[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39326-39329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19143]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-113-6768a; TN-122-6767a; TN-133-6568a; TN-138-6766a; TN-163-9625a;
TN-170-9630a; FRL-5529-5]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Tennessee SIP and the Nashville/Davidson
County Portion of the Tennessee SIP Regarding Nitrogen Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is acting on revisions to the Tennessee
State Implementation Plan (SIP) submitted to EPA by Tennessee, through
the Tennessee Department of Air Pollution Control (TDAPC) which add a
new chapter to the Nashville/Davidson County and the State portion of
the Tennessee SIP for the control of nitrogen oxide (NOX)
emissions. Only the portions of the Tennessee NOX rule necessary
for the approval of Tennessee's ozone redesignation request are being
approved in this notice. EPA is granting an exemption to the area under
182(f) of the Clean Air Act (CAA) from NOX Reasonably Available
Control Technology (RACT) requirements in a separate action. The only
sources which will be subject to this rule are tangentially-fired coal
burning boilers which have a heat input capacity in excess of 600
million BTU per hour in the five county Nashville ozone nonattainment
area.
DATES: This final rule is effective September 27, 1996 unless adverse
or critical comments are received by August 28, 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 files TN113-01-6768, TN122-01-6767, TN133-01-
6568, TN138-01-6766, TN163-01-9625, and TN170-01-9630. 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.
[[Page 39327]]
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: Tennessee submitted the State's NOX
chapter (1200-3-27) for incorporation into the State's portion of the
Tennessee SIP in submittals dated June 14, 1993, (reference file TN113-
01-6768) and May 26, 1994, (reference file TN133-01-6568). The State
then submitted revisions to chapter 1200-3-27 on July 29, 1994,
(reference file TN138-01-6766), February 23, 1996, (reference file
TN163-01-9625), and April 29, 1996, (reference file TN170-01-9630).
Tennessee submitted the NOX chapter (Regulation Number 14) for the
Nashville/Davidson County portion of the Tennessee SIP on September 28,
1993, (reference file TN122-01-6767). EPA is acting only on the
portions of these submittals necessary for the approval of the
Nashville ozone redesignation request. EPA is granting an exemption
from NOX RACT requirements for the five county nonattainment area
under 182(f) of the CAA. It is necessary for approval of the Nashville
ozone redesignation request to approve control measures into the SIP
for tangentially-fired coal burning boilers since some NOX
reductions were obtained from these sources prior to the attainment of
the ozone standard in the area. The rules are being approved into the
SIP as discussed below.
State of Tennessee NOX Chapter: Chapter 1200-3-27 ``Nitrogen
Oxides''
1200-3-27-.01 ``Definitions'': This section contains the
definitions for facility and nitrogen oxides and states that the
definitions in the Volatile Organic Compound chapter will apply to
terms not defined in chapter 1200-3-27. This section is being approved
into the Tennessee SIP.
1200-3-27-.02 ``General Provisions and Applicability'': This rule
contains six paragraphs. Paragraph (1) states that the standards and
requirements of rule 1200-3-27 will apply to certain sources of
nitrogen oxides. Paragraph (2) states that a more stringent emission
limit than otherwise specified may be established. Paragraph (3) states
that nothing in this chapter shall be used to exempt sources from
meeting other applicable requirements. Paragraph (4) prevents sources
from concealing emissions. Paragraph (5) requires sources to pay costs
associated with publishing required legal notices for source specific
compliance requests. EPA is approving the above paragraphs into the
Tennessee SIP. Paragraph (6) contains the emissions statement
requirement for NOX. In an amendment dated February 23, 1996, the
State proposed to remove Knox county from the emissions statement
requirement. Since Knox county applied for redesignation to attainment
for ozone prior to November 14, 1992, and since the State demonstrated
that the elimination of this requirement will not adversely affect the
area's maintenance of the ozone standard, EPA is approving the
emissions statement without Knox County in the applicability portion.
1200-3-27-.03 ``Standards and Requirements'': Paragraph (1) gives
the applicability requirements for NOX emission standards.
Subparagraph (1)(a) requires all sources located in the five county
ozone nonattainment area which have the potential to emit 100 tons per
year (tpy) or more of NOX to apply RACT. EPA is not approving
subparagraph (1)(a) into the Tennessee SIP. Subparagraph (1)(b)
requires all tangentially-fired coal burning boilers located in the
five county ozone nonattainment area with a heat input capacity in
excess of 600 million BTU per hour to not allow emissions of NOX
from that boiler in excess of 0.45 pounds per million BTU on a 30-day
rolling average. EPA is approving paragraph (1) and subparagraph (1)(b)
of this section into the Tennessee SIP.
Paragraph (2) states that for the purpose of determining
applicability to paragraph (1)(a), the NOX emissions from all
process emission sources and fuel burning equipment shall be totaled.
Paragraph (2) is not being approved into the Tennessee SIP because it
applies only to those sources subject to subparagraph (1)(a), which is
also not being approved into the SIP.
Paragraph (3) determines the compliance schedules for sources
subject to this chapter. Subparagraph (3)(a) contains the compliance
schedule for tangentially-fired coal burning boilers and is therefore
being approved into the Tennessee SIP. Subparagraph (3)(b) contains the
compliance schedule for the other sources subject to this rule and is
not being approved into the Tennessee SIP.
Paragraph (4) exempts certain sources from the requirements of
chapter 1200-3-27. This does not affect those sources subject to rule
1200-3-27-.03(1)(b) which are being approved into the SIP. Therefore,
EPA is not approving paragraph (4) into the SIP.
Nashville/Davidson County NOX Rule: Regulation Number 14--
``Regulation for the Control of Nitrogen Oxides''
Section 14-1 ``Definitions'': This section gives definitions for
terms used in this chapter and states that the definitions in Chapter
10.56.010 which is the definitions section of the Nashville/Davidson
County Air Pollution Control Chapter shall be used to define terms not
defined in this section. EPA is approving this section into the
Nashville/Davidson County portion of the Tennessee SIP.
Section 14-2 ``Emission Standards'': Paragraph (b) requires
tangentially-fired coal burning boilers in excess of 600 million BTU
per hour to not allow emissions from that boiler to exceed 0.45 pounds
per million BTU on a 30-day rolling average. EPA is approving this
paragraph (b) of this section into the SIP. The other paragraphs of
this section contain requirements for other sources and at this time
are not necessary to be SIP approved. Therefore, EPA is not approving
the other paragraphs into the SIP at this time.
Section 14-3 ``Procedure for Determining RACT'': Since EPA is
granting an exemption for Davidson County from NOX RACT
requirements in a separate action, this section is not being approved
into the SIP.
Section 14-4 ``Recordkeeping and Reporting Requirements'': This
section gives the recordkeeping and reporting requirements for this
regulation. EPA is approving this section into the SIP.
Section 14-5 ``Compliance Schedule'': This section contains the
compliance schedule for sources subject to this rule. EPA is approving
this section into the SIP.
As stated in the approval of the NOX RACT exemption request,
until the five county middle Tennessee ozone nonattainment area is
designated attainment, the continuation of the section 182(f) exemption
granted is contingent upon continued monitoring and continued
maintenance of the O3 NAAQS in the entire Middle Tennessee
nonattainment area. If there is a violation of the O3 NAAQS in any
portion of the Middle Tennessee nonattainment area, the exemption will
no longer be applicable as of the date of any such determination. A
determination that the NOX exemption no longer applies would mean
that the NOX RACT requirement is immediately applicable to the
affected area. EPA believes some reasonable period of notice is
necessary to provide major stationary sources subject to the RACT
requirement time to purchase, install, and operate any required
controls.
[[Page 39328]]
Accordingly, the State may provide sources a reasonable time period to
meet the RACT emission limits after the EPA determination that NOX
RACT requirement is necessary. EPA expects the time period to be as
expeditious as practicable, but in no case longer than 24 months. The
approval of this exemption from federal NOX requirements in no way
exempts sources from any NOX controls required by the State.
Final Action
The EPA is approving the aforementioned revisions to 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 27, 1996 unless, by August 28, 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 27, 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 27, 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 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.
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of this rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: June 14, 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 (c)(139) to read as
follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides''
submitted by the Tennessee Department of Air Pollution Control (TDAPC)
to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29,
1994, February 23, 1996.
(i) Incorporation by reference.
(A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-
3-27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3)
introductory sentence, (3)(a), effective as of October 28, 1995.
[[Page 39329]]
(B) Nashville/Davidson County regulation number 14 ``Regulation for
the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b);
Section 14-4; Section 14-5; adopted on August 10, 1993.
(ii) Other material. None.
[FR Doc. 96-19143 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P
