Clean Air Act Final Full Approval of Operating Permits Program; Knox County Department of Air Pollution Control, Knox County, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TN-KNOX-95-01; FRL-5464-1]

Clean Air Act Final Full Approval of Operating Permits Program;

Knox County Department of Air Pollution Control, Knox County, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is promulgating full approval of the title V operating

permits program submitted by the State of Tennessee on behalf of the

Department of Air Pollution Control (``Knox County'' or ``the

County''), located in the geographic area of Knox County. The County's

program was submitted for the purpose of complying with Federal

requirements which mandate that states or local authorities develop,

and submit to EPA, programs for issuing operating permits to all major

stationary sources, and to certain other sources.

EFFECTIVE DATE: May 30, 1996.

ADDRESSES: Copies of the Knox County submittal and other supporting

information used in developing the final full approval are available

for inspection during normal business hours at the following location:

U.S. Environmental Protection Agency, Region 4, 345 Courtland Street

NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower Building.

Interested persons wanting to examine these documents, contained in EPA

docket number TN-KNOX-95-01, should make an appointment at least 24

hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Gracy R. Danois, Title V Program

Development Team, Air Programs Branch, Air, Pesticides & Toxics

Management Division, U.S. Environmental Protection Agency, Region 4,

345 Courtland Street, NE, Atlanta, Georgia 30365, (404) 347-3555, Ext.

4150.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act Amendments (sections 501-507 of

the

[[Page 18967]]

Clean Air Act (``the Act'')), and implementing regulations at 40 Code

of Federal Regulations (CFR) part 70 require that states or authorized

local agencies develop and submit operating permits programs to EPA by

November 15, 1993, and that EPA act to approve or disapprove each

program within one year after receiving the submittal. EPA's program

review occurs pursuant to section 502 of the Act and the part 70

regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of part 70, EPA may grant the program interim approval for

a period of up to two years. If EPA has not fully approved a program by

November 15, 1995, or by the end of an interim program, it must

establish and implement a Federal program.

On November 8, 1995, EPA proposed full approval, or in the

alternative, interim approval of the operating permits program for Knox

County. See 60 FR 56281. The November 8, 1995, Federal Register

document also proposed approval of the County's interim mechanism for

implementing section 112(g) and for delegation of section 112 standards

as promulgated. EPA did not receive any comments on the proposal. On

March 6, 1996, the State of Tennessee submitted on behalf of Knox

County a package containing revisions to the operating permits program,

which addressed the deficiencies discussed in the full/interim approval

document. As required in the November 8, 1995, Federal Register

document, the County made the following revisions to the Knox County

Air Pollution Control (K.C.A.P.C.) regulations:

1. K.C.A.P.C. section 25.70.7.e.2.i.B was amended to include the

following language: ``Notwithstanding paragraphs e.2.i.A and e.3.i. of

this section, minor permit modification procedures may be used for

permit modifications involving the use of economic incentives,

marketable permits, emissions trading, and other similar approaches, to

the extent that such minor permit modification procedures are

explicitly provided for in an applicable implementation plan or in

applicable requirements promulgated by EPA. The Department may

establish additional requirements for such permit conditions.''

2. K.C.A.P.C. section 30.1.D was amended to include the following

statement: ``These penalties shall be recoverable in a maximum amount

of $25,000 per day per violation as provided by state law.''

3. K.C.A.P.C. section 30.1.G was amended to include the following

language: ``The Director has the authority to restrain or enjoin

immediately and effectively any person, by order or by suit in court,

from engaging in any activity in violation of a permit or the Knox

County Air Pollution Control Regulations that is presenting an imminent

and substantial endangerment to the public health or welfare, or the

environment.''

4. K.C.A.P.C. section 30.1.F was amended to include the following

statement at the end of the section: ``Such actions may be taken by the

Director without the necessity of a prior revocation of any permit.''

These changes and other minor revisions to the County's title V

program became locally effective on January 10, 1996.

In this action, EPA is promulgating full approval of the Knox

County title V operating permits program, and approving the section

112(g) and section 112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

The EPA is promulgating full approval of the title V operating

permits program submitted by the State of Tennessee, on behalf of Knox

County, on November 12, 1993, and supplemented on August 24, 1994;

January 6 and 19, 1995; February 6, 1995; May 23, 1995; September 18

and 25, 1995; and March 6, 1996. The November 8, 1995, Federal Register

notice established that Knox County would receive full approval of its

program if the changes to the County's regulations described in the

previous section were adopted prior to final promulgation. Knox County

has demonstrated that the program is adequate to meet the minimum

elements of a state or local operating permits program as specified in

40 CFR part 70.

The scope of the County's part 70 program approved in this document

applies to all part 70 sources (as defined in the approved program)

within Knox County, except any sources of air pollution over which an

Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov.

9, 1994). The term ``Indian Tribe'' is defined under the Act as ``any

Indian tribe, band, nation, or other organized group or community,

including any Alaska Native village, which is Federally recognized as

eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.'' See section

302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR

54364 (Oct. 21, 1993).

B. Preconstruction Permit Program Implementing Section 112(g)

EPA is approving the use of Knox County's preconstruction review

program found in K.C.A.P.C. section 25.1 as a mechanism to implement

section 112(g) during the transition period between promulgation of

EPA's section 112(g) rule and the County's adoption of rules

specifically designed to implement section 112(g). This approval is

limited to the implementation of the 112(g) rule and is effective only

during any transition time between the effective date of the 112(g)

rule and the adoption of specific rules by Knox County to implement

section 112(g). The duration of this approval is limited to 18 months

following promulgation by EPA of section 112(g) regulations, to provide

the County with adequate time to adopt regulations consistent with

Federal requirements.

C. Program for Delegation of Section 112 Standards as Promulgated

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by EPA as they apply to part 70

sources. Section 112(l)(5) requires that the County's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under part

70. Therefore, the EPA is also promulgating approval under section

112(l)(5) and 40 CFR 63.91 of Knox County's program for receiving

delegation of section 112 standards and programs that are unchanged

from Federal rules as promulgated. In addition, EPA is approving the

delegation of all existing standards and programs under 40 CFR parts 61

and 63. This program for delegation applies to both part 70 sources and

non-part 70 sources.

III. Administrative Requirements

A. Docket

Copies of the Knox County submittal and other information relied

upon for the final full approval are contained in docket number TN-

KNOX-95-01 maintained at the EPA Regional Office. The docket is an

organized and complete file of all the information submitted to, or

otherwise considered by, EPA in the development of this final full

approval. The docket is available for public inspection at the location

listed under the ADDRESSES section of this document.

[[Page 18968]]

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: April 19, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended by adding paragraph (c) to the

entry for Tennessee to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Tennessee

* * * * *

(c) The Knox County Department of Air Pollution Control; submitted

on November 12, 1993, and supplemented on August 24, 1994; January 6

and 19, 1995; February 6, 1995; May 23, 1995; September 18 and 25,

1995; and March 6, 1996; full approval effective on May 30, 1996, in

the Federal Register.

* * * * *

[FR Doc. 96-10657 Filed 4-29-96; 8:45 am]

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