[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14491-14493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7911]



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


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.

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

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]
BILLING CODE 6560-50-P