Approval and Promulgation of Air Quality Implementation Plans, Tennessee; Approval of Revisions To Permit Requirements, Definitions and Administrative Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-146-2-9608a; FRL-5554-6]

Approval and Promulgation of Air Quality Implementation Plans,

Tennessee; Approval of Revisions To Permit Requirements, Definitions

and Administrative Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the permit requirements,

definitions, and administrative requirements for the Nashville/Davidson

County portion of the Tennessee State Implementation Plan (SIP). On

November 16, 1994, the State submitted revisions to the Nashville/

Davidson portion of the Tennessee SIP on behalf of Nashville/Davidson

County. These were revisions to the permit requirements for major

sources of air pollution, including revisions to the general

definitions, permit requirements, the Board's powers and duties, the

variances and hearings procedures, the measurement and reporting of

emissions, and the testing procedures. At this time, EPA is acting on

revisions submitted on November 16, 1994. EPA is approving all of the

submitted revisions except those which were submitted to meet the

requirements for enhanced monitoring. These will not be acted on at

this time.

DATES: This final rule is effective November 5, 1996 unless adverse or

critical comments are received by October 7, 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 Karen

C. Borel, at the EPA Regional Office listed below. Copies of the

documents relative to this action are available for public inspection

during normal business hours at the following locations. The

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interested persons wanting to examine these documents should make an

appointment with the appropriate office at least 24 hours before the

visiting day.

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

Bureau of Environmental Health Services, Metropolitan Health

Department, Nashville-Davidson County, 311--23rd Avenue, North,

Nashville, Tennessee 37203

Tennessee Department of Environment and Conservation, Division of Air

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

Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 345

Courtland Street, N.E., Atlanta, Georgia 30365.The telephone number is

404/347-3555 x4197. Reference file TN-146-2-9608a.

SUPPLEMENTARY INFORMATION: The State of Tennessee submitted revisions

to the Nashville/Davidson County portion of the Tennessee SIP to EPA on

November 16, 1994. EPA found these submittals to be complete on

December 21, 1994. EPA approved several portions of this submittal on

July 28, 1995 (60 FR 38712), which were required for Nashville/Davidson

County's Federally enforceable local operating permit (FELOP) program.

At that time, EPA also approved Nashville/Davidson County's FELOP

program pursuant to section 112 of the Clean Air Act as amended in 1990

(CAA).

A. SIP Revisions

The Nashville/Davidson County Board of Health, officially adopted

proposed amendments to the Chapter 10.56, ``Air Pollution Control'' of

the Metropolitan Code of Laws on October 6, 1994. These regulatory

revisions to their Chapter 10.56 make changes to some definitions, to

their requirements for public hearings, and to some testing procedure

requirements. These revisions are the remainder of their plan to bring

the SIP into accordance with title I requirements and to support their

title V program. EPA is approving all of the following revisions except

where it is specifically noted that the proposed revisions are not

receiving action.

Section 10.56.010--Definitions

Definitions of ``Legally Enforceable'' and ``Uniform Administrative

Procedures Act'' were added. The definition of legally enforceable

states that ``all limitations and conditions which are enforceable by

the Director or the Administrator * * *'' in accordance with the

requirements of the CAA. The Uniform Administrative Procedures Act is

defined as the Tennessee Code Annotated Title 4, Chapter 5.

Section 10.56.020--Construction Permits

Paragraph (A)(2) was revised to require that all hearings now be

conducted in accordance with the Uniform Administrative Procedures Act.

This formerly stated that the hearing would simply be conducted before

the Nashville/Davidson County Metropolitan Board of Health.

Paragraph (N) was added to this section. This paragraph adds the

requirement for monthly notification of the public, through newspaper

advertisements, of the applicants seeking to obtain construction or

modification permits of air pollution sources.

Section 10.56.090.C.4--Board--Powers and Duties

This paragraph has been revised to change the appeal process for

civil penalties. This process was formerly conducted in accordance with

the provisions of another section in the SIP (10.56.020). This will now

be done according to the Uniform Administrative Procedures Act.

Section 10.56.110--Rules and Regulations--Hearing Procedures

Paragraph (A) has been revised to allow the Board to conduct a

hearing in accordance with the Uniform Administrative Procedures Act.

In paragraphs (B) and (B)(2), references to ``by the Board'' have

been deleted. This was done because of the new requirements to do

hearings in accordance with the Uniform Administrative Procedures Act,

as were previously discussed in the above paragraphs.

Section 10.56.120.B--Complaint Notice--Hearings Procedure

These hearings will now be conducted in accordance with the

contested cases provisions in the Uniform Administrative Procedures

Act, as previously defined. The specific requirements for conducting a

complaint hearing, as defined in subparagraphs (1) through (7) have

been deleted. These are now defined in the Uniform Administrative

Procedures Act.

Section 10.56.130.D.2--Variances--Hearings Procedure

These public hearings will now be conducted in accordance with the

Uniform Administrative Procedures Act.

Section 10.56.290.D and E--Measurement and Reporting of Emissions

The revisions to Section 10.56.290 for enhanced monitoring are in

response to a May 21, 1994, SIP call from EPA Region 4 which was based

on a proposed rule. However, the EPA is taking no action on revisions

to Section 10.56.290 of the Nashville/Davidson County SIP at this time

because the federal requirement to which the revision pertains is not

yet final.

Section 10.56.300.B--Testing Procedures

This paragraph addresses the requirements for demonstrating

compliance with emission standards. The phrase ``The determination of''

has been deleted and replaced with ``Source testing conducted for the

purpose of demonstrating.''

Final Action

EPA is fully approving the submitted revisions to the Nashville/

Davidson County portion of the Tennessee State Implementation Plan

(SIP) with the exception of the enhanced monitoring provisions in

Section 10.56.290, which are not being acted on in this rulemaking.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial action 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 on November 5, 1996 unless, by October 7, 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 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 on November 5, 1996.

[[Page 47057]]

Under section 307(b)(1) of the Act, 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 [insert

date 60 days from date of publication]. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the 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 Act, 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 should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP 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. 600 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 economic impact on a substantial number of small entities.

Small entities include small business, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under sections 110 and subchapter I, part D of the

Act 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, the Administrator

certifies 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 Act, preparation of a regulatory flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Act 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 (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 165 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 determined that the rules being approved by this action

will impose no new requirements, since such sources are already subject

to these regulations under State law. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

Under 5 U.S.C. 801(a)(1)(A) as added 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 the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Incorporation by reference, Reporting and

recordkeeping requirements.

Dated: July 18, 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--[Amended]

2. Section 52.2220 is amended by adding paragraph (c)(141) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(141) On November 16, 1994, the State submitted revisions to the

Nashville/Davidson portion of the Tennessee State Implementation Plan

(SIP) on behalf of Nashville/Davidson County. These were revisions to

the permit requirements for major sources of air pollution, including

revisions to the general definitions, permit requirements, the Board's

powers and duties, the variances and hearings procedures, the

measurement and reporting of emissions, and the testing procedures.

These revisions incorporate changes to Nashville's Chapter 10.56 which

are required in the Clean Air Act as amended in 1990 and 40 CFR part

51, subpart I.

(i) Incorporation by reference.

(A) Code of Laws of the Metropolitan Government of Nashville and

Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290,

Air Pollution Control, approved on October 6, 1994, except Section

10.56.010, definition of ``Regulated Pollutant''; Section 10.56.050,

paragraphs (C), (D), and (E); Section 10.56.080.

(ii) Other material. None.

[FR Doc. 96-22807 Filed 9-5-96; 8:45 am]

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