[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13101-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7166]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[TN-CHAT-95-01; FRL-5445-8]
Clean Air Act Final Full Approval of Operating Permits Program;
Hamilton County, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: EPA is promulgating full approval of the title V operating
permits program submitted by the State of Tennessee on behalf of the
Chattanooga-Hamilton County Air Pollution Control Bureau (CHCAPCB). The
CHCAPCB 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: April 25, 1996.
ADDRESSES: Copies of the CHCAPCB 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. Interested persons wanting to examine these
documents, contained in EPA docket number TN-CHAT-95-01, should make an
appointment at least 24 hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Kelly Fortin, 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 the 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 year after receiving the submittal. If the
permitting authority's submission is materially changed during the one-
year period, 40 CFR 70.4(e)(2) allows EPA to extend the review period
for no more than one year following the receipt of the additional
materials.
EPA's operating permit 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 operating
permit program for that state or local agency.
On November 8, 1995, EPA proposed full approval, or in the
alternative, interim approval of the operating permits program for
CHCAPCB in the Federal Register. See 60 FR 56285. The Federal Register
notice stated that, as a condition of full approval, certain revisions
or clarifications were required in the insignificant activities list
contained in CHCAPCB's program. The above-referenced Federal Register
notice and the technical support document describe in detail the
changes required for full program approval. The November 8, 1995,
notice also proposed approval of CHCAPCB'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
notice.
On March 14, 1996, the State of Tennessee submitted, on behalf of
CHCAPCB, revisions to the operating
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permits program that addressed the deficiencies discussed in the
proposed full/interim approval Federal Register notice. These changes
became locally effective on the following dates: February 7, 1996, in
the unincorporated areas of Hamilton County and in the East Ridge
municipality; March 6, 1996, in the City of Chattanooga; March 7, 1996,
in the Soddy-Daisy municipality; March 11, 1996, in the Signal Mountain
municipality; March 12, 1996, in the Lookout Mountain and Walden
municipalities; March 18, 1996, in the Collegedale municipality; March
19, 1996, in the Red Bank municipality; and March 21, 1996, in the
Lakesite municipality. The changes will become locally effective in the
Ridgeside municipality on April 16, 1996. In this action, EPA is
promulgating full approval of the CHCAPCB 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
EPA is promulgating full approval of the operating permits program
submitted by the State of Tennessee, on behalf of CHCAPCB, on November
22, 1993, and as supplemented on January 23, 1995, February 24, 1995,
October 13, 1995, and March 14, 1995. The November 8, 1995, Federal
Register notice established that CHCAPCB would receive full approval of
its program if certain changes were made to the insignificant
activities provisions of the program and submitted to EPA prior to
EPA's final action. CHCAPCB has demonstrated that the program will be
adequate to meet the minimum elements of a local operating permits
program as specified in 40 CFR part 70.
The scope of the CHCAPCB program that EPA is approving in this
action applies to all part 70 sources (as defined in the approved
program) within Hamilton County, except any sources of air pollution
over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813,
55815-18 (November 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 (August 25,
1994); 58 FR 54364 (October 21, 1993).
The Chattanooga-Hamilton County Air Pollution Control Board,
operating under a certificate of exemption pursuant to Tennessee Code
Annotated, Section 68-201-115, has authority to administer the
operating permits program in all areas of Hamilton County, Tennessee,
with the exception of Indian reservations and tribal lands. The CHCAPCB
program is implemented and enforced through: (1) the Chattanooga Air
Pollution Control Code (within the incorporated municipality of the
City of Chattanooga, Tennessee); (2) the Hamilton County Air Pollution
Control Regulation (in the unincorporated areas of Hamilton County,
Tennessee); and (3) the air pollution control ordinances prepared for
and enacted in the incorporated municipalities of East Ridge, Red Bank,
Soddy-Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout
Mountain, and Ridgeside.
B. Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of CHCAPCB's preconstruction review
program found in section 4-8 of the Chattanooga Code and the
corresponding sections of the Hamilton County and local municipalities'
regulations as the mechanism for implementing section 112(g) during the
transition period between promulgation of EPA's section 112(g) rule and
CHCAPCB'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
CHCAPCB 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 Hamilton County, the City of Chattanooga, and
the affected municipalities 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 CHCAPCB's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under part
70. Therefore, EPA is also promulgating approval under section
112(l)(5) and 40 CFR 63.91 of CHCAPCB'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 CHCAPCB submittal and other information relied upon
for this final full approval action are contained in docket number TN-
CHAT-95-01 maintained at the EPA Region 4 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 action. The
docket is available for public inspection at the location listed
previously in 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
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.
D. Unfunded Mandates Reform Act of 1995
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate, or to the private sector, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the final full approval promulgated in this
document does not include a Federal mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate, or to the
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private sector. This Federal action approves pre-existing requirements
under State or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action.
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: March 15, 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.
2. In appendix A to part 70 the entry for Tennessee is amended by
redesignating paragraph (b) as (d), by adding and reserving paragraph
(c), and by adding a new paragraph (b) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Tennessee
(a) [Reserved]
(b) Chattanooga-Hamilton County Air Pollution Control Bureau,
Hamilton County, State of Tennessee: submitted on November 22, 1993,
and supplemented on January 23, 1995, February 24, 1995, October 13,
1995, and March 14, 1996; full approval effective on April 25, 1996.
* * * * *
[FR Doc. 96-7166 Filed 3-25-96; 8:45 am]
BILLING CODE 6560-50-P
