule; Notice of referred to the location of the full text 1200–3–9–.06, and a new Chapter 1200–
administrative change. version should they want to know 3–8–.05 is added and ‘‘Reserved.’’
which measures are contained in a EPA has determined that today’s
SUMMARY: EPA is publishing this action given SIP. The information provided action falls under the ‘‘good cause’’
to provide the public with notice of the allows EPA and the public to monitor exemption in section 553(b)(3)(B) of the
update to the Tennessee State the extent to which a state implements Administrative Procedure Act (APA)
Implementation Plan (SIP) compilation. a SIP to attain and maintain the NAAQS which, upon finding ‘‘good cause,’’
In particular, materials submitted by and to take enforcement action if authorizes agencies to dispense with
Tennessee that are incorporated by necessary. public participation, and section
reference (IBR) into the Tennessee SIP The SIP is a living document which 553(d)(3), which allows an agency to
are being updated to reflect EPA- the state can revise as necessary to make an action effective immediately
approved revisions to Tennessee’s SIP address the unique air pollution (thereby avoiding the 30-day delayed
that have occurred since the last update. problems in the state. Therefore, EPA effective date otherwise provided for in
In this action EPA is also notifying the from time to time must take action on the APA). Today’s administrative action
public of the correction of certain SIP revisions containing new and/or simply codifies provisions which are
typographical errors. revised regulations as being part of the already in effect as a matter of law in
DATES: This action is effective July 24, SIP. On May 22, 1997, (62 FR 27968), Federal and approved state programs
2006. EPA revised the procedures for and corrects typographical errors
ADDRESSES: SIP materials which are incorporating by reference, into the appearing in the Federal Register.
incorporated by reference into 40 CFR Code of Federal Regulations, materials Under section 553 of the APA, an
part 52 are available for inspection at submitted by states in their EPA- agency may find good cause where
the following locations: Environmental approved SIP revisions. These changes procedures are ‘‘impractical,
Protection Agency, Region 4, 61 Forsyth revised the format for the identification unnecessary, or contrary to the public
Street, SW., Atlanta, GA 30303; the of the SIP in 40 CFR part 52, stream- interest.’’ Public comment for this
EPA, Air and Radiation Docket and lined the mechanisms for announcing administrative action is ‘‘unnecessary’’
Information Center, Air Docket (6102), EPA approval of revisions to a SIP, and and ‘‘contrary to the public interest’’
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1301 Constitution Avenue, NW., Room stream-lined the mechanisms for EPA’s since the codification (and
B102, Washington, DC 20460, and the updating of the IBR information typographical corrections) only reflect
National Archives and Records contained for each SIP in 40 CFR part existing law. Immediate notice of this
Administration (NARA). For 52. The revised procedures also called action in the Federal Register benefits
information on the availability of this for EPA to maintain ‘‘SIP Compilations’’ the public by providing the public
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41732 Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
notice of the updated Tennessee SIP administrative action does not impose Nitrogen dioxide, Ozone, Particulate
Compilation and notice of typographical an information collection burden under matter, Reporting and recordkeeping
corrections to the Tennessee the Paperwork Reduction Act of 1995 requirements, Sulfur oxides, Volatile
‘‘Identification of Plan’’ portion of the (44 U.S.C. 3501 et seq.). EPA’s organic compounds.
Federal Register. compliance with these Statutes and Dated: June 23, 2006.
Executive Orders for the underlying
Statutory and Executive Order Reviews A. Stanley Meiburg,
rules are discussed in previous actions
Acting Regional Administrator, Region 4.
A. General Requirements taken on the State’s rules.
Under Executive Order 12866 (58 FR ■ 40 CFR part 52, is amended as
B. Submission to Congress and the
51735, October 4, 1993), this follows:
Comptroller General
administrative action is not a
The Congressional Review Act (CRA) PART 52—[AMENDED]
‘‘significant regulatory action’’ and is
(5 U.S.C. 801 et seq.), as added by the
therefore not subject to review by the ■ 1. The authority for citation for part 52
Small Business Regulatory Enforcement
Office of Management and Budget. This continues to read as follows:
Fairness Act of 1996, generally provides
action is not subject to Executive Order
that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
13211, ‘‘Actions Concerning Regulations
agency promulgating the rule must
That Significantly Affect Energy Supply, Subpart RR—Tennessee
submit a rule report, which includes a
Distribution, or Use’’ (66 FR 28355, May copy of the rule, to each House of the
22, 2001) because it is not a significant Congress and to the Comptroller General ■ 2. Section 52.2220 is amended by
regulatory action under Executive Order of the United States. Section 808 allows revising paragraph (b), and revising
12866. Because the Agency has made a the issuing agency to make a rule table 1 in paragraph (c) to read as
‘‘good cause’’ finding that this action is effective sooner than otherwise follows:
not subject to notice-and-comment provided by the CRA if the agency
requirements under the APA or any § 52.2220 Identification of plan.
makes a good cause finding that notice
other statute as indicated in the * * * * *
and public procedure is impracticable,
Supplementary Information section unnecessary or contrary to the public (b) Incorporation by reference. (1)
above, it is not subject to the regulatory interest. Today’s administrative action Material listed in paragraph (c) of this
flexibility provisions of the Regulatory simply codifies (and corrects) section with an EPA approval date prior
Flexibility Act (5 U.S.C. 601 et seq.), or provisions which are already in effect as to January 1, 2006, for Tennessee (Table
to sections 202 and 205 of the Unfunded a matter of law in Federal and approved 1 of the Tennessee State Implementation
Mandates Reform Act (UMRA) of 1995 state programs. 5 U.S.C. 808(2). These Plan), January 1, 2003 for Memphis
(Pub. L. 104–4). In addition, this action announced actions were effective when Shelby County (Table 2 of the
does not significantly or uniquely affect EPA approved them through previous Tennessee State Implementation Plan),
small governments or impose a rulemaking actions. EPA will submit a March 1, 2005, for Knox County (Table
significant intergovernmental mandate, report containing this action and other 3 of the Tennessee State Implementation
as described in sections 203 and 204 of required information to the U.S. Senate, Plan), April 1, 2005 for Chattanooga
UMRA. This administrative action also the U.S. House of Representatives, and (Table 4 of the Tennessee State
does not have a substantial direct effect the Comptroller General of the United Implementation Plan), April 1, 2005, for
on one or more Indian tribes, on the States prior to publication of this action Nashville-Davidson County (Table 5 of
relationship between the Federal in the Federal Register. This update to the Tennessee State Implementation
government and Indian tribes, or on the Tennessee’s SIP Compilation and Plan) and paragraph (d) with an EPA
distribution of power and correction of typographical errors is not approval date prior to December 1,
responsibilities between the Federal a ‘‘major rule’’ as defined by 5 U.S.C. 1998, was approved for incorporation by
government and Indian tribes, as 804(2). reference by the Director of the Federal
specified by Executive Order 13175 (65 Register in accordance with 5 U.S.C.
FR 67249, November 9, 2000), nor will C. Petitions for Judicial Review 552(a) and 1 CFR part 51. Material is
it have substantial direct effects on the EPA has also determined that the incorporated as it exists on the date of
states, on the relationship between the provisions of section 307(b)(1) of the the approval, and notice of any change
national government and the states, or Clean Air Act pertaining to petitions for in the material will be published in the
on the distribution of power and judicial review are not applicable to this Federal Register. Entries in paragraphs
responsibilities among the various action. This action is simply an (c) of this section with EPA approval
levels of government, as specified in announcement of prior rulemakings that dates after January 1, 2006, for
Executive Order 13132 (64 FR 43255, have previously undergone notice and Tennessee (Table 1 of the Tennessee
August 10, 1999). This administrative comment rulemaking. Prior EPA State Implementation Plan), January 1,
action also is not subject to Executive rulemaking actions for each individual 2003 for Memphis Shelby County (Table
Order 13045 (62 FR 19885, April 23, component of the Tennessee SIP 2 of the Tennessee State Implementation
1997), because it is not economically compilation previously afforded Plan), March 1, 2005, for Knox County
significant. This administrative action interested parties the opportunity to file (Table 3 of the Tennessee State
does not involve technical standards, a petition for judicial review in the Implementation Plan), April 1, 2005 for
thus the requirements of section 12(d) of United States Court of Appeals for the Chattanooga (Table 4 of the Tennessee
the National Technology Transfer and appropriate circuit within 60 days of State Implementation Plan), April 1,
Advancement Act of 1995 (15 U.S.C. such rulemaking action. 2005, for Nashville-Davidson County
272 note) do not apply. The (Table 5 of the Tennessee State
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administrative action also does not List of Subjects in 40 CFR Part 52 Implementation Plan) and paragraph (d)
involve special consideration of Environmental protection, Air with an EPA approval date after
environmental justice related issues as pollution control, Carbon monoxide, December 1, 1998, will be incorporated
required by Executive Order 12898 (59 Incorporation by reference, by reference in the next update to the
FR 7629, February 16, 1994). This Intergovernmental relations, Lead, SIP compilation.
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations 41733
(2) EPA Region 4 certifies that the (3) Copies of the materials Administration (NARA). For
rules/regulations provided by EPA in incorporated by reference may be information on the availability of this
the SIP compilation at the addresses in inspected at the Region 4 EPA Office at material at NARA, call 202–741–6030,
paragraph (b)(3) of this section are an 61 Forsyth Street, SW., Atlanta, GA or go to: http://www.archives.gov/
exact duplicate of the officially 30303; the EPA, Air and Radiation federal_register/
promulgated State rules/regulations Docket and Information Center, Air code_of_federal_regulations/
which have been approved as part of the Docket, 1301 Constitution Avenue, NW., ibr_locations.html.
State implementation plan as of the Room B102, Washington, DC 20460; or
dates referenced in paragraph (b)(1). at the National Archives and Records (c) * * *
Section 1200–3–3–.01 ........ Primary Air Quality Standards ...................................... 02/09/77 03/29/85, 50 FR 12539
Section 1200–3–3–.02 ........ Secondary Air Quality Standards ................................. 02/09/77 03/29/85, 50 FR 12539
Section 1200–3–3–.03 ........ Tennessee’s Ambient Air Quality Standards ............... 12/05/84 03/29/85, 50 FR 12539
Section 1200–3–3–.04 ........ Nondegradation ............................................................ 02/09/77 03/29/85, 50 FR 12540
Section 1200–3–3–.05 ........ Achievement ................................................................. 08/02/83 04/07/93, 58 FR 18011
Section 1200–3–6–.01 ........ General Non-Process Emissions ................................. 06/21/79 06/24/82, 47 FR 27267
Section 1200–3–6–.02 ........ Non-Process Particulate Emission Standards ............. 09/08/80 06/24/82, 47 FR 27267
Section 1200–3–6–.03 ........ General Non-Process Gaseous Emissions .................. 06/21/79 06/24/82, 47 FR 27267
Section 1200–3–6–.04 ........ (Deleted) ....................................................................... 06/21/79 06/24/82, 47 FR 27267
Section 1200–3–6–.05 ........ Wood-Fired Fuel Burning Equipment ........................... 05/30/87 11/23/88, 53 FR 47530
Section 1200–3–7–.01 ........ General Process Particulate Emission Standards ....... 03/02/79 06/24/82, 47 FR 27267
Section 1200–3–7–.02 ........ Choice of Particulate Emission Standards—Existing 04/12/78 06/07/79, 44 FR 32681
Process.
Section 1200–3–7–.03 ........ New Processes ............................................................. 06/21/79 06/24/82, 47 FR 27267
Section 1200–3–7–.04 ........ Limiting Allowable Emissions ....................................... 03/21/79 06/07/79, 44 FR 32681
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Section 1200–3–7–.05 ........ Specific Process Emission Standards .......................... 06/07/74 06/07/79, 44 FR 32681
Section 1200–3–7–.06 ........ Standards of Performance for New Stationary 06/07/74 06/07/79, 44 FR 32681
Sources.
Section 1200–3–7–.07 ........ General Provisions and Applicability for Process Gas- 01/22/82 06/12/96, 61 FR 29666
eous Emission Standards.
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41734 Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
Section 1200–3–7–.08 ........ Specific Process Emission Standards .......................... 09/22/80 01/31/96, 61 FR 3318
Section 1200–3–7–.09 ........ Sulfuric Acid Mist .......................................................... 02/09/77 03/29/85, 50 FR 12540
Section 1200–3–7–.10 ........ Grain Loading Limit for Certain Existing Sources ........ 03/21/79 06/24/82, 47 FR 27267
Section 1200–3–7–.11 ........ Carbon Monoxide, Electric Arc Furnaces .................... 10/25/79 06/24/82, 47 FR 27267
Section 1200–3–7–.12 ........ Carbon Monoxide, Catalytic Cracking Units ................ 01/22/82 06/21/82, 47 FR 26621
Section 1200–3–10–.01 ...... Sampling Required to Establish Contaminant Emis- 12/14/81 03/19/96, 61 FR 11136
sion Levels.
Section 1200–3–10–.02 ...... Monitoring of Source Emissions, Recording, Report- 02/14/96 01/07/00, 65 FR 1070
ing of the Same are Required.
Section 1200–3–10–.04 ...... Sampling, Recording, and Reporting Required for 09/12/94 01/19/00, 65 FR 2880
Major Stationary Sources.
Section 1200–3–17–.01 ...... Purpose and Intent ....................................................... 09/18/96 10/28/02, 67 FR 55322
Section 1200–3–17–.02 ...... Conflict of Interest on the Part of the Board and Tech- 09/18/96 10/28/02, 67 FR 55322
nical Secretary.
Section 1200–3–17–.03 ...... Conflict of Interest in the Permitting of Municipal Solid 09/18/96 10/28/02, 67 FR 55322
Waste Incineration Units.
Section 1200–3–18–.03 ...... Compliance Certification, Recordkeeping, and Report- 02/08/96 07/18/96, 61 FR 37387
ing Requirements for Coating and Printing Sources.
Section 1200–3–18–.04 ...... Compliance Certification, Recordkeeping, and Report- 02/08/96 07/18/96, 61 FR 37387
ing Requirements for Non-Coating and Non-Printing
Sources.
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations 41735
Section 1200–3–18–.83 ...... Test Methods and Compliance Procedures: Emission 05/18/93 02/27/95, 60 FR 10504
Capture and Destruction or Removal Efficiency and
Monitoring Requirements.
Section 1200–3–18–.84 ...... Test Methods and Compliance Procedures: Deter- 05/18/93 02/27/95, 60 FR 10504
mining the Destruction or Removal Efficiency of a
Control Device.
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41736 Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
Section 1200–3–18–.85 ...... Test Methods and Compliance Procedures: Leak De- 05/18/93 02/27/95, 60 FR 10504
tection Methods for Volatile Organic Compounds
(VOC’s).
Section 1200–3–18–.86 ...... Performance Specifications for Continuous Emission 06/03/96 04/14/97, 62 FR 18046
Monitoring of Total Hydrocarbons.
Section 1200–3–18–.87 ...... Quality Control Procedures for Continuous Emission 05/18/93 02/27/95, 60 FR 10504
Monitoring Systems (CEMS).
Section 1200–3–18–.88–.99 (Reserved) .................................................................... 05/18/93 02/27/95, 60 FR 10504
CHAPTER 1200–3–19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE
NONATTAINMENT AREAS
Section 1200–3–21–.01 ...... General Alternate Emission Standard .......................... 01/22/82 06/24/82, 47 FR 27272
Section 1200–3–21–.02 ...... Applicability ................................................................... 03/22/93 04/18/94, 59 FR 18310
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Section 1200–3–23–.04 ...... Specific Emission Standards for Existing Stationary 12/19/94 07/02/97, 62 FR 35681
Facilities.
Section 1200–3–23–.05 ...... Specific Emission Standards for Existing Sources ...... 12/19/94 07/02/97, 62 FR 35681
Section 1200–3–23–.06 ...... Visibility Standards for New and Modified Sources ..... 12/19/94 07/02/97, 62 FR 35681
Section 1200–3–23–.07 ...... Visibility Monitoring Requirements ............................... 12/19/94 07/02/97, 62 FR 35681
Section 1200–3–23–.08 ...... Exemptions from BART Requirements ........................ 12/19/94 07/02/97, 62 FR 35681
Section 1200–3–34–.01 ...... Conformity of Transportation Plans, Programs, and 03/21/02 05/16/03, 68 FR 25495
Projects.
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41738 Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
projected to be attained on July 20, Alan D. Risenhoover, and Aleutian Islands Management Area
2006. Pursuant to 50 CFR Acting Director, Office of Sustainable (FMP) prepared by the North Pacific
648.60(a)(5)(ii)(C) and 648.85(c)(3)(ii), Fisheries, National Marine Fisheries Service. Fishery Management Council under
this Federal Register action notifies [FR Doc. 06–6428 Filed 7–19–06; 2:04 pm] authority of the Magnuson-Stevens
scallop vessel owners that, effective BILLING CODE 3510–22–S Fishery Conservation and Management
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