[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14634-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7917]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-111-1-7094a; FRL-5442-7]
Approval and Promulgation of Implementation Plans Tennessee:
Revisions to Chattanooga/Hamilton County Regulations for Definitions
and Ambient Air Standards for Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Chattanooga/Hamilton County
portion of the Tennessee State Implementation Plan (SIP) submitted by
the State of Tennessee through the Tennessee Department of Environment
and Conservation on May 18, 1993. This submittal included revisions to
the current regulations concerning definitions and ambient air quality
standards for Chattanooga/Hamilton County. EPA finds that the
regulations provide for consistency with the Clean Air Act as amended
in 1990 (CAA) and corresponding Federal regulations.
DATES: This final rule is effective June 3, 1996 unless adverse or
critical comments are received by May 3, 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.
Chattanooga-Hamilton County Air Pollution Control Bureau, 3511
Rossville Boulevard, Chattanooga, Tennessee 37407.
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 TN111-
01-7094.
SUPPLEMENTARY INFORMATION: On May 18, 1993, the State of Tennessee
submitted a formal revision to the Chattanooga/Hamilton County portion
of its SIP incorporating changes to the ambient air quality standards
for particulate matter and definitions. They also submitted changes to
their asbestos emission standard, their hazardous air pollutants (HAP)
standard and their new source performance standards (NSPS). In a letter
from Mr. Doug Neeley, Chief of the Air Programs Branch in EPA Region 4,
to Mr. John Walton, Director of the Division of Air Pollution Control
of the Tennessee Department of Environment and Conservation, dated June
15, 1995, EPA requested that the NSPS, HAP, and asbestos related
revisions be withdrawn by the State. This withdrawal was requested
because the Federally enforceable National Emission Standards for
Hazardous Air Pollutants (NESHAP) are contained in 40 CFR Parts 61 and
63, and the Federally enforceable NSPS are contained in 40 CFR Part 60;
therefore, these are not required to be approved in the SIP. On October
3, 1995, the State of Tennessee officially withdrew their request to
amend the NSPS Rule 15, the Emissions Standards for Hazardous Air
[[Page 14635]]
Contaminants Rule 16, and the Emission Standard for Asbestos Rule 17.
Furthermore, the EPA is taking no action on the proposed revisions to
Section 4-8 which address the asbestos related requirements for
building demolition and renovation, in accordance with the requirements
of Rule 17.
EPA is approving the following revisions. These revisions and
additions are summarized in the following paragraphs. All codification
references are to the City of Chattanooga's Code.
1. Section 4-2, Definitions
The following definitions have been revised.
A. Best Available Control Technology (BACT)--The revised definition
specifies that BACT is applicable to emissions from any proposed major
stationary source or major modification. This revised definition also
allows a source to demonstrate that technological or economic
limitations of the particular emissions unit would make the imposition
of an emissions limitation infeasible; the source is allowed to propose
an alternate method to satisfy the requirement for the application of
BACT. Any proposed alternate method (design, equipment work practice,
operations standard or combination thereof) should set forth the
emissions reduction achievable by its implementation, and must be
approved by the Director.
B. Volatile organic compound (VOC)--The definition for VOC has been
revised in accordance with the definition in 40 CFR Part 52.100. The
definition of a VOC as a compound of carbon with a vapor pressure
greater than 0.1 millimeters of mercury at standard conditions has been
replaced with the definition in 40 CFR Part 52.100(s).
2. Section 4-2, Definitions
The following definitions have been added.
A. Owner or operator of a demolition or renovation activity--this
means any person who owns, leases, operates, controls, or supervises
the facility being demolished or renovated or any person who owns,
leases operates, controls or supervises the demolition or renovation,
or both.
B. Primary Air Quality Standards: Primary ambient air quality
standards define levels of air quality believed adequate, with an
appropriate margin of safety, to protect public health.
C. Secondary Air Quality Standards: Secondary ambient air quality
standards define levels of air quality believed adequate with an
appropriate margin of safety, to protect the public welfare from any
known anticipated adverse effects of the pollutant.
3. Section 4-41, Rule 21
In this rule, Chattanooga is adopting the Tennessee Air Pollution
Control Regulations, Chapter 1200-3-3-.03. This consists of two tables.
Table I contains the standards for Total Suspended Particulates (TSP),
PM10, Sulfur Dioxide, Carbon Monoxide, Ozone, Nitrogen Dioxide,
and Lead. Table II is Tennessee's standards for gaseous fluorides
(expressed as HF). These standards are part of the Tennessee Federally
approved SIP and are acceptable for adoption into the Chattanooga/
Hamilton County portion of the SIP.
4. Section 4-41, Rule 25.2(33)
The definition for VOC has been revised to bring it into accordance
with the definition of VOC in 40 CFR Part 52.100. The previous
definition is deleted and replaced with the definition in 40 CFR Part
52.100(s).
Final Action
EPA is approving the aforementioned revisions contained in the
State's May 18, 1993, submittal. EPA is also approving these same
revisions in the Hamilton County Code and the city/town codes of the
remaining municipalities in Hamilton County (Soddy-Daisy, Ridgeside,
Signal Mountain, Walden, Lookout Mountain, East Ridge, Red Bank,
Collegedale, and Lakesite). However, EPA has not reviewed the substance
of the regulations for Hamilton County or the other nine
municipalities. These rules were submitted as being essentially the
same as the City of Chattanooga's regulations. The EPA's approval of
these additional ordinances for the County and the remaining nine
municipalities does not imply any position with respect to the
approvability of the substantive rules. To the extent EPA has issued
any SIP calls to the State with respect to the adequacy of any of the
rules subject to this submittal, EPA will continue to require the State
to correct any such rule deficiencies despite EPA's approval.
The EPA is publishing this action without prior proposal because
the Agency 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 June 3, 1996 unless 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 separate 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 June 3, 1996.
Under section 307(b)(1) of the Act, 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 June 3,
1996. 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).)
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 Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan 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
[[Page 14636]]
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. section 7410(a)(2) and 7410(k)(3).
Unfunded Mandates
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 the Clean Air Act.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. To the extent that the rules being approved by this action will
impose no new requirements; 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. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
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: February 15, 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)(136) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(136) Revisions to the Chattanooga/Hamilton County Air Pollution
Control Regulations submitted by the Tennessee Department of
Environment and Conservation on May 18, 1993.
(i) Incorporation by reference.
(A) The Chattanooga City Code, Part II, Chapter 4, is revised as
shown in the following paragraphs. These revisions were adopted on
March 9, 1993.
(1) Section 4-2: the definitions for Best available control
technology (BACT); Owner or operator of a demolition or renovation
activity; Primary Air Quality Standards; and Secondary Air Quality
Standards.
(2) Section 4-41: Rule 21, ``Ambient Air Quality Standards.''
(3) Section 4-41: Rule 25.2, subparagraph 33.
(B) The Hamilton County Air Pollution Control Regulation is revised
as shown in the following paragraphs. These revisions were adopted on
April 7, 1993.
(1) Section 16: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 9: Rule 25.2, subparagraph 33.
(3) Section 9: Rule 21, ``Ambient Air Quality Standards.''
(4) Section 25, ``Regulations cumulative.''
(C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation,
Chapter 1, Air Pollution Control, is revised as shown in the following
paragraphs. These revisions were adopted on March 18, 1993.
(1) Section 8-102: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 8-141: Rule 25.2, subparagraph 21.
(3) Section 8-141: Rule 21, ``Ambient Air Quality Standards.''
(D) The Ridgeside Air Pollution Control Ordinance is revised as
shown in the following paragraphs. These revisions were adopted on
April 20, 1993.
(1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 41: Rule 25.2, subparagraph 21.
(3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
(E) The Signal Mountain Air Pollution Control Ordinance is revised
as shown in the following paragraphs. These revisions were adopted on
March 8, 1993.
(1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 41: Rule 25.2, subparagraph 21.
(3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
(F) The Walden Air Pollution Control Ordinance is revised as shown
in the following paragraphs. These revisions were adopted on adopted
March 9, 1993.
(1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 41: Rule 25.2, subparagraph 33.
(3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
(G) The Lookout Mountain Air Pollution Control Ordinance is revised
as shown in the following paragraphs. These revisions were adopted
March 9, 1993.
(1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 41: Rule 25.2, subparagraph 21.
(3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
[[Page 14637]]
(H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as
shown in the following paragraphs. These revisions were adopted March
16, 1993.
(1) Section 8-302: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 8-341: Rule 25.2, subparagraph 21.
(3) Section 8-341: Rule 21, ``Ambient Air Quality Standards.''
(I) The Collegedale Municipal Code, Title 8, Health and Sanitation,
Chapter 5, Air Pollution Control, is revised as shown in the following
paragraphs. These revisions were adopted April 12, 1993.
(1) Section 8-502: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 8-541: Rule 25.2, subparagraph 33.
(3) Section 8-541: Rule 21, ``Ambient Air Quality Standards.''
(J) The Lakesite Municipal Code, Title 4, Building, Utility,
Housing and Air Pollution Control Codes, Chapter 6, Air Pollution
Control Ordinance is revised as shown in the following paragraphs.
These revisions were adopted March 30, 1993.
(1) Section 2: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 41: Rule 25.2, subparagraph 21.
(3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
(K) The East Ridge City Code, Title 8, Health and Sanitation,
Chapter 7, Air Pollution Control is revised as shown in the following
paragraphs. These revisions were adopted March 11, 1993.
(1) Section 8-702: the following definitions are added: Primary Air
Quality Standards; Secondary Air Quality Standards; Owner or operator
of a demolition or renovation activity; and Best available control
technology (BACT).
(2) Section 8-741: Rule 25.2, subparagraph 21.
(3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
(ii) Other material. None.
[FR Doc. 96-7917 Filed 4-2-96; 8:45 am]
BILLING CODE 6560-50-P
