[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14634-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7917]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-111-1-7094a; FRL-5442-7]


Approval and Promulgation of Implementation Plans Tennessee: 
Revisions to Chattanooga/Hamilton County Regulations for Definitions 
and Ambient Air Standards for Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Chattanooga/Hamilton County 
portion of the Tennessee State Implementation Plan (SIP) submitted by 
the State of Tennessee through the Tennessee Department of Environment 
and Conservation on May 18, 1993. This submittal included revisions to 
the current regulations concerning definitions and ambient air quality 
standards for Chattanooga/Hamilton County. EPA finds that the 
regulations provide for consistency with the Clean Air Act as amended 
in 1990 (CAA) and corresponding Federal regulations.

DATES: This final rule is effective June 3, 1996 unless adverse or 
critical comments are received by May 3, 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.
Chattanooga-Hamilton County Air Pollution Control Bureau, 3511 
Rossville Boulevard, Chattanooga, Tennessee 37407.

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 TN111-
01-7094.

SUPPLEMENTARY INFORMATION: On May 18, 1993, the State of Tennessee 
submitted a formal revision to the Chattanooga/Hamilton County portion 
of its SIP incorporating changes to the ambient air quality standards 
for particulate matter and definitions. They also submitted changes to 
their asbestos emission standard, their hazardous air pollutants (HAP) 
standard and their new source performance standards (NSPS). In a letter 
from Mr. Doug Neeley, Chief of the Air Programs Branch in EPA Region 4, 
to Mr. John Walton, Director of the Division of Air Pollution Control 
of the Tennessee Department of Environment and Conservation, dated June 
15, 1995, EPA requested that the NSPS, HAP, and asbestos related 
revisions be withdrawn by the State. This withdrawal was requested 
because the Federally enforceable National Emission Standards for 
Hazardous Air Pollutants (NESHAP) are contained in 40 CFR Parts 61 and 
63, and the Federally enforceable NSPS are contained in 40 CFR Part 60; 
therefore, these are not required to be approved in the SIP. On October 
3, 1995, the State of Tennessee officially withdrew their request to 
amend the NSPS Rule 15, the Emissions Standards for Hazardous Air

[[Page 14635]]
Contaminants Rule 16, and the Emission Standard for Asbestos Rule 17. 
Furthermore, the EPA is taking no action on the proposed revisions to 
Section 4-8 which address the asbestos related requirements for 
building demolition and renovation, in accordance with the requirements 
of Rule 17.
    EPA is approving the following revisions. These revisions and 
additions are summarized in the following paragraphs. All codification 
references are to the City of Chattanooga's Code.

1. Section 4-2, Definitions

    The following definitions have been revised.
    A. Best Available Control Technology (BACT)--The revised definition 
specifies that BACT is applicable to emissions from any proposed major 
stationary source or major modification. This revised definition also 
allows a source to demonstrate that technological or economic 
limitations of the particular emissions unit would make the imposition 
of an emissions limitation infeasible; the source is allowed to propose 
an alternate method to satisfy the requirement for the application of 
BACT. Any proposed alternate method (design, equipment work practice, 
operations standard or combination thereof) should set forth the 
emissions reduction achievable by its implementation, and must be 
approved by the Director.
    B. Volatile organic compound (VOC)--The definition for VOC has been 
revised in accordance with the definition in 40 CFR Part 52.100. The 
definition of a VOC as a compound of carbon with a vapor pressure 
greater than 0.1 millimeters of mercury at standard conditions has been 
replaced with the definition in 40 CFR Part 52.100(s).

2. Section 4-2, Definitions

    The following definitions have been added.
    A. Owner or operator of a demolition or renovation activity--this 
means any person who owns, leases, operates, controls, or supervises 
the facility being demolished or renovated or any person who owns, 
leases operates, controls or supervises the demolition or renovation, 
or both.
    B. Primary Air Quality Standards: Primary ambient air quality 
standards define levels of air quality believed adequate, with an 
appropriate margin of safety, to protect public health.
    C. Secondary Air Quality Standards: Secondary ambient air quality 
standards define levels of air quality believed adequate with an 
appropriate margin of safety, to protect the public welfare from any 
known anticipated adverse effects of the pollutant.

3. Section 4-41, Rule 21

    In this rule, Chattanooga is adopting the Tennessee Air Pollution 
Control Regulations, Chapter 1200-3-3-.03. This consists of two tables. 
Table I contains the standards for Total Suspended Particulates (TSP), 
PM10, Sulfur Dioxide, Carbon Monoxide, Ozone, Nitrogen Dioxide, 
and Lead. Table II is Tennessee's standards for gaseous fluorides 
(expressed as HF). These standards are part of the Tennessee Federally 
approved SIP and are acceptable for adoption into the Chattanooga/
Hamilton County portion of the SIP.

4. Section 4-41, Rule 25.2(33)

    The definition for VOC has been revised to bring it into accordance 
with the definition of VOC in 40 CFR Part 52.100. The previous 
definition is deleted and replaced with the definition in 40 CFR Part 
52.100(s).

Final Action

    EPA is approving the aforementioned revisions contained in the 
State's May 18, 1993, submittal. EPA is also approving these same 
revisions in the Hamilton County Code and the city/town codes of the 
remaining municipalities in Hamilton County (Soddy-Daisy, Ridgeside, 
Signal Mountain, Walden, Lookout Mountain, East Ridge, Red Bank, 
Collegedale, and Lakesite). However, EPA has not reviewed the substance 
of the regulations for Hamilton County or the other nine 
municipalities. These rules were submitted as being essentially the 
same as the City of Chattanooga's regulations. The EPA's approval of 
these additional ordinances for the County and the remaining nine 
municipalities 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 submittal, EPA will continue to require the State 
to correct any such rule deficiencies despite EPA's approval.
    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 June 3, 1996 unless 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 June 3, 1996.
    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 June 3, 
1996. 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

[[Page 14636]]
with jurisdiction over populations of less than 50,000.
    SIP 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 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
    Environmental Protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: February 15, 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)(136) to read 
as follows:
Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (136) Revisions to the Chattanooga/Hamilton County Air Pollution 
Control Regulations submitted by the Tennessee Department of 
Environment and Conservation on May 18, 1993.
    (i) Incorporation by reference.
    (A) The Chattanooga City Code, Part II, Chapter 4, is revised as 
shown in the following paragraphs. These revisions were adopted on 
March 9, 1993.
    (1) Section 4-2: the definitions for Best available control 
technology (BACT); Owner or operator of a demolition or renovation 
activity; Primary Air Quality Standards; and Secondary Air Quality 
Standards.
    (2) Section 4-41: Rule 21, ``Ambient Air Quality Standards.''
    (3) Section 4-41: Rule 25.2, subparagraph 33.
    (B) The Hamilton County Air Pollution Control Regulation is revised 
as shown in the following paragraphs. These revisions were adopted on 
April 7, 1993.
    (1) Section 16: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 9: Rule 25.2, subparagraph 33.
    (3) Section 9: Rule 21, ``Ambient Air Quality Standards.''
    (4) Section 25, ``Regulations cumulative.''
    (C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation, 
Chapter 1, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted on March 18, 1993.
    (1) Section 8-102: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-141: Rule 25.2, subparagraph 21.
    (3) Section 8-141: Rule 21, ``Ambient Air Quality Standards.''
    (D) The Ridgeside Air Pollution Control Ordinance is revised as 
shown in the following paragraphs. These revisions were adopted on 
April 20, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (E) The Signal Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted on 
March 8, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (F) The Walden Air Pollution Control Ordinance is revised as shown 
in the following paragraphs. These revisions were adopted on adopted 
March 9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 33.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (G) The Lookout Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted 
March 9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    
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    (H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as 
shown in the following paragraphs. These revisions were adopted March 
16, 1993.
    (1) Section 8-302: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-341: Rule 25.2, subparagraph 21.
    (3) Section 8-341: Rule 21, ``Ambient Air Quality Standards.''
    (I) The Collegedale Municipal Code, Title 8, Health and Sanitation, 
Chapter 5, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted April 12, 1993.
    (1) Section 8-502: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-541: Rule 25.2, subparagraph 33.
    (3) Section 8-541: Rule 21, ``Ambient Air Quality Standards.''
    (J) The Lakesite Municipal Code, Title 4, Building, Utility, 
Housing and Air Pollution Control Codes, Chapter 6, Air Pollution 
Control Ordinance is revised as shown in the following paragraphs. 
These revisions were adopted March 30, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (K) The East Ridge City Code, Title 8, Health and Sanitation, 
Chapter 7, Air Pollution Control is revised as shown in the following 
paragraphs. These revisions were adopted March 11, 1993.
    (1) Section 8-702: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator 
of a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-741: Rule 25.2, subparagraph 21.
    (3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
    (ii) Other material. None.

[FR Doc. 96-7917 Filed 4-2-96; 8:45 am]
BILLING CODE 6560-50-P