[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13101-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7166]



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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

[[Page 13102]]
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

[[Page 13103]]
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

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