Approval and Promulgation of Air Quality Implementation Plans, Tennessee; Approval of Revisions to Permit Requirements, Definitions, Exemptions, and Internal Combustion Engines Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-160-9624a; FRL-5831-7]

Approval and Promulgation of Air Quality Implementation Plans,

Tennessee; Approval of Revisions to Permit Requirements, Definitions,

Exemptions, and Internal Combustion Engines Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the permit requirements for

major sources of air pollution, definitions, exemptions, and internal

combustion engine regulations for the Nashville/Davidson County portion

of the Tennessee State Implementation Plan (SIP). On December 28, 1995,

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, the permit

requirements, and the exemption sections. Also included was a revision

to the regulations for internal combustion engines. The purpose of

these amendments was to satisfy the requirements of the 1990 Clean Air

Act Amendments and the comments made by EPA on previous SIP submittals.

EPA is approving all of the submitted revisions, except those which

were withdrawn, as noted in the paragraphs below.

DATES: This final rule is effective July 29, 1997 unless adverse or

critical comments are received by June 30, 1997. 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 Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of the

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 file TN160-01-9624. 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),

[[Page 29300]]

U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460.

Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303. Karen Borel, 404/562-9029.

Bureau of Environmental Health Services, Metropolitan Health

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

Nashville, Tennessee 37203. Phone number: 615/340-5653.

Tennessee Department of Environment and Conservation, Division of Air

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

Tennessee 37243-1531. Phone number: 615/532-0554.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.

SUPPLEMENTARY INFORMATION: The State of Tennessee submitted revisions

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

December 28, 1995. EPA found these submittals to be complete on

February 28, 1996.

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 December 14, 1995. These regulatory

revisions to Chapter 10.56 add the definition of ``Regulated

Pollutant'' to section 10.56.010, and revise sections 10.56.040 and

.050 with general administrative amendments which support revisions to

their title V program. Section 10.56.240 is revised to correct an

administrative error. The revisions to section 10.56.080 and to

paragraph (E) of section 10.56.050 were withdrawn by the State in a

letter from Mr. John Walton to Ms. Linda Anderson-Carnahan, dated

January 17, 1997, as previously requested by Ms. Anderson-Carnahan on

September 17, 1996. The amendment to the definition of ``volatile

organic compound'' in section 10.56.010 is currently being revised by

Nashville in accordance with EPA comments, dated September 17, 1996,

and therefore action will not be taken on this revision at this time.

The remaining revisions were made to bring the SIP into compliance with

title I requirements and to support title V requirements. EPA is also

approving the following revisions as discussed in the paragraphs below.

Section 10.56.010--Definitions

The definition of ``potential emissions'' is amended by adding the

following phrase to the end of the definition:

* * * unless otherwise provided in the Metropolitan Health

Department, Pollution Control Division's Regulation No. 13, ``Part 70--

Operating Permit Program''.

The definition of ``Regulated Pollutant'' is added, as follows:

``Regulated Pollutant'' means each of the following:

1. Nitrogen oxides or any volatile organic compound;

2. Any pollutant regulated under section 111 or 112 of the Clean

Air Act as amended;

3. Any pollutant for which a national primary ambient air quality

standard has been promulgated;

4. Any Class I or Class II substance listed pursuant to section 602

of the Clean Air Act as amended.

Section 10.56.040--Operating Permits

This paragraph has been amended by adding the following phrase to

the end of the second sentence of subsection B:

except as otherwise provided in the Metropolitan Health Department,

Pollution Control Division's Regulation No. 13, ``Part 70--Operating

Permit Program''.

Section 10.56.050--Exemptions

Paragraph A has been revised to add a phrase which was

inadvertently omitted from an earlier submittal. This is done by adding

a new subsection ``7'' which reads as follows:

7. Mobile sources, such as automobiles, trucks, buses, locomotives,

airplanes and boats.

A new paragraph F has been added which shall state as follows;

F. Notwithstanding any exemption in this section, and application

submitted in accordance with section 10.56.020 and section 10.56.040 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 NSPS, NESHAPS, or MACT standard, etc.,

or in calculation permit fees in accordance with section 10.56.080.

Section 10.56.240.--Internal Combustion Engines

Subparagraph ``C'' was amended by deleting the term ``Department of

Health, Education and Welfare'' and replacing it with ``Environmental

Protection Agency.''

Final Action

EPA is fully approving the submitted revisions to the Nashville/

Davidson County portion of the Tennessee State Implementation Plan

(SIP) as discussed in the previous paragraphs.

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements.

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 July 29, 1997 unless, by June 30, 1997, 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 this action serving as a

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 July 29, 1997.

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.

Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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

[[Page 29301]]

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

Clean Air 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 CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), 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

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 approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

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

D. Submission to Congress and the General Accounting Office

Under section 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

section 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by July 29, 1997. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping

requirements.

Dated: April 22, 1997.

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 paragraph (c)(152) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(C) * * *

(152) On December 28, 1995, 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, the permit requirements, and the exemptions. Also included

was a revision to the regulations for internal combustion engines.

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 Air Pollution Control,

approved on December 14, 1995.

(I) Section 10.56.010, definitions for ``Potential Emissions,''

``Regulated Pollutant,'' and ``Volatile Organic Compound.''

(II) Section 10.56.040, Paragraph B.

(III) Section 10.56.050, Paragraphs A and F.

(IV) Section 110.56.240, Paragraph C.

(ii) Other material. None.

[FR Doc. 97-14194 Filed 5-29-97; 8:45 am]

BILLING CODE 6560-50-P