[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47085-47088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22145]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-126-6580a; FRL-5282-8]
Approval and Promulgation of Implementation Plans; Tennessee:
Approval of Revisions to Permit Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the permit requirements for
major sources of air pollution for the Nashville/Davidson County
portion of the Tennessee State Implementation Plan (SIP). EPA is also
approving the recodification of this chapter. On November 12, 1993, the
State submitted revisions to the Nashville/Davidson portion of the
Tennessee SIP on behalf of Nashville/Davidson County. These were
revisions to the permit requirements for major sources of air
pollution, including revisions to the general definitions, the permit
requirements, and the exemptions. As a supplement to this submittal, on
July 15, 1994, the State also submitted a request that the
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP.
DATES: This final rule will be effective November 13, 1995 unless
adverse or critical comments are received by October 11, 1995. 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 Karen
C. Borel, at the EPA Regional Office listed below. 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 the 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
Bureau of Environmental Health Services, Metropolitan Health
Department, Nashville-Davidson County, 311--23rd Avenue, North,
Nashville, Tennessee 37203
FOR FURTHER INFORMATION CONTACT: Karen C. Borel, 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 x4197. Reference file TN-126-1-6580a.
SUPPLEMENTARY INFORMATION: The State of Tennessee through the Tennessee
Department of Environment and Conservation submitted revisions to the
Nashville/Davidson County portion of the Tennessee SIP to EPA on
November 12, 1993. EPA found these submittals to be complete on January
21, 1994.
A. Permit Requirement Revisions
Nashville/Davidson County officially adopted proposed amendments to
the Chapter 10.56, ``Air Pollution Control'' of the Metropolitan Code
of Laws on September 14, 1993. These regulatory revisions to their
Chapter 10.56 change
[[Page 47086]]
the permit requirements for major air pollution sources. EPA is
approving all of the following revisions except where it is
specifically noted that the proposed revision is not receiving action.
Section 10.56.010--Definitions
Definitions of ``act,'' ``administrator,'' ``major source,''
``permitted allowable emission,'' and ``volatile organic compounds,''
were added. The definition of ``major stationary source'' was deleted.
A definition for ``Regulated Pollutant'' has been added. However,
in response to comments from the EPA this proposed definition is being
revised by the State in accordance with their May 30, 1995, letter from
Mr. John Walton, Technical Secretary of the Tennessee Air Pollution
Control Board, to Mr. Doug Neeley, Chief of the Air Programs Branch of
the Region 4 EPA. Therefore, action on the addition of this definition
will be taken in future rulemaking.
Section 10.56.020--Construction Permits
Paragraphs (I) through (M) were added to clarify the requirements
of their permit program. Paragraph (I) limits the operating time of the
new or modified source to the time specified within the permit, but not
to exceed one hundred and eighty (180) days. It also requires that the
Director be notified of the startup date within five (5) working days
of the startup. Paragraph (J) requires that all of the compliance
testing required by the construction permit must be done in accordance
with the requirements of the SIP and the test results must be submitted
to the Director as required by the SIP. Any failure to demonstrate
compliance will be sufficient grounds for the Director to require
changes in the installation before an operating permit will be granted.
Paragraph (K) gives the Director the right to observe any compliance
tests and to inspect the installation and operation of the equipment.
Paragraph (L) grants the EPA Administrator the right to objection and
comment on any application for a construction permit for a major
source. Paragraph (M) states that eighteen (18) months after receipt of
a complete application for a construction permit the application is
considered final, and becomes the permit, if there has been no action
by the Director.
Section 10.56.030--Temporary Operating Permit
This section was deleted. All of the requirements previously
contained in this section were moved to Sections 10.56.020 and
10.56.040.
Section 10.56.040--Operating Permit
Paragraph (A) was deleted and replaced with a new paragraph (A).
All references to ``temporary operating permits'' have been changed to
``construction permits'' in this new paragraph. A minor revision was
made to paragraph (B) to limit the operating permit to five (5) years,
and paragraphs (C) through (F) were added. Paragraph (C) requires that
applications for operating permits be filed by the operators of any
sources that were operating prior to the effective date of this
regulation. Paragraph (D) grants authority to the Metropolitan Board of
Health to specify any additional permitting requirements. Paragraph (E)
states that any application for a major source operating permit is also
subject to objection and comment by the EPA Administrator. Paragraph
(F) declares that an operating permit application may be declared final
eighteen (18) months after its receipt, if there has not been any
action by the Director.
Section 10.56.050--Exemptions
Nashville has proposed to delete the entire Section 10.56.050
[paragraphs (A) through (D)] and replace it with proposed paragraphs
(A) and (B). The new paragraph (A) restates the same exemptions that
were previously covered in the deleted paragraphs (A) through (D). The
new paragraph (B) states that such quantities of air contaminants which
adversely affect the public shall not be discharged from any source,
regardless of the exemptions listed in the previous paragraph. Proposed
paragraphs (C), (D), and (E) were withdrawn by the State in their
letter of May 30, 1995, from Mr. Walton to Mr. Neeley in response to
comments from the EPA.
Section 10.56.080--Permit Fees
Nashville has deleted the section on permit fees in its entirety.
The proposed replacement Section 10.56.080 was withdrawn by the State
in their letter of May 30, 1995, from Mr. Walton to Mr. Neeley in
response to comments from the EPA.
Section 10.56.120.B.6--Complaint Notice--Hearings Procedure
The length of time to enter a final order or determination, after
final argument, was changed from sixty days to ninety days.
Section 10.56.210--Hazardous Air Pollutants
The definition was deleted, and a new definition was added. The new
section defines ``Hazardous Air Pollutants'' in accordance with Section
112 of the Clean Air Act, as amended in 1990 (CAA). This new definition
will be used in the issuance of synthetic minor operating permits.
Section 10.56.290--Measurement and Reporting of Emissions
The old title, ``Measurement of Air Contaminants,'' was deleted and
the new title was added. Subparagraph 10.56.290.B.3 was added to
provide the requirements for notification of compliance tests.
Section 10.56.290.E--Emissions Statement
In this paragraph Nashville/Davidson County requires an annual
emissions report from all permitted facilities in accordance with the
permitting requirements of Sections 10.56.020 and 10.56.040. In these
sections, all sources that emit any regulated air pollutant are
required to obtain a permit.
Section 10.56.310--Severability
This section was added to the SIP to address severability. In this
new section it is stated that all other provisions of this ordinance
will remain in full force and effect in the case where a court declares
another section unconstitutional, illegal, or unenforceable.
B. Recodification
On July 15, 1994, the State submitted a request that the
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP. The Code of Laws of the
Metropolitan Government of Nashville and Davidson County, Tennessee was
recodified from Chapter Four, Subchapter One, into new Chapter 10.56,
on August 21, 1991. In this document EPA is approving the
recodification.
Final Action
EPA is fully approving the submitted revisions to the Nashville/
Davidson County portion of the Tennessee SIP, with the exception of the
definition of ``regulated pollutant'' in Section 10.56.010 on which
action is not being taken in this rulemaking. EPA is also fully
approving the recodification of the Air Pollution Control section of
the Nashville/Davidson County portion of the Tennessee SIP, as
submitted on July 15, 1994. EPA has not reviewed the substance of the
remaining regulations, other than those submitted for revision on
November 12, 1993. These rules were approved into the SIP in previous
rulemakings. The EPA is now merely approving the renumbering system
submitted by the State. The EPA's
[[Page 47087]]
approval of the renumbering system at this time 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 recodification, EPA
will continue to require the State to correct any such rule
deficiencies despite EPA's approval of this recodification.
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 November 13, 1995 unless, within 30 days of its publication,
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 November 13, 1995.
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 November 13, 1995.
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 with jurisdiction over populations of less than
50,000.
SIP Actions
SIP approvals and partial 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 Section 110 of 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
Air pollution control, Carbon monoxide, Incorporation by reference,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 9, 1995.
Patrick M. Tobin,
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)(131) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(131) On November 12, 1993, 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 permit requirements for major sources of air pollution,
including revisions to the general definitions, the permit
requirements, and the exemptions. As a supplement to this submittal, on
July 15, 1994, the State also submitted a request that the
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP. These revisions and
recodification incorporate changes to Nashville's Chapter 10.56, which
was previously Chapter 4-1-1, which are required in the Clean Air Act
as amended in 1990 and 40 CFR part 51, subpart I.
(i) Incorporation by reference.
Code of Laws of the Metropolitan Government of Nashville and
Davidson County, Tennessee, Chapter 10.56, Air
[[Page 47088]]
Pollution Control, effective November 10, 1993, except for the
following parts:
(A) Section 10.56.010, the definition of ``regulated pollutant'';
(B) Section 10.56.040, Paragraph (F);
(C) Section 10.56.050, Paragraphs (C), (D) and (E);
(D) Section 10.56.080.
(ii) Other material. None.
[FR Doc. 95-22145 Filed 9-8-95; 8:45 am]
BILLING CODE 6560-50-P
