Clean Air Act Final Full Approval of Operating Permits Program; Metropolitan Health Department, Metropolitan Government of Nashville and Davidson County, TN

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TN-NASH-96-01; FRL-5422-4]

Clean Air Act Final Full Approval of Operating Permits Program;

Metropolitan Health Department, Metropolitan Government of Nashville

and Davidson County, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

-----------------------------------------------------------------------

SUMMARY: The EPA is promulgating full approval of the Operating Permits

Program submitted by the State of Tennessee on behalf of the

Metropolitan Health Department (``Nashville-Davidson County'' or ``the

County''), located in the geographic area of Nashville-Davidson 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: March 15, 1996.

ADDRESSES: Copies of the Nashville-Davidson 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-NASH-96-01, 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 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

[[Page 5706]]

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 October 11, 1995, EPA proposed full approval, or in the

alternative, interim approval of the operating permits program for

Nashville-Davidson County. See 60 FR 52890. The October 11, 1995,

notice 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

December 28, 1995, the State of Tennessee submitted on behalf of

Nashville-Davidson County a package containing revisions to the

operating permits program, which addressed the deficiency discussed in

the full/interim approval notice. As required by 40 CFR 70.5(c), the

County adopted revisions to M.C.L. section 10.56.050 to ensure that

information needed to determine the applicability of, or to impose, any

applicable requirement, or to collect any permit fees is not excluded

from the application. Specifically the new provision, M.C.L. section

10.56.050(F), reads as follows: ``Notwithstanding any exemptions in

this Section, any application submitted in accordance with Section

10.56.020 and Section 10.50.040 of this Chapter shall include all

emission sources and quantify emissions if needed to determine major

source status, to determine compliance with an applicable requirement

and/or the applicability of any applicable requirement such as a NSPS,

NESHAPS, or MACT standard, etc., or in [the] calculation [of] permit

fees in accordance with Section 10.56.080.'' This change became locally

effective on December 14, 1995.

In this action, EPA is promulgating full approval of the Nashville-

Davidson County 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 operating permits

program submitted by the State of Tennessee, on behalf of Nashville-

Davidson County, on November 13, 1993, and supplemented on April 19,

1994; September 27, 1994; December 28, 1994; and December 28, 1995. The

October 11, 1995, notice established that the County would receive full

approval of its program if changes to M.C.L. section 10.56.050 were

adopted prior to final promulgation. Such changes became locally

effective on December 14, 1995. Nashville-Davidson County has

demonstrated that the program will be 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 notice

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

within Nashville-Davidson 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 Nashville-Davidson County's

preconstruction review program found in M.C.L. section 10.56.020 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 Nashville-

Davidson 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 Nashville-Davidson 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 Nashville-Davidson County submittal and other

information relied upon for the final full approval are contained in

docket number TN-NASH-96-01 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.

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: February 1, 1996.

Phyllis P. Harris,

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.

[[Page 5707]]

2. Appendix A to part 70 is amended by adding the entry for

Tennessee in alphabetical order to read as follows:

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

Permits Programs

* * * * *

Tennessee

(a) (Reserved)

(b) The Metropolitan Health Department, Metropolitan Govenment

of Nashville-Davidson County; submitted on November 13, 1993, and

supplemented on April 19, 1994; September 27, 1994; December 28,

1994; and December 28, 1995; full approval effective on March 15,

1996.

* * * * *

[FR Doc. 96-3283 Filed 2-13-96; 8:45 am]

BILLING CODE 6560-50-P