[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43104-43109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21270]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-178-02-9724a; TN-179-01-9723a; FRL-5871-9]
Approval and Promulgation of Implementation Plans; Tennessee:
Approval of Revisions to the Chattanooga/Hamilton County Portion
Regarding Prevention of Significant Deterioration (PSD), Nitrogen
Oxides, Lead Emissions, Volatile Organic Compounds (VOC), and
PM10 Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Chattanooga/Hamilton County
(Chattanooga) portion of the Tennessee State Implementation Plan (SIP)
which were submitted to EPA by Tennessee, through the Tennessee
Department of Air Pollution Control (TDAPC), on December 11, 1995, and
June 26, 1996. The EPA is approving these revisions to the Chattanooga
regulations regarding nitrogen oxides, prevention of significant
deterioration (PSD), lead sources, stack heights, infectious waste
incinerators, and volatile organic compounds (VOC) reasonably available
control technology (RACT) for miscellaneous metal parts coaters and
synthesized pharmaceutical products, and PM10. At the time
of the submittal, Chattanooga/Hamilton County submitted packages from
the City of Chattanooga, Hamilton County, and the nine other
municipalities in Hamilton County. The State has certified to EPA that
the substantive codes of the County and the nine municipalities are
essentially the same as the City of Chattanooga's. Therefore EPA's
review has been limited to the City's code.
DATES: This final rule is effective October 14, 1997 unless adverse or
critical comments are received by September 11, 1997. 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 Environmental Protection Agency, Region 4 Air Planning
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. 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.
[[Page 43105]]
Reference files TN-178-02-9724, and TN-179-01-9723. 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 Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303, Karen C. Borel, 404/562-
9029.
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.
Chattanooga/Hamilton County Air Pollution Control Bureau, 3511
Rossville Boulevard, Chattanooga, Tennessee 37407-2405, 615/867-4321.
FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.
SUPPLEMENTARY INFORMATION: On December 11, 1995, and June 26, 1996, the
State of Tennessee submitted formal revisions to the Chattanooga/
Hamilton County portion of the SIP. EPA previously approved several
portions of the December 11, 1995, submittal which were required for
Chattanooga/Hamilton County's Federally enforceable local operating
permit (FELOP) program submittal. This approval was published on
February 18, 1997 (62 FR 7160). At that time, EPA also approved
Chattanooga/Hamilton County's FELOP program pursuant to section 112 of
the Clean Air Act as amended in 1990 (CAA).
EPA is approving the revisions described herein, with the exception
of revisions to Section 4-13(b)(6) and Section 4-41, Rule 6.3(2). These
revisions deal exclusively with fees which are collected by the local
agency. The collection of fees is not part of the Federally approved
SIP, therefore, EPA will take no action on these portions of the
December 11, 1995, submittal (reference file TN 178-2). EPA is also
approving revisions to Section 4-41, Rule 25.21(6) for the surface
coating of miscellaneous metal parts and products which corrects a
previous disapproval of this rule. The previous disapproval was
published on May 8, 1990, in 55 FR 19068. This rule was disapproved at
that time because the 100 tpy limit was less stringent than the State's
regulations and was not adequate to maintain the NAAQS in Chattanooga/
Hamilton County. This level has now been revised to 25 tpy and is
approvable.
EPA is therefore approving the following revisions, as summarized
in the paragraphs below. These revisions apply only to the Chattanooga/
Hamilton County's portion of the Tennessee SIP, not the State's SIP. In
any areas where the Chattanooga/Hamilton County SIP is less stringent
or has been disapproved, the State SIP applies. All codification
references are to the City of Chattanooga's Code.
The following revisions are those included in the December 11,
1995, submittal (reference file TN 178-02). These are the revisions on
which action was not taken in the aforementioned February 18, 1997,
notice.
1. Chapter 4, Section 4-13, Certificate of Alternate Control
This section has been revised for sources who apply for and receive
a ``certificate of alternate control'' in lieu of satisfying otherwise
applicable standards of the air pollution control chapter. VOCs have
been added to the list of pollutants that a source with this
certificate may not emit in excess of the limits on their certificate.
The section has also been revised to state that the rated capacity of
the source does not change for incinerators. The phrase ``the plant''
has been changed to ``source'' throughout this section. Some additional
specific revisions to subparagraphs of the section are noted below.
Section 4-13(b)(1).--``Specific sources'' have been changed to
``emissions units.'' This section now requires that the calculations to
determine equivalence to standards limiting the pounds of VOCs per
gallon of material shall be on the basis of equivalent solids applied.
Additionally, credit for reductions of fugitive emissions is no longer
allowed.
Section 4-13(b)(3)--Formerly, modeling techniques for the source
could be approved at the discretion of the director. This has been
deleted. These techniques must now be consistent with 40 CFR part 51,
Appendix W ``Guideline on Air Quality Models.''
Section 4-13(c)--The requirement to submit alternate emission
limitations and certificate conditions to the EPA for approval has been
added to this section, as part of the process of submitting this for
incorporation into the SIP.
Section 4-13(d)--This section has been revised to apply good
engineering practice stack heights on all stack changes associated with
the alternate control limitations for particulate matter, sulfur
dioxide, carbon monoxide, and nitrogen dioxide.
Section 4-13(e)(2)--This section has been revised to require that
all pollution control equipment be kept in good operating condition at
all times. The exceptions for periods of start-up, shutdown, and
malfunctions, have been deleted.
Section 4-13(j)--The certificate, in the instance of amended
regulations covering the source on the certificate, will now become
void ninety days after the source's receipt of notice of the revised
regulations. This was previously 180 days.
2. Section 4-41, Rule 2, Regulations of Nitrogen Oxides
Rule 2.4--This rule has been revised to eliminate the phrase ``air
contaminant'' when describing ``source'' and to note that ``portland
cement plants'' and ``emergency generators'' are not regulated by this
rule, but rather by rules 2.6 and 2.7, respectively.
Rule 2.6--This rule has been added to address the nitrogen oxides
emissions limit for portland cement plants. It reads as follows:
``No portland cement plant shall cause, suffer, allow or permit
the emission of nitrogen oxides in excess of one thousand five
hundred (1500) ppm produced when averaged over any three consecutive
hour period.''
Rule 2.7--This rule has been added to address the nitrogen oxides
emission limit for emergency generators. An emergency generator that
emits more than one thousand five hundred (1500) parts per million
cannot be operated consecutively for longer than five (5) days, or for
more than a total of twenty (20) days in any calendar year. If a source
does this they must demonstrate to the director with clear and
convincing evidence that reasonable unforeseeable events beyond the
control of the source require use of the emergency generator for an
additional period of time. The source must also maintain written
records during these times.
3. Section 4-41, Rule 16.5, Emission Standards for Source Categories of
Area Sources
This rule has been added to address the emission standards for
source categories of area sources. It defines an ``area source'' for
the purposes of Rule 16.5 as any stationary source that is not a
``major source.'' It also states that the emission standards in Rule 16
do not replace the requirements of any more stringent emission
limitations. It identifies the requirements for hazardous air
pollutants as those found
[[Page 43106]]
in 40 CFR part 63. It also states that this rule must be consistent
with any enforceable agreement with the Administrator, unless the
source has been released from that agreement.
4. Section 4-41, Rule 18, Prevention of Significant Air Quality
Deterioration (PSD)
Citations throughout Rule 18 have been revised in accordance with
the changes in codification resultant from the revisions to the ``PSD
rule.''
Rule 18.1, General provisions--This rule has been revised to limit
the length of an extension of an installation permit to an additional
eighteen (18) months after the completion date specified on the
installation permit. It has also revised the title of the permit from
``construction permit'' to ``installation permit.'' Also, for phased
construction projects, the determination of best available control
technology shall be reviewed and modified no later than 18 months prior
to the commencement of construction of each independent phase of the
project.
Rule 18.2, Definitions--The definitions for the following terms
have been added or revised and are equivalent to the definitions in 40
CFR 51.100, 51.165 and 51.166: Actual emissions; Allowable emissions;
Baseline area; Baseline concentration; Major source baseline date;
Minor source baseline date; Begin actual construction; Best available
control technology (BACT); Building, structure, facility or
installation; Emissions unit; Major stationary source; Significant; Net
emissions increase; Potential to emit; Secondary emissions; Volatile
organic compounds; Electric utility steam generating unit; Pollution
control project; Representative actual annual emissions; Clean coal
technology; Temporary clean coal technology; Repowering; Reactivation
of a very clean coal-fired electric utility steam generating unit; and
Control strategy.
Rule 18.2(q)--The definition of ``legally enforceable'' has been
revised to meet Federal requirements and reads as follows: ``Legally
enforceable means all limitations and conditions which are enforceable
under local, state, or federal law, including those under this chapter
or an implementation plan, and any permit or certificate of operation
requirements established pursuant to this chapter.''
Rule 18.2(x)--The definition of ``pollutant'' has been added as
follows: ``Pollutant means any air contaminant as defined in section 4-
2 or combination of such air contaminants, including any physical,
chemical, biological, or radioactive (including source material,
special nuclear material, and byproduct material) air contaminant which
is emitted into or otherwise enters the ambient air. Such term includes
any precursors to the formation of any such air contaminants, to the
extent the U.S. Environmental Protection Agency has identified such
precursor or precursors for the particular purpose for which the term
``pollutant'' is used.''
Rule 18.2(dd)--The definition of ``welfare'' has been added as
follows: ``Welfare means any effects on soils, water, crops,
vegetation, manmade materials, animals, wildlife, visibility, weather
and climate, damage to and deterioration of property, and hazards to
transportation, as well as effects on economic values and on personal
comfort and well-being, whether those effects are caused directly or by
transformation, conversion, or combination with other air pollutants.''
Rule 18.3(d)--This rule has been revised to change the exemption to
preconstruction air quality analysis for a proposed major stationary
source or major modification whose emissions increases causes air
quality impacts of less than 10 ug/m3 for PM10
rather than total suspended particulates. This rule has also been
revised to add the amount of VOCs impacting ozone formation that may be
exempted. Previously this stated that ``no de minimis level
established.'' This has been revised to add to that definition as
follows: ``but any net increase of 100 tons/year or more of volatile
organic compounds subject to the PSD rule may not be exempted from
ambient impact analysis as required by Rule 18.4(I).'' (Rule 18.4(I)
contains the requirements for the air quality analysis.)
Rule 18.3(f)--This requirement has been added in accordance with 40
CFR 51.166(f)(iii) to clarify source impact analysis as follows:
``Source impact analysis otherwise required by Rule 18.4 does not apply
to a stationary source or modification with respect to any maximum
allowable increase for nitrogen oxides if the owner or operator of the
source or modification submitted an installation and temporary
operating permit application before the provisions embodying the
maximum allowable increase took effect as part of this chapter and the
director subsequently determined that the application was submitted
before that date was complete.''
Rule 18.4(a)--This paragraph has been modified to reference the PSD
rule rather than ``appropriate enforcement actions.''
Rule 18.4(b)--This paragraph has been added to state that ``A major
stationary source or major modification shall meet the most stringent
of each applicable emissions limitation in the chapter and the
applicable emissions standard under section 4-41, Rules 15 and 16.''
(Rules 15 and 16 are their incorporation by reference of the
requirements of 40 CFR parts 60 and 61.)
Rule 18.4(e)--This paragraph has been added to address BACT review,
in accordance with 40 CFR 51.166(j)(4).
Rule 18.4(g)--This paragraph has been modified to add subparagraph
(2) to address source impact analysis for stationary sources or
modifications for increases in PM10, in accordance with 40
CFR parts 51.166 (d) and (k).
Rule 18.4(h)--This paragraph has been modified to address
additional requirements for submitting applications for sources
impacting Federal Class I areas. A copy of the permit is required to be
sent to the Federal Land Manager. The copy of the permit must be sent
within 30 days of the application, and at least 60 days before any
public hearings. The notification must include an analysis of the
proposed source's impact on visibility in the Federal Class I area.
These requirements are consistent with those in 40 CFR 51.166(p).
Rule 18.6(b)--Class I areas: The ambient air increments for TSP
have been deleted and replaced with the ``Maximum allowable increase''
for PM10. The ``annual geometric mean'' for TSP, formerly 5
ug/m3, is now an ``annual arithmetic mean'' for
PM10 of 4 ug/m3. The ``24-hour maximum'' of 10
ug/m3 for TSP has been deleted and replaced with a 24-hour
maximum of 8 ug/m3 for PM10. The ``Annual
arithmetic mean'' for Nitrogen Dioxide has also been added. This is set
at 2.5 ug/m3.
Class II areas: The ambient air increments for TSP have been
deleted and replaced with the ``Maximum allowable increase'' for
PM10. The ``annual geometric mean'' for TSP, formerly 19 ug/
m3, is now an ``annual arithmetic mean'' for PM10
of 17 ug/m3. The ``24-hour maximum'' of 37 ug/m3
for TSP has been deleted and replaced with a 24-hour maximum of 30 ug/
m3 for PM10. The ``Annual arithmetic mean'' for
Nitrogen Dioxide has also been added. This is set at 25 ug/
m3.
Class III areas: The ambient air increments for TSP have been
deleted and replaced with the ``Maximum allowable increase'' for
PM10. The ``annual geometric mean'' for TSP, formerly 37 ug/
m3, is now an ``annual arithmetic mean'' for PM10
of 34 ug/m3. The ``24-hour maximum'' of 10 ug/m3
for TSP has been deleted and replaced with a 24-hour maximum of 60 ug/
m3 for PM10. The ``Annual arithmetic
[[Page 43107]]
mean'' for Nitrogen Dioxide has also been added. This is set at 50 ug/
m3.
These changes were made in accordance with the requirements of 40
CFR 51.166(c).
Rule 18.6(c)--The exclusions from increment consumption have been
revised to add an exclusion for ``the increase in concentrations
attributable to new sources outside the United States over the
concentrations attributable to existing sources which are included in
the baseline concentration.''
Rule 18.6(d)--The Class I variances have been revised. The maximum
allowable increase has been changed by deleting those previously
allowed for TSP and adding them for PM10. The ``annual
geometric mean'' for TSP, formerly 19 ug/m3 is now an
``annual arithmetic mean'' for PM10 of 17 ug/m3.
The ``24-hour maximum'' of 37 ug/m3 for TSP has been deleted
and replaced with a 24-hour maximum of 30 ug/m3 for
PM10. The ``Annual arithmetic mean'' for Nitrogen Dioxide
has also been added. This is set at 25 ug/m3. This is
consistent with the requirements of 40 CFR 51.166(p)(4).
Rule 18.6 (e) and (f)--A sulfur dioxide variance, by the Governor,
has been added to this rule, along with emission limitations for
Presidential or gubernatorial variances. These are consistent with 40
CFR 51.166(p) (5) and (6).
5. Section 4-41, Rule 20.4(2)d
This rule has been revised to delete the phrase ``that are removed
during surgery and autopsy'' when referring to human pathological
waste.
6. Section 4-41, Rule 21
``Table 1'' has been renamed as ``Table I.'' The Primary standards
for TSP have been deleted. The secondary standard of 60 ug/
m3 has also been deleted, leaving the secondary standard of
150 ug/m3 in place. The primary standards for gaseous
fluorides have been deleted, leaving in place only the secondary
standards.
7. Section 4-41, Rule 25.2(33)
The definition of VOCs has been revised to add the phrase ``which
participates in atmospheric photochemical reactions.''
Parachlorobenzotrifluoride (PCBTF) and cyclic, branched, or linear
completely methylated siloxanes have been added to the list of exempt
compounds.
8. Section 4-41, Rule 27, Particulate Matter Controls for New
Sources and New Modifications
This rule has been added to impose the requirement for the
utilization of BACT in appropriate cases for particulate matter. A new
source which emits fifteen (15) tons per year (tpy) or more of
PM10, or more than twenty-five (25) tons per year
particulate matter shall utilize ``particulate matter best available
control technology'' (particulate BACT). This rule is consistent with
the requirements and definitions in 40 CFR 51.166(b).
9. Section 4-41, Rule 9.4
This rule has been deleted, thereby deleting the former requirement
that vehicle testing be part of the semiannual safety lane inspection.
This rule was not required in Chattanooga/Hamilton County and has never
been implemented in this area.
10. Section 4-41, Rule 26.8(1)(b)
This rule for grain elevators has been revised to correct the
spelling of the word ``sieve.''
The following revisions are those included in the June 26, 1996,
submittal (reference file TN 179-01).
11. Section 4-2
The definitions for the following terms have been added and are
equivalent to the definitions in 40 CFR 51.100: PM10,
PM10 emissions, and Total Suspended Particulate. The
definitions for ``pathological waste'' and ``pathological waste
incinerator'' have been deleted. Definitions for ``malfunction'' and
``opacity'' have been added which are equivalent to the definitions in
the State's SIP. These definitions are as follows:
Malfunction--Any sudden and unavoidable failure of air pollution
control equipment, fuel-burning equipment, refuse-burning equipment or
process equipment, or for a process to operate in an abnormal or
unusual manner. Failures that are caused by poor maintenance, careless
operation, or any other preventable upset condition or preventable
equipment breakdown shall not be considered malfunctions.
Opacity--The degree to which emissions reduce the transmission of light
and obscure the view of an object in the background.
12. Section 4-41, Rule 7.4
This rule has been deleted, thereby deleting the particulate
emission limitations for pathological waste incinerators. These have
been moved to Rule 20 of the local regulations.
13. Section 4-41, Rule 19. Regulation of Lead Emissions
A new lead rule was added to the SIP. This rule includes
definitions for the following terms: Significant source of lead,
Source, and Permit unit. These definitions are consistent with the
requirements of 40 CFR 51.100 and 51.117. The general limitations for
lead emissions have been established. New sources with actual emissions
greater than 5.0 tons per year are required to utilize BACT. Any
modifications to a source which result in an increase of emissions in
excess of 0.6 tons per year must also use BACT. Source sampling and
analysis, along with ambient monitoring, are also required, in
accordance with 40 CFR 51.100 and 51.117.
14. Section 4-41, Rule 22. Good Engineering Practices Stack Heights
This rule has been added to fully address the requirements for
stack heights. It is consistent with the requirements of 40 CFR 51.100
and 51.118.
a. Definitions--Definitions which are consistent with 40 CFR 51.100
have been added for the following terms: Dispersion technique, Emission
limitation, Good engineering practice, Excessive concentration, stack,
and A stack in existence.
b. Stack height requirements and specific emissions limitations
have been included in this rule in accordance with the requirements of
40 CFR 51.118.
15. Section 4-41, Rule 25.2
The definition for ``prime coat'' has been changed from ``* * * in
a multiple-coat operation'' to ``* * * to a multiple-coat operation.''
16. Section 4-41, Rule 25.21(6), Surface Coating of Miscellaneous Metal
Parts and Products
This rule has been revised to expand its application to facilities
with potential VOC emissions of twenty-five (25) tons per year, rather
than the former level of 100 tons per year. This approval corrects the
previous disapproval of this rule which was published on May 8, 1990,
in 55 FR 19068. It was disapproved at that time because the 100 tpy
limit was less stringent that the State's regulations and was not
adequate to maintain the NAAQS in Chattanooga/Hamilton County.
17. Section 4-41, Rule 25.27(3), Manufacture of Synthesized
Pharmaceutical Products
This rule has been revised to expand application to facilities with
potential VOC emissions of twenty-five (25) tons per year, rather than
the former level of 100 tons per year.
[[Page 43108]]
Final Action
The EPA is approving the aforementioned revisions contained in the
State's December 11, 1995, and June 26, 1996, submittals. 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. Although EPA has not
reviewed the substance of the regulations for Hamilton County or the
other nine municipalities, the substantive codes of Hamilton County and
the nine municipalities rules have been certified by the State as
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.
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 October 14, 1997 unless, by September 11, 1997, 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 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 October 14, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 approvals under section 110 and subchapter I, part D of the
Clean Air Act 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, the Regional
Administrator certifies 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 flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 14, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 16, 1997.
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)(154) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 43109]]
(154) Revisions to Chattanooga/Hamilton County portion of the
Tennessee state implementation plan submitted to EPA by the State of
Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen
oxides, prevention of significant deterioration (PSD), lead sources,
stack heights, infectious waste incinerators, and volatile organic
compound (VOC) reasonably available control technology (RACT) for
miscellaneous metal parts coaters and synthesized pharmaceutical
products, and PM10.
(i) Incorporation by reference.
(A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules
2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1;
9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control
Ordinance,'' adopted on August 15, 1995.
(B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7;
16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1;
and Section 8(f)(4) of the regulation known as the ``Hamilton County
Air Pollution Control Regulation,'' adopted by Hamilton County on
September 6, 1995. The identical regulations were also adopted by the
following municipalities as part of their air pollution control
ordinances: Signal Mountain, adopted on December 11, 1995; Walden,
adopted on December 12, 1995; Lookout Mountain, adopted on November 14,
1995; and Ridgeside, adopted on April 16, 1996.
(C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741,
Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3
for Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules
27; 3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge
City Code,'' adopted on September 28, 1995.
(D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1; and 13.1; and Section 8-308(f)(4) of the ``Red Bank Municipal
Code,'' adopted on November 7, 1995.
(E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy
Municipal Code,'' adopted on October 5, 1995.
(F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,
Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale
Municipal Code,'' adopted on October 2, 1995.
(G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5;
8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal
Code'' adopted November 16, 1995.
(H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1;
22; 25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution
Control Ordinance,'' adopted on May 30, 1989.
(I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and
25.27(3); and Section 16 of the regulation known as the ``Hamilton
County Air Pollution Control Regulation,'' adopted on June 7, 1989.
* * * * *
[FR Doc. 97-21270 Filed 8-11-97; 8:45 am]
BILLING CODE 6560-50-P
