[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14491-14493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7911]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-140-01-6910a; FRL-5443-2]
Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Revision to New Source Review, Construction and Operating
Permit Requirements for Nashville/Davidson County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Nashville/Davidson County
portion of the Tennessee State Implementation Plan (SIP), submitted by
the State of Tennessee through the Tennessee Department of Environment
and Conservation on September 27, 1994. The submittal included
revisions to Nashville/Davidson County's Regulation Three, New Source
Review (NSR), Sections 3-1, 3-2 and 3-3, which were made to bring the
Nashville/Davidson County regulations into compliance with the 1990
amendments to the Clean Air Act (the Act) and the Federal regulations.
EPA finds that the revised rules meet the Federal nonattainment NSR
permitting requirements of the Act for the State's ozone nonattainment
areas.
On April 15, 1994, EPA granted limited approval of revisions to the
Nashville/Davidson County portion of the Tennessee SIP. At that time
several deficiencies were identified which had to be corrected for
Nashville/Davidson County's NSR SIP to fully meet the requirements of
the CAA. EPA finds that this submittal corrects those previous
deficiencies in Nashville/Davidson County's Regulation Three, New
Source Review.
DATES: This final rule is effective June 3, 1996, unless adverse or
critical comments are received by May 2, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at
the Regional Office Address listed below.
Copies of the material submitted by the State of 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 4, Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Tennessee Division of Air Pollution Control, 9th Floor L&C Annex, 401
Church Street, Nashville, Tennessee 37243-1531
Bureau of Environmental Health Services, Metropolitan Health
Department, Nashville-Davidson County, 311--23rd Avenue, North,
Nashville, Tennessee 37203.
FOR FURTHER INFORMATION CONTACT: Interested persons wanting to examine
documents relative to this action should make an appointment with the
Region 4 Air Programs Branch at least 24 hours before the visiting day.
To schedule the appointment or to request additional information,
contact Karen C. Borel, Regulatory Planning and Development Section,
Air Programs Branch, Air, Pesticides & Toxics Management Division,
Region 4 EPA, 345 Courtland Street, NE, Atlanta, Georgia 30365. The
telephone number is 404/347-3555 extension 4197. Reference file TN140-
01-6910.
SUPPLEMENTARY INFORMATION: On September 27, 1994, Nashville/Davidson
County submitted revisions to their portion of the Tennessee SIP in
order to correct deficiencies previously identified on April 15, 1994,
(59 FR 17398) and to fully satisfy the NSR and PSD requirements of the
1990 CAA. Previously, on July 13, 1990, and February 26, 1993,
Nashville/Davidson County, through the State of Tennessee Department of
Environment and Conservation, submitted various revisions to the
Nashville/Davidson County portion of the Tennessee SIP. These earlier
submittals included revisions to Regulation Three, New Source Review,
and were intended to bring Nashville/Davidson County's regulations into
conformity with EPA's Prevention of Significant Deterioration (PSD)
increments for Nitrogen dioxides (NO2) and the EPA's current NSR
requirements. Nashville/Davidson County was granted limited approval on
the earlier submittals on April 15, 1994, (59 FR 17398) because those
submittals as a whole substantially strengthened the Nashville/Davidson
County portion of the Tennessee SIP. On September 27, 1994, Nashville/
Davidson County submitted additional revisions to Regulation Three,
Sections 3-1, 3-2 and 3-3. These revisions to their NSR regulations
were made to correct the deficiencies identified in the April 15, 1994,
Federal Register (59 FR 17938) and to bring Nashville/Davidson County's
rules into compliance with the Act, as amended in 1990, and revised
Federal regulations.
The current SIP revision was reviewed by EPA to determine
completeness, and a letter of completeness dated November 17, 1994, was
sent to the State of Tennessee. EPA finds that the revisions provide
for consistency with the Act and corresponding Federal regulations,
that the revisions meet the new nonattainment NSR provisions for
nonattainment areas, and that the revisions correct the previously
identified deficiencies. EPA is approving the following revisions to
the Nashville/Davidson County portion of the Tennessee SIP.
Regulation Three, New Source Review
(A) Section 3-1 Definitions
Section 3-1(i): The definition of ``commenced'' has been modified
by adding ``has all necessary preconstruction approvals or permits
and'' between the words ``operator'' and ``has''.
[[Page 14492]]
Section 3-1(l): The definition of ``emission offset'' has been
modified by adding ``actual'' between the words ``of'' and
``emissions''.
Section 3-1(s): The definition of ``lowest achievable emission rate
(LAER)'' has been deleted in its entirety and replaced with the
following definition:
``(s) Lowest Achievable Emission Rate (LAER)--means, for any
source, the more stringent rate of emissions based on the following:
(1) The most stringent emissions limitation which is contained in
the implementation plan of any state for such class or category of
stationary source, unless the owner or operator of the proposed
stationary source demonstrates that such limitations are not
achievable; or
(2) The most stringent emissions limitation which is achieved in
practice by such class or category of stationary sources. This
limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within the
stationary source. In no event shall the application of the term permit
a proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under an applicable new source standard
of performance.''
Section 3-1(t): The definition for ``major modification'' has been
modified by replacing ``new'' with ``net''.
Section 3-1(u)(2): The definition for ``major stationary source''
has been modified by adding ``or'' after ``1,000 lbs/day'' and before
``100 lbs/hour''.
Section 3-1(bb): The definition for ``reasonable further progress''
has been deleted in its entirety and replaced with the following
definition:
``(bb) Reasonable Further Progress--Means such annual incremental
reductions in emissions of the relevant air pollutant as are required
by the Clean Air Act or may reasonably be required by the Director for
the purpose of ensuring attainment of the applicable national ambient
air quality standard by the applicable date.''
Section 3-1: The following definition for ``legally enforceable''
has been added:
``Legally Enforceable--means all limitations and conditions which
are enforceable by the Director and Administrator, which includes all
provisions of Chapter 10.56 ``Air Pollution Control'' of the
Metropolitan Code of Law, this Regulation, any provisions of the State
Implementation Plan, and any permit conditions.''
Section 3-1: This section has also been recodified to allow the new
definitions to be added in alphabetical order.
(B) Section 3-2 Registration and Permits
Section 3-2(b)(2)(ii): This subparagraph was modified by replacing
``request'' with ``represent'' between the words ``to'' and
``reasonable''.
Section 3-2(b)(3): This paragraph was modified by replacing the
phrase ``A major volatile organic compound stationary source'' with the
new phrase ``A stationary source of modification that is major due to
volatile organic compound or nitrogen oxide emissions''.
Section 3-2(d): This paragraph was modified by adding ``as though
construction had not yet commenced on the source or modification'' at
the end of the sentence.
Section 3-2(e): This paragraph was modified by adding ``the
Administrator and'' between the words ``notify'' and ``the''.
(C) Section 3-3 Prevention of Significant Deterioration (PSD) Review
Section 3-3(e)(2)(i): This subparagraph was deleted in its entirety
and replaced with the following:
``(i) Particulate Matter--PM10:
Annual Arithmetic Mean 17 g/m\3\
24-Hour maximum 30 g/m\3\''
These limits are being revised appropriately to replace the former
limits for total suspended particulates (TSP), in accordance with the
requirements of the 1990 CAA.
Section 3-3(f): This paragraph was deleted in its entirety and
replaced with the following paragraph:
``(f) All applications of air quality modeling required under this
Section shall be based on the applicable models data bases and all
other requirements specified in Appendix W of 40 CFR Part 51
(``Guideline on Air Quality Models (Revised)'' (1986), Supplement A
(1987) and Supplement B (1993)). Where an air quality model specified
in Appendix W of 40 CFR Part 51 is inappropriate, the model may be
modified or another model substituted on a case-by-case basis provided
that written approval is obtained from the Director for any such
modification or substitution. Furthermore, the use of a modified or
substitute model will be subject to notice and opportunity for public
comment under the provisions set forth in 40 CFR Part 51, Subpart
51.102.''
This new paragraph meets the requirements set forth in 40 CFR Part
51.160(f)(1) and (2). New sources in the Nashville/Davidson County area
must now base their application of air quality modeling on the
requirements of 40 CFR Part 51, Appendix W, which is the most up-to-
date guidance. If this model is not appropriate, a different air
quality model may be substituted, but only with written approval of
their Director.
Final Action
EPA is approving revisions to the Nashville/Davidson County
Regulation Number Three New Source Review. Specifically, EPA is
approving Nashville/Davidson County's submittal as meeting the NSR
requirements of the 1990 amendments to the Act for the State's ozone
nonattainment areas. EPA is also rescinding the previous limited
approval [59 FR 17938].
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action 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 on June 3, 1996, by May 2, 1996, 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 the 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 on June 3, 1996.
Under section 307(b)(1) of the Act, 42 U.S.C. Sec. 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 June 3,
1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule 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. 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. Sec. 7607 (b)(2).]
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and
[[Page 14493]]
Radiation. The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any 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 economic impact on a substantial number of small entities.
Small entities include small business, 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 Act
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 Act,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act 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 (1976); 42
U.S.C. 7410(a)(2) and 7410(k)(3).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 165 of the CAA.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. EPA has examined whether the rules being approved by this
action will impose no new requirements, since such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action, and therefore there will be no
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 4, 1996.
Phyllis P. Harris,
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)(133) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(133) On September 27, 1994, the State submitted revisions to the
Nashville/Davidson County portion of the Tennessee State Implementation
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions
to the new source review requirements in the Nashville/Davidson County
regulations. These revisions incorporate changes to Regulation Number
Three, Sections 3-1, 3-2 and 3-3 of the Nashville/Davidson County
portion of the Tennessee SIP which bring this into conformance with the
new requirements which are required in 40 CFR part 52, subpart I.
(i) Incorporation by reference.
Metropolitan Health Department Division of Pollution Control
Regulation Number 3 New Source Review, as amended on August 9, 1994.
(ii) Other material. None.
* * * * *
[FR Doc. 96-7911 Filed 4-1-96; 8:45 am]
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