Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to Permit Requirements

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

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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]

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