Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Knox County Operating Permit Regulations for Synthetic Minor Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-125-1-6395a; FRL-5095-6]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Knox County Operating Permit Regulations

for Synthetic Minor Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Knox County portion of the

Tennessee State Implementation Plan (SIP) to incorporate rules for the

permitting of minor sources. On November 12, 1993, the State of

Tennessee Division of Air Pollution Control (TDAPC) submitted a SIP

revision on behalf of Knox County, fulfilling the requirements

necessary to make Knox County's minor source operating permit program

federally enforceable. The submittal conforms with the requirements

necessary for a state's minor operating permit program to become

federally enforceable.

DATES: This final rule is effective January 3, 1995 unless adverse or

critical comments are received by December 1, 1994. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be addressed to Yolanda Adams at the

EPA Regional office listed below. Copies of the material submitted by

Knox County, Tennessee may be examined during normal business hours at

the following 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 IV Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Division of Air Pollution Control, Tennessee Department of Environment

and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,

Tennessee 37243-1531.

Knox County Department of Air Pollution Control, City/County Building,

Suite 459, 400 Main Avenue, Knoxville, Tennessee 37902.

FOR FURTHER INFORMATION CONTACT: Yolanda Adams at the above EPA

Regional office. The telephone number is 404/347-2864.

SUPPLEMENTARY INFORMATION: On November 12, 1993, the State of Tennessee

through the TDAPC submitted a SIP revision on behalf of Knox County

designed to make Knox County's minor source operating permit program

federally enforceable pursuant to EPA requirements as specified in a

Federal Register document entitled ``Requirements for the Preparation,

Adoption, and Submittal of Implementation Plans; Approval and

Promulgation of Implementation Plans'' (See 54 FR 22274, June 28,

1989). This voluntary SIP revision allows EPA to enforce terms and

conditions of state-issued minor source operating permits. In addition,

operating permits that are issued under the state's minor source

operating permit program that is approved into their SIP, may provide

federally enforceable limits to an air pollution source's potential to

emit. Limiting of a source's potential to emit through federally

enforceable operating permits can affect a source's applicability to

federal regulations such as title V operating permits, New Source

Review (NSR) preconstruction permits, Prevention of Significant

Deterioration (PSD) preconstruction permits for criteria pollutants and

federal air toxics requirements mandated under section 112 of the Clean

Air Act as amended in 1990 (CAA) for air toxics which are also Volatile

Organic Compounds (VOCs) or Particulate Matter with a diameter of less

than 10 micrometers (PM-10). Any existing source may limit its

potential to emit, for purposes of avoiding title V requirements, up to

one year after the effective date of the Knox County title V program.

If, by that date, the source has not obtained a federally enforceable

permit limiting its potential to emit under the applicability

thresholds of title V, the source will need to submit a title V permit

application. Otherwise, if it is later discovered that the source does

not qualify for a minor source operating permit, the source may be

subject to enforcement actions for failure to submit a title V permit

application.

However, for limiting the potential to emit of air toxics, which

are not also VOCs or PM-10, it is necessary for the State to make a

submittal under 40 CFR part 63, subpart E, Approval of State Programs

and Delegation of Federal Authorities. For other mechanisms that may be

used to limit an air pollution source's potential to emit see the

guidance document entitled ``Limitation of Potential to Emit with

Respect to title V Applicability Thresholds'' dated September 18, 1992,

from John Calcagni, Director of EPA's Air Quality Management Division,

to William A. Spratlin, Director of EPA Region VII's Air and Toxics

Division and the guidance document entitled ``Approaches to Creating

Federally-Enforceable Emissions Limits'' dated November 3, 1993, from

John S. Seitz, Director of EPA's Office of Air Quality and Planning

Standards (OAQPS), to the Air Division Directors for Regions 1 through

10.

In the aforementioned June 28, 1989, Federal Register notice, EPA

listed five criteria necessary to make a state's minor source operating

permit program federally enforceable and, therefore, approvable into

the SIP. This revision satisfies the five criteria for federal

enforceability by a verbatim incorporation of the criteria language

listed in such notice.

Knox County agrees, as part of its program, to provide EPA and the

public with timely notice of the proposal and issuance of such permits,

and to provide EPA, on a timely basis, with a copy of each proposed (or

draft) and final permit intended to be federally enforceable. This

process must also provide for an opportunity for public comment on the

permit applications prior to issuance of the final permit.

With the addition of these provisions, Knox County's minor source

operating permit program satisfies all the requirements listed in the

June 28, 1989 Federal Register document. Therefore, EPA is approving

this revision to the Knox County portion of Tennessee's SIP making the

County's minor source operating permit program federally enforceable.

Final Action

In this action, EPA is approving the Knox County minor source

operating permit program. The EPA is publishing this action 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 January 3, 1995 unless, by December 1,

1994, 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 January 3, 1995.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Amendments

enacted on November 15, 1990. The EPA has determined that this action

conforms with those requirements.

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 January

3, 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).)

The OMB has exempted these actions from review under Executive

Order 12866.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP 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 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).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Sulfur oxides.

Dated: October 6, 1994.

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)(119) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(119) The minor source operating permit program for Knox County,

submitted by the Tennessee Division of Air Pollution Control on

November 12, 1993 as part of the Tennessee SIP.

(i) Incorporation by reference.

(A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and

47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by

the Knox County Air Pollution Control Board on October 13, 1993.

(ii) Other material. None.

[FR Doc. 94-27073 Filed 10-31-94; 8:45 am]

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