Approval and Promulgation of Implementation Plans Tennessee: Approval of Source Specific Nitrogen Oxide Permits Into the Tennessee State Implementation Plan

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-173-9637a; FRL-5538-2]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Source Specific Nitrogen Oxide Permits Into the Tennessee

State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving two source specific permits

into the Tennessee State Implementation Plan (SIP) submitted to EPA by

Tennessee, through the Tennessee Department of Air Pollution Control

(TDAPC) which limit nitrogen oxide (NOX) emissions for certain

engines at the Tenneco Energy Portland facility located in Sumner

County, Tennessee. These permits are necessary because NOX

reductions from the Tenneco Energy Portland facility were used in

calculating the NOX emissions projections in the maintenance plan

for the Middle Tennessee ozone nonattainment area. EPA is proposing

approval of the ozone redesignation request in a separate action.

DATES: This final rule is effective September 23, 1996 unless adverse

or critical comments are received by August 23, 1996. 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

William Denman at the Environmental Protection Agency, Region 4 Air

Programs Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365.

Copies of 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. Reference file TN173-01-9637. The Region 4 office may

have additional background documents not available at the other

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 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia 30365, William Denman, 404/347-

3555 extension 4208.

Tennessee Department of Environment and Conservation, Division of Air

Pollution Control, L & C Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243-1531, 615/532-0554.

FOR FURTHER INFORMATION CONTACT: William Denman 404/347-3555 extension

4208.

SUPPLEMENTARY INFORMATION: On May 31, 1996, Tennessee, through the

Tennessee Department of Air Pollution Control (TDAPC), submitted to EPA

for incorporation into the SIP, two permits which limit nitrogen oxide

(NOX) emissions for certain engines at the Tenneco Energy Portland

facility located in Sumner County, Tennessee. The permits contain

requirements and emission limits for reciprocating engines and

auxiliary generators which are used for the purpose of pumping natural

gas.

The first permit (#045022F) was issued to the Midwestern Gas

Transmission Company, Compressor Station 2101 which operates 3

Ingersoll Rand KVS-412 (2000 horsepower [hp]), 1 Ingersoll Rand KVT-512

(3000 hp), and 1 Cooper-Bessemer 8V-250 (2700 hp) reciprocating engines

at the Portland facility. This operating permit contains a provision

which requires clean-burn retrofit to be utilized on Ingersoll-Rand

KVS-412 engine 1A and Cooper-Bessemer 8V-250 engine 5A. Engine 1A is

required to have an emission rate not exceeding 18.01 grams per hp-hour

and engine 5A is required to have an emission rate not exceeding 8.55

grams per hp-hour.

The second permit (#045025F) was issued to Tennessee Gas Pipeline

which operates 33 Cooper-Bessemer two-cycle reciprocating engines with

a total of 49,700 hp and 7 Ingersoll Rand four-cycle auxiliary

generators with a total of 2,704 hp. This permit prohibits engine

number three (Cooper-Bessemer 16V-250 rated at 550 hp) from operating

without installing a clean-burn retrofit modification and limits the

emission rate to not exceed 3.6 grams per hp-hour. Also, this permit

requires that parametric controls be used on engines 1 and 2 (Cooper-

Bessemer GMWC-10 rated at 3400 hp each) and limits the emission rate of

these engines to 37.3 grams per hp-hour.

The NOX controls and limits in these two permits must be

approved into the Tennessee SIP prior to the approval of the Middle

Tennessee ozone redesignation request because NOX reductions from

the Tenneco Energy Portland facility were used in calculating the

NOX emissions projections in the maintenance plan for the Middle

Tennessee ozone nonattainment area.

These permits, which provide NOX emission controls, are not

being approved as meeting the NOX Reasonably Available Control

Technology (RACT) requirements of the Clean Air Act (CAA) because EPA

is granting a NOX RACT exemption for the Middle Tennessee ozone

nonattainment area under 182(f) of the CAA in a separate action. If the

Middle Tennessee ozone nonattainment area violates the ozone standard

prior to the final approval of the ozone redesignation request, the

NOX RACT exemption will become void and all major NOX sources

located in the nonattainment area will be subject to the federal

NOX RACT requirements of the CAA.

Final Action

The EPA is approving the aforementioned permits into the Tennessee

SIP because they are consistent with the CAA and EPA policy. This rule

making is being published without a prior proposal for approval 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 September 23, 1996 unless, by August 23, 1996, 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 September 23, 1996.

Under section 307(b)(1) of the Clean Air Act (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

September 23, 1996. 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

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307(b)(2) of the CAA, 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. 601 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) and 7410(k)(3).

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 182 of the CAA.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. EPA has examined whether the rules being approved by this

action will impose any new requirements. Since such sources are already

subject to these regulations under State law, no new requirements are

imposed by this approval. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action, and therefore there will be no significant impact on a

substantial number of small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements.

Dated: July 2, 1996.

A. Stanley Meiburg,

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)(142) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(142) Addition of two source specific nitrogen oxide (NOx) permits

for certain engines at Tenneco Energy's Portland facility located in

Sumner County, Tennessee, submitted by the Tennessee Department of Air

Pollution Control (TDAPC) to EPA on May 31, 1996.

(i) Incorporation by reference.

(A) Operating Permit number 045022F, approved on May 31, 1996,

except conditions 2, 3, 6, and 7.

(B) Operating Permit number 045025F, approved on May 31, 1996,

except conditions 2, 4, and 5.

(ii) Other material. None.

[FR Doc. 96-18646 Filed 7-23-96; 8:45 am]

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