State of Tennessee, Metropolitan Government of Nashville and Davidson County; Request for Approval of Section 112(l) Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission Standards From Dry Cleaning Facilities

[[Page 11029]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-5130-5]

State of Tennessee, Metropolitan Government of Nashville and

Davidson County; Request for Approval of Section 112(l) Authority for

Hazardous Air Pollutants; Perchloroethylene Air Emission Standards From

Dry Cleaning Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Tennessee, Metropolitan Government of Nashville

and Davidson County has applied for approval of its Regulation No. 4,

Section 4-10, Regulations for Hazardous Air Pollutants;

Perchloroethylene Air Emission Standards From Dry Cleaning Facilities

under section 112(l) of the Clean Air Act (CAA). The Environmental

Protection Agency (EPA) has reviewed the application and has made the

decision that it satisfies all of the requirements necessary to qualify

as a complete submittal. Thus, the Metropolitan Government of Nashville

and Davidson County's Regulation No. 4, Section 4-10, should be

implemented and enforced in place of EPA's 40 CFR part 63, subpart M.

DATES: This action will be effective on April 17, 1995, unless adverse

or critical comments are received by March 31, 1995. If the effective

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

Register.

ADDRESSES: Written comments should be sent concurrently to Douglas

Neeley, Region 4 EPA, Air Programs Branch, 345 Courtland St. NE.,

Atlanta, GA 30365, Phone: (404) 347-3555 and to Mr. Paul Bontrager,

Bureau of Environmental Health Services, Metropolitan Government of

Nashville and Davidson County, 311 23rd Avenue, North, Nashville,

Tennessee 37203, Phone: (615) 340-5653. Copies of Metropolitan

Government of Nashville and Davidson County's submittal are available

during normal business hours at the following addresses for inspection

and copying:

Bureau of Environmental Health Services Metropolitan Government of

Nashville and Davidson County, 311 23rd Avenue, North, Nashville,

Tennessee;

U.S. EPA Headquarters Library, PM 211A, 401 M Street, SW.,

Washington, DC 20460, Phone: 202/382-5926; and

U.S. EPA Region 4, Regional Library, 345 Courtland St. NE., Atlanta,

GA 30365, Phone number: (404) 347-3555, X6050.

FOR FURTHER INFORMATION CONTACT: Anthony Toney, Region 4 EPA, Air

Programs Branch, 345 Courtland St. NE., Atlanta, GA 30365, Phone: (404)

347-3555, ext. 4200.

SUPPLEMENTARY INFORMATION:

A. Background

Section 112(l) of the Clean Air Act as amended in 1990, enables the

EPA to approve state air toxic programs or rules to operate in place of

the Federal air toxic program. Approval is granted by the EPA if the

Agency finds that the state program or rule: (1) Is ``no less

stringent'' than the corresponding Federal rule or program, (2)

provides adequate authority and resources, (3) schedule for

implementation and compliance is sufficiently expeditious, and (4) is

otherwise in compliance with Federal guidance.

B. This is an initial request for delegation under the provisions

of 40 CFR part 63, subpart E. No previous delegation of rules or

regulations pursuant to title III of the Clean Air Act has been

approved.

The changes from the federal rule, 40 CFR part 63, subpart M, are:

(1) The lowering of a required emission rate; (2) An increase in the

frequency of required monitoring; and (3) A decrease in the amount of

time allowed for a source to come into compliance. These changes occur

in subsections 4-10(b)(23); 4-10(c)(10); and 4-10(a) of the

Metropolitan Government of Nashville and Davidson County's Regulation

No. 4.

EPA is approving the Metropolitan Government of Nashville and

Davidson County's air toxics Regulation No. 4, Section 4-10, as a

direct final rule without prior proposal because the Agency views this

as a noncontroversial delegation request and anticipates no adverse

comments. If no adverse comments are received in response to this

direct final rule, no further activity is contemplated. If EPA receives

adverse comments, the direct final rule will be withdrawn and all

public comments received will be addressed in a subsequent action. Any

parties interested in commenting on this action should do so at this

time.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Incorporation by reference, Reporting and recordkeeping

requirements.

Authority: This action is issued under the authority of Title

III of the Clean Air Act as amended, 42 U.S.C. 2399.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95-5024 Filed 2-28-95; 8:45 am]

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