Clean Air Act Final Full Approval of Operating Permits Program; Hamilton County, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TN-CHAT-95-01; FRL-5445-8]

Clean Air Act Final Full Approval of Operating Permits Program;

Hamilton County, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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

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

Chattanooga-Hamilton County Air Pollution Control Bureau (CHCAPCB). The

CHCAPCB 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: April 25, 1996.

ADDRESSES: Copies of the CHCAPCB 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. Interested persons wanting to examine these

documents, contained in EPA docket number TN-CHAT-95-01, should make an

appointment at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Kelly Fortin, 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 the 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. If the

permitting authority's submission is materially changed during the one-

year period, 40 CFR 70.4(e)(2) allows EPA to extend the review period

for no more than one year following the receipt of the additional

materials.

EPA's operating permit 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 operating

permit program for that state or local agency.

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

alternative, interim approval of the operating permits program for

CHCAPCB in the Federal Register. See 60 FR 56285. The Federal Register

notice stated that, as a condition of full approval, certain revisions

or clarifications were required in the insignificant activities list

contained in CHCAPCB's program. The above-referenced Federal Register

notice and the technical support document describe in detail the

changes required for full program approval. The November 8, 1995,

notice also proposed approval of CHCAPCB'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

notice.

On March 14, 1996, the State of Tennessee submitted, on behalf of

CHCAPCB, revisions to the operating

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permits program that addressed the deficiencies discussed in the

proposed full/interim approval Federal Register notice. These changes

became locally effective on the following dates: February 7, 1996, in

the unincorporated areas of Hamilton County and in the East Ridge

municipality; March 6, 1996, in the City of Chattanooga; March 7, 1996,

in the Soddy-Daisy municipality; March 11, 1996, in the Signal Mountain

municipality; March 12, 1996, in the Lookout Mountain and Walden

municipalities; March 18, 1996, in the Collegedale municipality; March

19, 1996, in the Red Bank municipality; and March 21, 1996, in the

Lakesite municipality. The changes will become locally effective in the

Ridgeside municipality on April 16, 1996. In this action, EPA is

promulgating full approval of the CHCAPCB 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

EPA is promulgating full approval of the operating permits program

submitted by the State of Tennessee, on behalf of CHCAPCB, on November

22, 1993, and as supplemented on January 23, 1995, February 24, 1995,

October 13, 1995, and March 14, 1995. The November 8, 1995, Federal

Register notice established that CHCAPCB would receive full approval of

its program if certain changes were made to the insignificant

activities provisions of the program and submitted to EPA prior to

EPA's final action. CHCAPCB has demonstrated that the program will be

adequate to meet the minimum elements of a local operating permits

program as specified in 40 CFR part 70.

The scope of the CHCAPCB program that EPA is approving in this

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

program) within Hamilton County, except any sources of air pollution

over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813,

55815-18 (November 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 (August 25,

1994); 58 FR 54364 (October 21, 1993).

The Chattanooga-Hamilton County Air Pollution Control Board,

operating under a certificate of exemption pursuant to Tennessee Code

Annotated, Section 68-201-115, has authority to administer the

operating permits program in all areas of Hamilton County, Tennessee,

with the exception of Indian reservations and tribal lands. The CHCAPCB

program is implemented and enforced through: (1) the Chattanooga Air

Pollution Control Code (within the incorporated municipality of the

City of Chattanooga, Tennessee); (2) the Hamilton County Air Pollution

Control Regulation (in the unincorporated areas of Hamilton County,

Tennessee); and (3) the air pollution control ordinances prepared for

and enacted in the incorporated municipalities of East Ridge, Red Bank,

Soddy-Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout

Mountain, and Ridgeside.

B. Preconstruction Permit Program Implementing Section 112(g)

EPA is approving the use of CHCAPCB's preconstruction review

program found in section 4-8 of the Chattanooga Code and the

corresponding sections of the Hamilton County and local municipalities'

regulations as the mechanism for implementing section 112(g) during the

transition period between promulgation of EPA's section 112(g) rule and

CHCAPCB'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

CHCAPCB 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 Hamilton County, the City of Chattanooga, and

the affected municipalities 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 CHCAPCB's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under part

70. Therefore, EPA is also promulgating approval under section

112(l)(5) and 40 CFR 63.91 of CHCAPCB'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 CHCAPCB submittal and other information relied upon

for this final full approval action are contained in docket number TN-

CHAT-95-01 maintained at the EPA Region 4 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 action. The

docket is available for public inspection at the location listed

previously in 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

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.

D. Unfunded Mandates Reform Act of 1995

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate, or to the private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

EPA has determined that the final full approval promulgated in this

document does not include a Federal mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate, or to the

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private sector. This Federal action approves pre-existing requirements

under State or local law, and imposes no new Federal requirements.

Accordingly, no additional costs to State, local, or tribal

governments, or to the private sector, result from this action.

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: March 15, 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.

2. In appendix A to part 70 the entry for Tennessee is amended by

redesignating paragraph (b) as (d), by adding and reserving paragraph

(c), and by adding a new paragraph (b) to read as follows:

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

Permits Programs

* * * * *

Tennessee

(a) [Reserved]

(b) Chattanooga-Hamilton County Air Pollution Control Bureau,

Hamilton County, State of Tennessee: submitted on November 22, 1993,

and supplemented on January 23, 1995, February 24, 1995, October 13,

1995, and March 14, 1996; full approval effective on April 25, 1996.

* * * * *

[FR Doc. 96-7166 Filed 3-25-96; 8:45 am]

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