[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5705-5707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[TN-NASH-96-01; FRL-5422-4]
Clean Air Act Final Full Approval of Operating Permits Program;
Metropolitan Health Department, Metropolitan Government of Nashville
and Davidson County, TN
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: The EPA is promulgating full approval of the Operating Permits
Program submitted by the State of Tennessee on behalf of the
Metropolitan Health Department (``Nashville-Davidson County'' or ``the
County''), located in the geographic area of Nashville-Davidson County.
The County's program was submitted for the purpose of complying with
Federal requirements which mandate that states or local authorities
develop, and submit to EPA, programs for issuing operating permits to
all major stationary sources, and to certain other sources.
EFFECTIVE DATE: March 15, 1996.
ADDRESSES: Copies of the Nashville-Davidson County submittal and other
supporting information used in developing the final full approval are
available for inspection during normal business hours at the following
location: U.S. Environmental Protection Agency, Region 4, 345 Courtland
Street NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower
Building. Interested persons wanting to examine these documents,
contained in EPA docket number TN-NASH-96-01, should make an
appointment at least 24 hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Gracy R. Danois, Title V Program
Development Team, Air Programs Branch, Air, Pesticides & Toxics
Management Division, U.S. Environmental Protection Agency, Region 4,
345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext.
4150.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) part 70 require that states or
authorized local agencies develop and submit operating permits programs
to EPA by November 15, 1993, and that EPA act to approve or disapprove
each program within one
[[Page 5706]]
year after receiving the submittal. EPA's program review occurs
pursuant to section 502 of the Act and the part 70 regulations, which
together outline criteria for approval or disapproval. Where a program
substantially, but not fully, meets the requirements of part 70, EPA
may grant the program interim approval for a period of up to two years.
If EPA has not fully approved a program by November 15, 1995, or by the
end of an interim program, it must establish and implement a Federal
program.
On October 11, 1995, EPA proposed full approval, or in the
alternative, interim approval of the operating permits program for
Nashville-Davidson County. See 60 FR 52890. The October 11, 1995,
notice also proposed approval of the County's interim mechanism for
implementing section 112(g) and for delegation of section 112 standards
as promulgated. EPA did not receive any comments on the proposal. On
December 28, 1995, the State of Tennessee submitted on behalf of
Nashville-Davidson County a package containing revisions to the
operating permits program, which addressed the deficiency discussed in
the full/interim approval notice. As required by 40 CFR 70.5(c), the
County adopted revisions to M.C.L. section 10.56.050 to ensure that
information needed to determine the applicability of, or to impose, any
applicable requirement, or to collect any permit fees is not excluded
from the application. Specifically the new provision, M.C.L. section
10.56.050(F), reads as follows: ``Notwithstanding any exemptions in
this Section, any application submitted in accordance with Section
10.56.020 and Section 10.50.040 of this Chapter shall include all
emission sources and quantify emissions if needed to determine major
source status, to determine compliance with an applicable requirement
and/or the applicability of any applicable requirement such as a NSPS,
NESHAPS, or MACT standard, etc., or in [the] calculation [of] permit
fees in accordance with Section 10.56.080.'' This change became locally
effective on December 14, 1995.
In this action, EPA is promulgating full approval of the Nashville-
Davidson County operating permits program, and approving the section
112(g) and section 112(l) mechanisms noted above.
II. Final Action and Implications
A. Title V Operating Permits Program
The EPA is promulgating full approval of the operating permits
program submitted by the State of Tennessee, on behalf of Nashville-
Davidson County, on November 13, 1993, and supplemented on April 19,
1994; September 27, 1994; December 28, 1994; and December 28, 1995. The
October 11, 1995, notice established that the County would receive full
approval of its program if changes to M.C.L. section 10.56.050 were
adopted prior to final promulgation. Such changes became locally
effective on December 14, 1995. Nashville-Davidson County has
demonstrated that the program will be adequate to meet the minimum
elements of a state or local operating permits program as specified in
40 CFR part 70.
The scope of the County's part 70 program approved in this notice
applies to all part 70 sources (as defined in the approved program)
within Nashville-Davidson County, except any sources of air pollution
over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813,
55815-18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the
Act as ``any Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village, which is Federally
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.''
See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25,
1994); 58 FR 54364 (Oct. 21, 1993).
B. Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Nashville-Davidson County's
preconstruction review program found in M.C.L. section 10.56.020 as a
mechanism to implement section 112(g) during the transition period
between promulgation of EPA's section 112(g) rule and the County's
adoption of rules specifically designed to implement section 112(g).
This approval is limited to the implementation of the 112(g) rule and
is effective only during any transition time between the effective date
of the 112(g) rule and the adoption of specific rules by Nashville-
Davidson County to implement section 112(g). The duration of this
approval is limited to 18 months following promulgation by EPA of
section 112(g) regulations, to provide the County with adequate time to
adopt regulations consistent with Federal requirements.
C. Program for Delegation of Section 112 Standards as Promulgated
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to part 70
sources. Section 112(l)(5) requires that the County's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under part
70. Therefore, the EPA is also promulgating approval under section
112(l)(5) and 40 CFR 63.91 of Nashville-Davidson County's program for
receiving delegation of section 112 standards and programs that are
unchanged from Federal rules as promulgated. In addition, EPA is
approving the delegation of all existing standards and programs under
40 CFR parts 61 and 63. This program for delegation applies to both
part 70 sources and non-part 70 sources.
III. Administrative Requirements
A. Docket
Copies of the Nashville-Davidson County submittal and other
information relied upon for the final full approval are contained in
docket number TN-NASH-96-01 maintained at the EPA Regional Office. The
docket is an organized and complete file of all the information
submitted to, or otherwise considered by, EPA in the development of
this final full approval. The docket is available for public inspection
at the location listed under the ADDRESSES section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: February 1, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
[[Page 5707]]
2. Appendix A to part 70 is amended by adding the entry for
Tennessee in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Tennessee
(a) (Reserved)
(b) The Metropolitan Health Department, Metropolitan Govenment
of Nashville-Davidson County; submitted on November 13, 1993, and
supplemented on April 19, 1994; September 27, 1994; December 28,
1994; and December 28, 1995; full approval effective on March 15,
1996.
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[FR Doc. 96-3283 Filed 2-13-96; 8:45 am]
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