State of Tennessee Request for Approval of Section 112(l) Authority

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-5458-7]

State of Tennessee Request for Approval of Section 112(l)

Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: State of Tennessee has applied for approval of its Rule No.

1200-3-11-.08, Emission Standards for Emissions of Radionuclides Other

Than Radon From Department of Energy Facilities; and also Rule No.

1200-3-11-.17, National Emission Standard for Radon Emissions From

Department of Energy Facilities, under section 112(l) of the Clean Air

Act (CAA) as amended November 15, 1990. The Environmental Protection

Agency (EPA) has reviewed the State of Tennessee's submittal and has

made the decision that the State of Tennessee's Rule No. 1200-3-11-.08

and Rule No. 1200-3-11-.17, satisfies all of the requirements necessary

to qualify as a complete submittal. Thus, the EPA intends to take

comment on whether the State of Tennessee's Rule No. 1200-3-11-.08 and

Rule No. 1200-

[[Page 18281]]

3-11-.17, should be implemented and enforced in place of the EPA's 40

CFR part 61, subpart H, and 40 CFR part 61, subpart Q, respectively.

The State of Tennessee's submittal is available for public review and

comment.

DATES: This action will be effective on June 10, 1996 unless adverse or

critical comments are received by May 28, 1996. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of the State of Tennessee's submittal are available

during normal business hours at the following addresses for inspection

and copying:

Division of Air Pollution Control, Tennessee Department of Environment

and Conservation, L & C Annex, 9th Floor, 401 Church Street, 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: (404) 347-3555, x6050.

Written comments should be sent to Douglas Neeley, EPA Region 4, Air

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

347-3555, x4176, and should be submitted concurrently to Mr. John W.

Walton, P.E., Director, Division of Air Pollution Control, Tennessee

Department of Environment and Conservation, L & C Annex, 9th Floor, 401

Church Street, Nashville, Tennessee 37243-1531, Phone: (615) 532-0554.

FOR FURTHER INFORMATION CONTACT:

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

Atlanta, GA 30365, Phone: (404) 347-3555, x4199.

SUPPLEMENTARY INFORMATION:

A. Background.

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

EPA to approve State air toxics programs or rules to operate in place

of the Federal air toxics 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) provides a schedule for

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

is otherwise in compliance with Federal guidance.

B. The State of Tennessee rule 1200-3-11-.08, Emission Standards

for Emissions of Radionuclides Other Than Radon From Department of

Energy Facilities, and rule 1200-3-11-.17, National Emission Standards

for Radon Emissions From Department of Energy Facilities, are verbatim

the Federal rules 40 CFR part 61, subpart H, and 40 CFR part 61,

subpart Q, respectively.

EPA is approving the State of Tennessee's rule No. 1200-3-11-.08

and rule No. 1200-3-11-.17, 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, Reporting and recordkeeping requirements.

Authority: This notice is issued under the authority of Title

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

Dated: March 12, 1996.

Bruce P. Miller,

Acting Division Director.

[FR Doc. 96-10099 Filed 4-24-96; 8:45 am]

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