Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Revision to New Source Review, Construction and Operating Permit Requirements for Nashville/Davidson County

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-140-01-6910a; FRL-5443-2]

Approval and Promulgation of Air Quality Implementation Plans;

Tennessee; Revision to New Source Review, Construction and Operating

Permit Requirements for Nashville/Davidson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Nashville/Davidson County

portion of the Tennessee State Implementation Plan (SIP), submitted by

the State of Tennessee through the Tennessee Department of Environment

and Conservation on September 27, 1994. The submittal included

revisions to Nashville/Davidson County's Regulation Three, New Source

Review (NSR), Sections 3-1, 3-2 and 3-3, which were made to bring the

Nashville/Davidson County regulations into compliance with the 1990

amendments to the Clean Air Act (the Act) and the Federal regulations.

EPA finds that the revised rules meet the Federal nonattainment NSR

permitting requirements of the Act for the State's ozone nonattainment

areas.

On April 15, 1994, EPA granted limited approval of revisions to the

Nashville/Davidson County portion of the Tennessee SIP. At that time

several deficiencies were identified which had to be corrected for

Nashville/Davidson County's NSR SIP to fully meet the requirements of

the CAA. EPA finds that this submittal corrects those previous

deficiencies in Nashville/Davidson County's Regulation Three, New

Source Review.

DATES: This final rule is effective June 3, 1996, unless adverse or

critical comments are received by May 2, 1996. If the effective date is

delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at

the Regional Office Address listed below.

Copies of the material submitted by the State of Tennessee may be

examined during normal business hours at the following 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.

Tennessee Division of Air Pollution Control, 9th Floor L&C Annex, 401

Church Street, Nashville, Tennessee 37243-1531

Bureau of Environmental Health Services, Metropolitan Health

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

Nashville, Tennessee 37203.

FOR FURTHER INFORMATION CONTACT: Interested persons wanting to examine

documents relative to this action should make an appointment with the

Region 4 Air Programs Branch at least 24 hours before the visiting day.

To schedule the appointment or to request additional information,

contact Karen C. Borel, Regulatory Planning and Development Section,

Air Programs Branch, Air, Pesticides & Toxics Management Division,

Region 4 EPA, 345 Courtland Street, NE, Atlanta, Georgia 30365. The

telephone number is 404/347-3555 extension 4197. Reference file TN140-

01-6910.

SUPPLEMENTARY INFORMATION: On September 27, 1994, Nashville/Davidson

County submitted revisions to their portion of the Tennessee SIP in

order to correct deficiencies previously identified on April 15, 1994,

(59 FR 17398) and to fully satisfy the NSR and PSD requirements of the

1990 CAA. Previously, on July 13, 1990, and February 26, 1993,

Nashville/Davidson County, through the State of Tennessee Department of

Environment and Conservation, submitted various revisions to the

Nashville/Davidson County portion of the Tennessee SIP. These earlier

submittals included revisions to Regulation Three, New Source Review,

and were intended to bring Nashville/Davidson County's regulations into

conformity with EPA's Prevention of Significant Deterioration (PSD)

increments for Nitrogen dioxides (NO2) and the EPA's current NSR

requirements. Nashville/Davidson County was granted limited approval on

the earlier submittals on April 15, 1994, (59 FR 17398) because those

submittals as a whole substantially strengthened the Nashville/Davidson

County portion of the Tennessee SIP. On September 27, 1994, Nashville/

Davidson County submitted additional revisions to Regulation Three,

Sections 3-1, 3-2 and 3-3. These revisions to their NSR regulations

were made to correct the deficiencies identified in the April 15, 1994,

Federal Register (59 FR 17938) and to bring Nashville/Davidson County's

rules into compliance with the Act, as amended in 1990, and revised

Federal regulations.

The current SIP revision was reviewed by EPA to determine

completeness, and a letter of completeness dated November 17, 1994, was

sent to the State of Tennessee. EPA finds that the revisions provide

for consistency with the Act and corresponding Federal regulations,

that the revisions meet the new nonattainment NSR provisions for

nonattainment areas, and that the revisions correct the previously

identified deficiencies. EPA is approving the following revisions to

the Nashville/Davidson County portion of the Tennessee SIP.

Regulation Three, New Source Review

(A) Section 3-1 Definitions

Section 3-1(i): The definition of ``commenced'' has been modified

by adding ``has all necessary preconstruction approvals or permits

and'' between the words ``operator'' and ``has''.

[[Page 14492]]

Section 3-1(l): The definition of ``emission offset'' has been

modified by adding ``actual'' between the words ``of'' and

``emissions''.

Section 3-1(s): The definition of ``lowest achievable emission rate

(LAER)'' has been deleted in its entirety and replaced with the

following definition:

``(s) Lowest Achievable Emission Rate (LAER)--means, for any

source, the more stringent rate of emissions based on the following:

(1) The most stringent emissions limitation which is contained in

the implementation plan of any state for such class or category of

stationary source, unless the owner or operator of the proposed

stationary source demonstrates that such limitations are not

achievable; or

(2) The most stringent emissions limitation which is achieved in

practice by such class or category of stationary sources. This

limitation, when applied to a modification, means the lowest achievable

emissions rate for the new or modified emissions units within the

stationary source. In no event shall the application of the term permit

a proposed new or modified stationary source to emit any pollutant in

excess of the amount allowable under an applicable new source standard

of performance.''

Section 3-1(t): The definition for ``major modification'' has been

modified by replacing ``new'' with ``net''.

Section 3-1(u)(2): The definition for ``major stationary source''

has been modified by adding ``or'' after ``1,000 lbs/day'' and before

``100 lbs/hour''.

Section 3-1(bb): The definition for ``reasonable further progress''

has been deleted in its entirety and replaced with the following

definition:

``(bb) Reasonable Further Progress--Means such annual incremental

reductions in emissions of the relevant air pollutant as are required

by the Clean Air Act or may reasonably be required by the Director for

the purpose of ensuring attainment of the applicable national ambient

air quality standard by the applicable date.''

Section 3-1: The following definition for ``legally enforceable''

has been added:

``Legally Enforceable--means all limitations and conditions which

are enforceable by the Director and Administrator, which includes all

provisions of Chapter 10.56 ``Air Pollution Control'' of the

Metropolitan Code of Law, this Regulation, any provisions of the State

Implementation Plan, and any permit conditions.''

Section 3-1: This section has also been recodified to allow the new

definitions to be added in alphabetical order.

(B) Section 3-2 Registration and Permits

Section 3-2(b)(2)(ii): This subparagraph was modified by replacing

``request'' with ``represent'' between the words ``to'' and

``reasonable''.

Section 3-2(b)(3): This paragraph was modified by replacing the

phrase ``A major volatile organic compound stationary source'' with the

new phrase ``A stationary source of modification that is major due to

volatile organic compound or nitrogen oxide emissions''.

Section 3-2(d): This paragraph was modified by adding ``as though

construction had not yet commenced on the source or modification'' at

the end of the sentence.

Section 3-2(e): This paragraph was modified by adding ``the

Administrator and'' between the words ``notify'' and ``the''.

(C) Section 3-3 Prevention of Significant Deterioration (PSD) Review

Section 3-3(e)(2)(i): This subparagraph was deleted in its entirety

and replaced with the following:

``(i) Particulate Matter--PM10:

Annual Arithmetic Mean 17 g/m\3\

24-Hour maximum 30 g/m\3\''

These limits are being revised appropriately to replace the former

limits for total suspended particulates (TSP), in accordance with the

requirements of the 1990 CAA.

Section 3-3(f): This paragraph was deleted in its entirety and

replaced with the following paragraph:

``(f) All applications of air quality modeling required under this

Section shall be based on the applicable models data bases and all

other requirements specified in Appendix W of 40 CFR Part 51

(``Guideline on Air Quality Models (Revised)'' (1986), Supplement A

(1987) and Supplement B (1993)). Where an air quality model specified

in Appendix W of 40 CFR Part 51 is inappropriate, the model may be

modified or another model substituted on a case-by-case basis provided

that written approval is obtained from the Director for any such

modification or substitution. Furthermore, the use of a modified or

substitute model will be subject to notice and opportunity for public

comment under the provisions set forth in 40 CFR Part 51, Subpart

51.102.''

This new paragraph meets the requirements set forth in 40 CFR Part

51.160(f)(1) and (2). New sources in the Nashville/Davidson County area

must now base their application of air quality modeling on the

requirements of 40 CFR Part 51, Appendix W, which is the most up-to-

date guidance. If this model is not appropriate, a different air

quality model may be substituted, but only with written approval of

their Director.

Final Action

EPA is approving revisions to the Nashville/Davidson County

Regulation Number Three New Source Review. Specifically, EPA is

approving Nashville/Davidson County's submittal as meeting the NSR

requirements of the 1990 amendments to the Act for the State's ozone

nonattainment areas. EPA is also rescinding the previous limited

approval [59 FR 17938].

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 June 3, 1996, by May 2, 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 June 3, 1996.

Under section 307(b)(1) of the Act, 42 U.S.C. Sec. 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 June 3,

1996. 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. Sec. 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

[[Page 14493]]

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 section 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, 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 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 examined whether 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, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements.

Dated: March 4, 1996.

Phyllis P. Harris,

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)(133) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(133) On September 27, 1994, the State submitted revisions to the

Nashville/Davidson County portion of the Tennessee State Implementation

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

to the new source review requirements in the Nashville/Davidson County

regulations. These revisions incorporate changes to Regulation Number

Three, Sections 3-1, 3-2 and 3-3 of the Nashville/Davidson County

portion of the Tennessee SIP which bring this into conformance with the

new requirements which are required in 40 CFR part 52, subpart I.

(i) Incorporation by reference.

Metropolitan Health Department Division of Pollution Control

Regulation Number 3 New Source Review, as amended on August 9, 1994.

(ii) Other material. None.

* * * * *

[FR Doc. 96-7911 Filed 4-1-96; 8:45 am]

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