[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47085-47088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22145]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-126-6580a; FRL-5282-8]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to Permit Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the permit requirements for 
major sources of air pollution for the Nashville/Davidson County 
portion of the Tennessee State Implementation Plan (SIP). EPA is also 
approving the recodification of this chapter. On November 12, 1993, 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. As a supplement to this submittal, on 
July 15, 1994, the State also submitted a request that the 
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP.

DATES: This final rule will be effective November 13, 1995 unless 
adverse or critical comments are received by October 11, 1995. 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 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

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, NE, Atlanta, Georgia 30365 The telephone number is 
404/347-3555 x4197. Reference file TN-126-1-6580a.

SUPPLEMENTARY INFORMATION: The State of Tennessee through the Tennessee 
Department of Environment and Conservation submitted revisions to the 
Nashville/Davidson County portion of the Tennessee SIP to EPA on 
November 12, 1993. EPA found these submittals to be complete on January 
21, 1994.

A. Permit Requirement Revisions

    Nashville/Davidson County officially adopted proposed amendments to 
the Chapter 10.56, ``Air Pollution Control'' of the Metropolitan Code 
of Laws on September 14, 1993. These regulatory revisions to their 
Chapter 10.56 change 

[[Page 47086]]
the permit requirements for major air pollution sources. EPA is 
approving all of the following revisions except where it is 
specifically noted that the proposed revision is not receiving action.

Section 10.56.010--Definitions

    Definitions of ``act,'' ``administrator,'' ``major source,'' 
``permitted allowable emission,'' and ``volatile organic compounds,'' 
were added. The definition of ``major stationary source'' was deleted.
    A definition for ``Regulated Pollutant'' has been added. However, 
in response to comments from the EPA this proposed definition is being 
revised by the State in accordance with their May 30, 1995, letter from 
Mr. John Walton, Technical Secretary of the Tennessee Air Pollution 
Control Board, to Mr. Doug Neeley, Chief of the Air Programs Branch of 
the Region 4 EPA. Therefore, action on the addition of this definition 
will be taken in future rulemaking.

Section 10.56.020--Construction Permits

    Paragraphs (I) through (M) were added to clarify the requirements 
of their permit program. Paragraph (I) limits the operating time of the 
new or modified source to the time specified within the permit, but not 
to exceed one hundred and eighty (180) days. It also requires that the 
Director be notified of the startup date within five (5) working days 
of the startup. Paragraph (J) requires that all of the compliance 
testing required by the construction permit must be done in accordance 
with the requirements of the SIP and the test results must be submitted 
to the Director as required by the SIP. Any failure to demonstrate 
compliance will be sufficient grounds for the Director to require 
changes in the installation before an operating permit will be granted. 
Paragraph (K) gives the Director the right to observe any compliance 
tests and to inspect the installation and operation of the equipment. 
Paragraph (L) grants the EPA Administrator the right to objection and 
comment on any application for a construction permit for a major 
source. Paragraph (M) states that eighteen (18) months after receipt of 
a complete application for a construction permit the application is 
considered final, and becomes the permit, if there has been no action 
by the Director.

Section 10.56.030--Temporary Operating Permit

    This section was deleted. All of the requirements previously 
contained in this section were moved to Sections 10.56.020 and 
10.56.040.

Section 10.56.040--Operating Permit

    Paragraph (A) was deleted and replaced with a new paragraph (A). 
All references to ``temporary operating permits'' have been changed to 
``construction permits'' in this new paragraph. A minor revision was 
made to paragraph (B) to limit the operating permit to five (5) years, 
and paragraphs (C) through (F) were added. Paragraph (C) requires that 
applications for operating permits be filed by the operators of any 
sources that were operating prior to the effective date of this 
regulation. Paragraph (D) grants authority to the Metropolitan Board of 
Health to specify any additional permitting requirements. Paragraph (E) 
states that any application for a major source operating permit is also 
subject to objection and comment by the EPA Administrator. Paragraph 
(F) declares that an operating permit application may be declared final 
eighteen (18) months after its receipt, if there has not been any 
action by the Director.

Section 10.56.050--Exemptions

    Nashville has proposed to delete the entire Section 10.56.050 
[paragraphs (A) through (D)] and replace it with proposed paragraphs 
(A) and (B). The new paragraph (A) restates the same exemptions that 
were previously covered in the deleted paragraphs (A) through (D). The 
new paragraph (B) states that such quantities of air contaminants which 
adversely affect the public shall not be discharged from any source, 
regardless of the exemptions listed in the previous paragraph. Proposed 
paragraphs (C), (D), and (E) were withdrawn by the State in their 
letter of May 30, 1995, from Mr. Walton to Mr. Neeley in response to 
comments from the EPA.

Section 10.56.080--Permit Fees

    Nashville has deleted the section on permit fees in its entirety. 
The proposed replacement Section 10.56.080 was withdrawn by the State 
in their letter of May 30, 1995, from Mr. Walton to Mr. Neeley in 
response to comments from the EPA.

Section 10.56.120.B.6--Complaint Notice--Hearings Procedure

    The length of time to enter a final order or determination, after 
final argument, was changed from sixty days to ninety days.

Section 10.56.210--Hazardous Air Pollutants

    The definition was deleted, and a new definition was added. The new 
section defines ``Hazardous Air Pollutants'' in accordance with Section 
112 of the Clean Air Act, as amended in 1990 (CAA). This new definition 
will be used in the issuance of synthetic minor operating permits.

Section 10.56.290--Measurement and Reporting of Emissions

    The old title, ``Measurement of Air Contaminants,'' was deleted and 
the new title was added. Subparagraph 10.56.290.B.3 was added to 
provide the requirements for notification of compliance tests.

Section 10.56.290.E--Emissions Statement

    In this paragraph Nashville/Davidson County requires an annual 
emissions report from all permitted facilities in accordance with the 
permitting requirements of Sections 10.56.020 and 10.56.040. In these 
sections, all sources that emit any regulated air pollutant are 
required to obtain a permit.

Section 10.56.310--Severability

    This section was added to the SIP to address severability. In this 
new section it is stated that all other provisions of this ordinance 
will remain in full force and effect in the case where a court declares 
another section unconstitutional, illegal, or unenforceable.

B. Recodification

    On July 15, 1994, the State submitted a request that the 
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP. The Code of Laws of the 
Metropolitan Government of Nashville and Davidson County, Tennessee was 
recodified from Chapter Four, Subchapter One, into new Chapter 10.56, 
on August 21, 1991. In this document EPA is approving the 
recodification.

Final Action

    EPA is fully approving the submitted revisions to the Nashville/
Davidson County portion of the Tennessee SIP, with the exception of the 
definition of ``regulated pollutant'' in Section 10.56.010 on which 
action is not being taken in this rulemaking. EPA is also fully 
approving the recodification of the Air Pollution Control section of 
the Nashville/Davidson County portion of the Tennessee SIP, as 
submitted on July 15, 1994. EPA has not reviewed the substance of the 
remaining regulations, other than those submitted for revision on 
November 12, 1993. These rules were approved into the SIP in previous 
rulemakings. The EPA is now merely approving the renumbering system 
submitted by the State. The EPA's 

[[Page 47087]]
approval of the renumbering system at this time does not imply any 
position with respect to the approvability of the substantive rules. To 
the extent EPA has issued any SIP calls to the State with respect to 
the adequacy of any of the rules subject to this recodification, EPA 
will continue to require the State to correct any such rule 
deficiencies despite EPA's approval of this recodification.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment 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 November 13, 1995 unless, within 30 days of its publication, 
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 separate 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 November 13, 1995.
    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 November 13, 1995. 
Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule for 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 shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any State implementation plan. Each request for revision to the State 
implementation plan 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 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 Actions

    SIP approvals and partial approvals under section 110 and 
subchapter I, part D of the CAA 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 CAA, preparation of a regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The CAA 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 (S.Ct. 1976); 42 U.S.C. section 7410(a)(2) and 
7410(k)(3).

Unfunded Mandates

    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 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements; 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. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Incorporation by reference, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: August 9, 1995.
Patrick M. Tobin,
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)(131) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (131) On November 12, 1993, 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 permit requirements for major sources of air pollution, 
including revisions to the general definitions, the permit 
requirements, and the exemptions. As a supplement to this submittal, on 
July 15, 1994, the State also submitted a request that the 
recodification of the entire air pollution control rule for Nashville/
Davidson County be approved as part of the SIP. These revisions and 
recodification incorporate changes to Nashville's Chapter 10.56, which 
was previously Chapter 4-1-1, which are required in the Clean Air Act 
as amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56, Air 

[[Page 47088]]
Pollution Control, effective November 10, 1993, except for the 
following parts:
    (A) Section 10.56.010, the definition of ``regulated pollutant'';
    (B) Section 10.56.040, Paragraph (F);
    (C) Section 10.56.050, Paragraphs (C), (D) and (E);
    (D) Section 10.56.080.
    (ii) Other material. None.

[FR Doc. 95-22145 Filed 9-8-95; 8:45 am]
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