[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39332-39334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN 119-1-6379a; TN 172-1-9639a; FRL-5539-9]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Tennessee State Implementation Plan
Regarding Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving revisions to the Tennessee State
Implementation Plan (SIP) submitted by the State of Tennessee on
September 1, 1993, and June 10, 1996. These revisions pertain to the
Construction Permit chapter. The purpose of these revisions is to
correct certain deficiencies to satisfy the requirements of the Clean
Air Act (CAA) concerning Prevention of Significant Deterioration (PSD).
DATES: This final rule is effective September 12, 1996 unless notice is
received by August 28, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Scott M. Martin,
Regulatory Planning and Development Section, Air Programs Branch, Air,
Pesticides & Toxics Management Division, Region 4 Environmental
Protection Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365.
Copies of the 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 appropriate office at least 24 hours
before the visiting day.
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 Department of Environment and Conservation, Division of Air
Pollution Control, 9th Floor L & C Annex, 401 Church Street, Nashville,
Tennessee 37243-1531.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555 extension 4216.
SUPPLEMENTARY INFORMATION: On September 1, 1993, and June 10, 1996, the
State of Tennessee submitted revisions to chapter 1200-3-9-.01
``Construction Permits'' of the Tennessee SIP to correct certain
deficiencies to satisfy the requirements of the CAA concerning PSD.
The revisions to chapter 1200-3-9-.01 ``Construction Permits''
contained in the September 1, 1993, submittal are as follows:
1. Subparagraphs (c), (d), (e), (f), (g), and (h) were added to
paragraph (1) ``Application for Construction Permit.'' These
subparagraphs were added to incorporate the requirements of Subpart I--
Review of New Sources and Modifications as published in the Code of
Federal Regulations (40 CFR part 51) specifically addressing legally
enforceable procedures and the public availability of information on
permit applications.
2. Paragraph (2) ``Definitions'' was amended to add definitions for
the terms ``Control strategy,'' ``National ambient air quality
standard,'' ``Best available control technology (BACT),'' and ``Lowest
achievable emission rate (LAER).'' These definitions are consistent
with requirements of 40 CFR part 51, Subpart I--Review of New Sources
and Modifications.
3. Paragraph (4) ``Prevention of Significant Air Quality
Deterioration'' was amended to clarify applicability.
The following definitions were amended:
``Major stationary source'';
``Major modification'';
``Net emission increases'';
``Building, structure, facility, or installation'';
``Pollutant'';
``Baseline area'';
``Baseline date'';
``Baseline concentration'';
``Secondary emissions'';
``Innovative control technology'';
``Fugitive emissions''; and
``Significant''.
The following definitions were added:
``Volatile Organic Compound (VOC)'';
``Dispersion technique''; and
``Good engineering practice (GEP).''
These definitions are consistent with requirements of 40 CFR part
51, Subpart I--Review of New Sources and Modifications. Requirements
relating to the control of nitrogen oxides (NOX) emissions as well
as requirements which were necessary to maintain delegation of
authority of the PSD programs were added.
The revisions to chapter 1200-3-9-.01 ``Construction Permits''
contained in the June 10, 1996, submittal are as follows:
1. Subparagraph (f) of paragraph (4) was amended by deleting
standards for Total Suspended Particulates (TSP) and replacing them
with standards for PM10.
2. Subparagraph (b) of paragraph (2) was amended by adding language
to the definition of ``Control Strategy'' stating that a prohibition of
a fuel or fuel additive used in motor vehicles may be implemented if
necessary to achieve a primary or secondary air standard.
3. Subparagraph (e) of paragraph (2) was amended by deleting the
terms ``major'' and ``or major modifications'' from the definition of
``Lowest achievable emission rate (LAER).''
4. Part 1. of subparagraph (a) of paragraph (4) was amended by
changing the phrase ``shall be constructed'' to ``shall begin actual
construction.''
5. Subparagraph (b) of paragraph (4) was amended by adding the
definition for ``Welfare.''
6. Part 7. of subparagraph (b) of paragraph (4) was amended by
adding the phrase ``except the activities of any
[[Page 39333]]
vessel'' to the first line in the definition of ``Building, structure,
facility, or installation.''
7. Subparts (iii), (vi), and (vii) of Part 7. of subparagraph (e)
of paragraph (4) were amended by inserting the phrase ``the Technical
Secretary determines'' to replace the words ``it is determined'' or
``it can be determined.''
8. Part 1. of subparagraph (n) of paragraph (4) was amended by
deleting the word ``significantly'' from the second sentence.
9. Part 2. of subparagraph (o) of paragraph (4) was amended by
making corrections to the introductory paragraph to be consistent with
the Federal rule.
10. Miscellaneous typographical errors were corrected throughout
the chapter.
Final Action
EPA is approving the above referenced revisions to the Tennessee
SIP because they meet the requirements of 40 CFR part 51, subpart I--
Review of New Sources and Modifications. This action is being taken
without prior proposal because the EPA 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 on September 12, 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 this action serving as a
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 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 (60 days from date of
publication). 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 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 section 110 of the CAA.
These rules may bind State, local and tribal governments to perform
certain duties. EPA has examined whether the rules being approved by
this action will impose any mandate upon the State, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector. EPA's
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. Therefore, 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.
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APAA) 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 the 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
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.
[[Page 39334]]
Subpart RR--Tennessee
2. Section 52.2220 is amended by adding paragraph (c)(137) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(137) Revisions to the State of Tennessee Air Pollution Control
Regulations submitted by the Tennessee Department of Environment and
Conservation on September 1, 1993, and June 10, 1996. These consist of
revisions to Chapter 1200-3-9-.01 CONSTRUCTION PERMITS.
(i) Incorporation by reference.
(A) Chapter 1200-3-9-.01 CONSTRUCTION PERMITS of the Tennessee
Department of Environment and Conservation which became state effective
August 18, 1996.
(ii) Other material. None.
* * * * *
[FR Doc. 96-19202 Filed 7-26-96; 8:45 am]
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