[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38390-38392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18646]
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[[Page 38391]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-173-9637a; FRL-5538-2]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Source Specific Nitrogen Oxide Permits Into the Tennessee
State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this action, EPA is approving two source specific permits
into the Tennessee State Implementation Plan (SIP) submitted to EPA by
Tennessee, through the Tennessee Department of Air Pollution Control
(TDAPC) which limit nitrogen oxide (NOX) emissions for certain
engines at the Tenneco Energy Portland facility located in Sumner
County, Tennessee. These permits are necessary because NOX
reductions from the Tenneco Energy Portland facility were used in
calculating the NOX emissions projections in the maintenance plan
for the Middle Tennessee ozone nonattainment area. EPA is proposing
approval of the ozone redesignation request in a separate action.
DATES: This final rule is effective September 23, 1996 unless adverse
or critical comments are received by August 23, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to
William Denman at the Environmental Protection Agency, Region 4 Air
Programs Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365.
Copies of documents relative to this action are available for public
inspection during normal business hours at the following locations. The
interested persons wanting to examine these documents should make an
appointment with the appropriate office at least 24 hours before the
visiting day. Reference file TN173-01-9637. The Region 4 office may
have additional background documents not available at the other
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, William Denman, 404/347-
3555 extension 4208.
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, L & C Annex, 9th Floor, 401 Church Street,
Nashville, Tennessee 37243-1531, 615/532-0554.
FOR FURTHER INFORMATION CONTACT: William Denman 404/347-3555 extension
4208.
SUPPLEMENTARY INFORMATION: On May 31, 1996, Tennessee, through the
Tennessee Department of Air Pollution Control (TDAPC), submitted to EPA
for incorporation into the SIP, two permits which limit nitrogen oxide
(NOX) emissions for certain engines at the Tenneco Energy Portland
facility located in Sumner County, Tennessee. The permits contain
requirements and emission limits for reciprocating engines and
auxiliary generators which are used for the purpose of pumping natural
gas.
The first permit (#045022F) was issued to the Midwestern Gas
Transmission Company, Compressor Station 2101 which operates 3
Ingersoll Rand KVS-412 (2000 horsepower [hp]), 1 Ingersoll Rand KVT-512
(3000 hp), and 1 Cooper-Bessemer 8V-250 (2700 hp) reciprocating engines
at the Portland facility. This operating permit contains a provision
which requires clean-burn retrofit to be utilized on Ingersoll-Rand
KVS-412 engine 1A and Cooper-Bessemer 8V-250 engine 5A. Engine 1A is
required to have an emission rate not exceeding 18.01 grams per hp-hour
and engine 5A is required to have an emission rate not exceeding 8.55
grams per hp-hour.
The second permit (#045025F) was issued to Tennessee Gas Pipeline
which operates 33 Cooper-Bessemer two-cycle reciprocating engines with
a total of 49,700 hp and 7 Ingersoll Rand four-cycle auxiliary
generators with a total of 2,704 hp. This permit prohibits engine
number three (Cooper-Bessemer 16V-250 rated at 550 hp) from operating
without installing a clean-burn retrofit modification and limits the
emission rate to not exceed 3.6 grams per hp-hour. Also, this permit
requires that parametric controls be used on engines 1 and 2 (Cooper-
Bessemer GMWC-10 rated at 3400 hp each) and limits the emission rate of
these engines to 37.3 grams per hp-hour.
The NOX controls and limits in these two permits must be
approved into the Tennessee SIP prior to the approval of the Middle
Tennessee ozone redesignation request because NOX reductions from
the Tenneco Energy Portland facility were used in calculating the
NOX emissions projections in the maintenance plan for the Middle
Tennessee ozone nonattainment area.
These permits, which provide NOX emission controls, are not
being approved as meeting the NOX Reasonably Available Control
Technology (RACT) requirements of the Clean Air Act (CAA) because EPA
is granting a NOX RACT exemption for the Middle Tennessee ozone
nonattainment area under 182(f) of the CAA in a separate action. If the
Middle Tennessee ozone nonattainment area violates the ozone standard
prior to the final approval of the ozone redesignation request, the
NOX RACT exemption will become void and all major NOX sources
located in the nonattainment area will be subject to the federal
NOX RACT requirements of the CAA.
Final Action
The EPA is approving the aforementioned permits into the Tennessee
SIP because they are consistent with the CAA and EPA policy. This rule
making is being published without a prior proposal for approval 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 September 23, 1996 unless, by August 23, 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 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 September 23, 1996.
Under section 307(b)(1) of the Clean Air Act (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
September 23, 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
[[Page 38392]]
307(b)(2) of the CAA, 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. 601 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) 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 182 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 any new requirements. Since such sources are already
subject to these regulations under State law, no new requirements are
imposed by this approval. 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: July 2, 1996.
A. Stanley Meiburg,
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)(142) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(142) Addition of two source specific nitrogen oxide (NOx) permits
for certain engines at Tenneco Energy's Portland facility located in
Sumner County, Tennessee, submitted by the Tennessee Department of Air
Pollution Control (TDAPC) to EPA on May 31, 1996.
(i) Incorporation by reference.
(A) Operating Permit number 045022F, approved on May 31, 1996,
except conditions 2, 3, 6, and 7.
(B) Operating Permit number 045025F, approved on May 31, 1996,
except conditions 2, 4, and 5.
(ii) Other material. None.
[FR Doc. 96-18646 Filed 7-23-96; 8:45 am]
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