Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Tennessee SIP and the Nashville/Davidson County Portion of the Tennessee SIP Regarding Nitrogen Oxides

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-113-6768a; TN-122-6767a; TN-133-6568a; TN-138-6766a; TN-163-9625a;

TN-170-9630a; FRL-5529-5]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee SIP and the Nashville/Davidson

County Portion of the Tennessee SIP Regarding Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is acting on revisions to the Tennessee

State Implementation Plan (SIP) submitted to EPA by Tennessee, through

the Tennessee Department of Air Pollution Control (TDAPC) which add a

new chapter to the Nashville/Davidson County and the State portion of

the Tennessee SIP for the control of nitrogen oxide (NOX)

emissions. Only the portions of the Tennessee NOX rule necessary

for the approval of Tennessee's ozone redesignation request are being

approved in this notice. EPA is granting an exemption to the area under

182(f) of the Clean Air Act (CAA) from NOX Reasonably Available

Control Technology (RACT) requirements in a separate action. The only

sources which will be subject to this rule are tangentially-fired coal

burning boilers which have a heat input capacity in excess of 600

million BTU per hour in the five county Nashville ozone nonattainment

area.

DATES: This final rule is effective September 27, 1996 unless adverse

or critical comments are received by August 28, 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 files TN113-01-6768, TN122-01-6767, TN133-01-

6568, TN138-01-6766, TN163-01-9625, and TN170-01-9630. 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.

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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: Tennessee submitted the State's NOX

chapter (1200-3-27) for incorporation into the State's portion of the

Tennessee SIP in submittals dated June 14, 1993, (reference file TN113-

01-6768) and May 26, 1994, (reference file TN133-01-6568). The State

then submitted revisions to chapter 1200-3-27 on July 29, 1994,

(reference file TN138-01-6766), February 23, 1996, (reference file

TN163-01-9625), and April 29, 1996, (reference file TN170-01-9630).

Tennessee submitted the NOX chapter (Regulation Number 14) for the

Nashville/Davidson County portion of the Tennessee SIP on September 28,

1993, (reference file TN122-01-6767). EPA is acting only on the

portions of these submittals necessary for the approval of the

Nashville ozone redesignation request. EPA is granting an exemption

from NOX RACT requirements for the five county nonattainment area

under 182(f) of the CAA. It is necessary for approval of the Nashville

ozone redesignation request to approve control measures into the SIP

for tangentially-fired coal burning boilers since some NOX

reductions were obtained from these sources prior to the attainment of

the ozone standard in the area. The rules are being approved into the

SIP as discussed below.

State of Tennessee NOX Chapter: Chapter 1200-3-27 ``Nitrogen

Oxides''

1200-3-27-.01 ``Definitions'': This section contains the

definitions for facility and nitrogen oxides and states that the

definitions in the Volatile Organic Compound chapter will apply to

terms not defined in chapter 1200-3-27. This section is being approved

into the Tennessee SIP.

1200-3-27-.02 ``General Provisions and Applicability'': This rule

contains six paragraphs. Paragraph (1) states that the standards and

requirements of rule 1200-3-27 will apply to certain sources of

nitrogen oxides. Paragraph (2) states that a more stringent emission

limit than otherwise specified may be established. Paragraph (3) states

that nothing in this chapter shall be used to exempt sources from

meeting other applicable requirements. Paragraph (4) prevents sources

from concealing emissions. Paragraph (5) requires sources to pay costs

associated with publishing required legal notices for source specific

compliance requests. EPA is approving the above paragraphs into the

Tennessee SIP. Paragraph (6) contains the emissions statement

requirement for NOX. In an amendment dated February 23, 1996, the

State proposed to remove Knox county from the emissions statement

requirement. Since Knox county applied for redesignation to attainment

for ozone prior to November 14, 1992, and since the State demonstrated

that the elimination of this requirement will not adversely affect the

area's maintenance of the ozone standard, EPA is approving the

emissions statement without Knox County in the applicability portion.

1200-3-27-.03 ``Standards and Requirements'': Paragraph (1) gives

the applicability requirements for NOX emission standards.

Subparagraph (1)(a) requires all sources located in the five county

ozone nonattainment area which have the potential to emit 100 tons per

year (tpy) or more of NOX to apply RACT. EPA is not approving

subparagraph (1)(a) into the Tennessee SIP. Subparagraph (1)(b)

requires all tangentially-fired coal burning boilers located in the

five county ozone nonattainment area with a heat input capacity in

excess of 600 million BTU per hour to not allow emissions of NOX

from that boiler in excess of 0.45 pounds per million BTU on a 30-day

rolling average. EPA is approving paragraph (1) and subparagraph (1)(b)

of this section into the Tennessee SIP.

Paragraph (2) states that for the purpose of determining

applicability to paragraph (1)(a), the NOX emissions from all

process emission sources and fuel burning equipment shall be totaled.

Paragraph (2) is not being approved into the Tennessee SIP because it

applies only to those sources subject to subparagraph (1)(a), which is

also not being approved into the SIP.

Paragraph (3) determines the compliance schedules for sources

subject to this chapter. Subparagraph (3)(a) contains the compliance

schedule for tangentially-fired coal burning boilers and is therefore

being approved into the Tennessee SIP. Subparagraph (3)(b) contains the

compliance schedule for the other sources subject to this rule and is

not being approved into the Tennessee SIP.

Paragraph (4) exempts certain sources from the requirements of

chapter 1200-3-27. This does not affect those sources subject to rule

1200-3-27-.03(1)(b) which are being approved into the SIP. Therefore,

EPA is not approving paragraph (4) into the SIP.

Nashville/Davidson County NOX Rule: Regulation Number 14--

``Regulation for the Control of Nitrogen Oxides''

Section 14-1 ``Definitions'': This section gives definitions for

terms used in this chapter and states that the definitions in Chapter

10.56.010 which is the definitions section of the Nashville/Davidson

County Air Pollution Control Chapter shall be used to define terms not

defined in this section. EPA is approving this section into the

Nashville/Davidson County portion of the Tennessee SIP.

Section 14-2 ``Emission Standards'': Paragraph (b) requires

tangentially-fired coal burning boilers in excess of 600 million BTU

per hour to not allow emissions from that boiler to exceed 0.45 pounds

per million BTU on a 30-day rolling average. EPA is approving this

paragraph (b) of this section into the SIP. The other paragraphs of

this section contain requirements for other sources and at this time

are not necessary to be SIP approved. Therefore, EPA is not approving

the other paragraphs into the SIP at this time.

Section 14-3 ``Procedure for Determining RACT'': Since EPA is

granting an exemption for Davidson County from NOX RACT

requirements in a separate action, this section is not being approved

into the SIP.

Section 14-4 ``Recordkeeping and Reporting Requirements'': This

section gives the recordkeeping and reporting requirements for this

regulation. EPA is approving this section into the SIP.

Section 14-5 ``Compliance Schedule'': This section contains the

compliance schedule for sources subject to this rule. EPA is approving

this section into the SIP.

As stated in the approval of the NOX RACT exemption request,

until the five county middle Tennessee ozone nonattainment area is

designated attainment, the continuation of the section 182(f) exemption

granted is contingent upon continued monitoring and continued

maintenance of the O3 NAAQS in the entire Middle Tennessee

nonattainment area. If there is a violation of the O3 NAAQS in any

portion of the Middle Tennessee nonattainment area, the exemption will

no longer be applicable as of the date of any such determination. A

determination that the NOX exemption no longer applies would mean

that the NOX RACT requirement is immediately applicable to the

affected area. EPA believes some reasonable period of notice is

necessary to provide major stationary sources subject to the RACT

requirement time to purchase, install, and operate any required

controls.

[[Page 39328]]

Accordingly, the State may provide sources a reasonable time period to

meet the RACT emission limits after the EPA determination that NOX

RACT requirement is necessary. EPA expects the time period to be as

expeditious as practicable, but in no case longer than 24 months. The

approval of this exemption from federal NOX requirements in no way

exempts sources from any NOX controls required by the State.

Final Action

The EPA is approving the aforementioned revisions to 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 27, 1996 unless, by August 28, 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 27, 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 27, 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 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.

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of this rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements.

Dated: June 14, 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 (c)(139) to read as

follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides''

submitted by the Tennessee Department of Air Pollution Control (TDAPC)

to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29,

1994, February 23, 1996.

(i) Incorporation by reference.

(A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-

3-27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3)

introductory sentence, (3)(a), effective as of October 28, 1995.

[[Page 39329]]

(B) Nashville/Davidson County regulation number 14 ``Regulation for

the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b);

Section 14-4; Section 14-5; adopted on August 10, 1993.

(ii) Other material. None.

[FR Doc. 96-19143 Filed 7-26-96; 8:45 am]

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