[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27073]
[[Page Unknown]]
[Federal Register: November 1, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-125-1-6395a; FRL-5095-6]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Knox County Operating Permit Regulations
for Synthetic Minor Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Knox County portion of the
Tennessee State Implementation Plan (SIP) to incorporate rules for the
permitting of minor sources. On November 12, 1993, the State of
Tennessee Division of Air Pollution Control (TDAPC) submitted a SIP
revision on behalf of Knox County, fulfilling the requirements
necessary to make Knox County's minor source operating permit program
federally enforceable. The submittal conforms with the requirements
necessary for a state's minor operating permit program to become
federally enforceable.
DATES: This final rule is effective January 3, 1995 unless adverse or
critical comments are received by December 1, 1994. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to Yolanda Adams at the
EPA Regional office listed below. Copies of the material submitted by
Knox County, Tennessee may be examined during normal business hours at
the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington DC
20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
Division of Air Pollution Control, Tennessee Department of Environment
and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,
Tennessee 37243-1531.
Knox County Department of Air Pollution Control, City/County Building,
Suite 459, 400 Main Avenue, Knoxville, Tennessee 37902.
FOR FURTHER INFORMATION CONTACT: Yolanda Adams at the above EPA
Regional office. The telephone number is 404/347-2864.
SUPPLEMENTARY INFORMATION: On November 12, 1993, the State of Tennessee
through the TDAPC submitted a SIP revision on behalf of Knox County
designed to make Knox County's minor source operating permit program
federally enforceable pursuant to EPA requirements as specified in a
Federal Register document entitled ``Requirements for the Preparation,
Adoption, and Submittal of Implementation Plans; Approval and
Promulgation of Implementation Plans'' (See 54 FR 22274, June 28,
1989). This voluntary SIP revision allows EPA to enforce terms and
conditions of state-issued minor source operating permits. In addition,
operating permits that are issued under the state's minor source
operating permit program that is approved into their SIP, may provide
federally enforceable limits to an air pollution source's potential to
emit. Limiting of a source's potential to emit through federally
enforceable operating permits can affect a source's applicability to
federal regulations such as title V operating permits, New Source
Review (NSR) preconstruction permits, Prevention of Significant
Deterioration (PSD) preconstruction permits for criteria pollutants and
federal air toxics requirements mandated under section 112 of the Clean
Air Act as amended in 1990 (CAA) for air toxics which are also Volatile
Organic Compounds (VOCs) or Particulate Matter with a diameter of less
than 10 micrometers (PM-10). Any existing source may limit its
potential to emit, for purposes of avoiding title V requirements, up to
one year after the effective date of the Knox County title V program.
If, by that date, the source has not obtained a federally enforceable
permit limiting its potential to emit under the applicability
thresholds of title V, the source will need to submit a title V permit
application. Otherwise, if it is later discovered that the source does
not qualify for a minor source operating permit, the source may be
subject to enforcement actions for failure to submit a title V permit
application.
However, for limiting the potential to emit of air toxics, which
are not also VOCs or PM-10, it is necessary for the State to make a
submittal under 40 CFR part 63, subpart E, Approval of State Programs
and Delegation of Federal Authorities. For other mechanisms that may be
used to limit an air pollution source's potential to emit see the
guidance document entitled ``Limitation of Potential to Emit with
Respect to title V Applicability Thresholds'' dated September 18, 1992,
from John Calcagni, Director of EPA's Air Quality Management Division,
to William A. Spratlin, Director of EPA Region VII's Air and Toxics
Division and the guidance document entitled ``Approaches to Creating
Federally-Enforceable Emissions Limits'' dated November 3, 1993, from
John S. Seitz, Director of EPA's Office of Air Quality and Planning
Standards (OAQPS), to the Air Division Directors for Regions 1 through
10.
In the aforementioned June 28, 1989, Federal Register notice, EPA
listed five criteria necessary to make a state's minor source operating
permit program federally enforceable and, therefore, approvable into
the SIP. This revision satisfies the five criteria for federal
enforceability by a verbatim incorporation of the criteria language
listed in such notice.
Knox County agrees, as part of its program, to provide EPA and the
public with timely notice of the proposal and issuance of such permits,
and to provide EPA, on a timely basis, with a copy of each proposed (or
draft) and final permit intended to be federally enforceable. This
process must also provide for an opportunity for public comment on the
permit applications prior to issuance of the final permit.
With the addition of these provisions, Knox County's minor source
operating permit program satisfies all the requirements listed in the
June 28, 1989 Federal Register document. Therefore, EPA is approving
this revision to the Knox County portion of Tennessee's SIP making the
County's minor source operating permit program federally enforceable.
Final Action
In this action, EPA is approving the Knox County minor source
operating permit program. The EPA is publishing this action without
prior proposal because the EPA views this as a noncontroversial
amendment and anticipates no adverse comments. However, in a separate
document in this Federal Register publication, the EPA is proposing to
approve the SIP revision should adverse or critical comments be filed.
This action will be effective January 3, 1995 unless, by December 1,
1994, adverse or critical comments are received. If the EPA receives
such comments, this action will be withdrawn before the effective date
by publishing a subsequent document that will withdraw the final
action. All public comments received will then be addressed in a
subsequent final rule based on this action serving as a proposed rule.
The EPA will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. If no such comments are received, the public is advised that this
action will be effective January 3, 1995.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The EPA has determined that this action
conforms with those requirements.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by January
3, 1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2) of the Act, 42 U.S.C. 7607 (b)(2).)
The OMB has exempted these actions from review under Executive
Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.
Dated: October 6, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart RR--Tennessee
2. Section 52.2220 is amended by adding paragraph (c)(119) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(119) The minor source operating permit program for Knox County,
submitted by the Tennessee Division of Air Pollution Control on
November 12, 1993 as part of the Tennessee SIP.
(i) Incorporation by reference.
(A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and
47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by
the Knox County Air Pollution Control Board on October 13, 1993.
(ii) Other material. None.
[FR Doc. 94-27073 Filed 10-31-94; 8:45 am]
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