[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18966-18968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[TN-KNOX-95-01; FRL-5464-1]
Clean Air Act Final Full Approval of Operating Permits Program;
Knox County Department of Air Pollution Control, Knox County, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: The EPA is promulgating full approval of the title V operating
permits program submitted by the State of Tennessee on behalf of the
Department of Air Pollution Control (``Knox County'' or ``the
County''), located in the geographic area of Knox County. The County's
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: May 30, 1996.
ADDRESSES: Copies of the Knox County 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, on the 3rd floor of the Tower Building.
Interested persons wanting to examine these documents, contained in EPA
docket number TN-KNOX-95-01, should make an appointment at least 24
hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Gracy R. Danois, 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
[[Page 18967]]
Clean Air Act (``the Act'')), and 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. EPA's 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 program.
On November 8, 1995, EPA proposed full approval, or in the
alternative, interim approval of the operating permits program for Knox
County. See 60 FR 56281. The November 8, 1995, Federal Register
document also proposed approval of the County'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. On
March 6, 1996, the State of Tennessee submitted on behalf of Knox
County a package containing revisions to the operating permits program,
which addressed the deficiencies discussed in the full/interim approval
document. As required in the November 8, 1995, Federal Register
document, the County made the following revisions to the Knox County
Air Pollution Control (K.C.A.P.C.) regulations:
1. K.C.A.P.C. section 25.70.7.e.2.i.B was amended to include the
following language: ``Notwithstanding paragraphs e.2.i.A and e.3.i. of
this section, minor permit modification procedures may be used for
permit modifications involving the use of economic incentives,
marketable permits, emissions trading, and other similar approaches, to
the extent that such minor permit modification procedures are
explicitly provided for in an applicable implementation plan or in
applicable requirements promulgated by EPA. The Department may
establish additional requirements for such permit conditions.''
2. K.C.A.P.C. section 30.1.D was amended to include the following
statement: ``These penalties shall be recoverable in a maximum amount
of $25,000 per day per violation as provided by state law.''
3. K.C.A.P.C. section 30.1.G was amended to include the following
language: ``The Director has the authority to restrain or enjoin
immediately and effectively any person, by order or by suit in court,
from engaging in any activity in violation of a permit or the Knox
County Air Pollution Control Regulations that is presenting an imminent
and substantial endangerment to the public health or welfare, or the
environment.''
4. K.C.A.P.C. section 30.1.F was amended to include the following
statement at the end of the section: ``Such actions may be taken by the
Director without the necessity of a prior revocation of any permit.''
These changes and other minor revisions to the County's title V
program became locally effective on January 10, 1996.
In this action, EPA is promulgating full approval of the Knox
County title V 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
The EPA is promulgating full approval of the title V operating
permits program submitted by the State of Tennessee, on behalf of Knox
County, on November 12, 1993, and supplemented on August 24, 1994;
January 6 and 19, 1995; February 6, 1995; May 23, 1995; September 18
and 25, 1995; and March 6, 1996. The November 8, 1995, Federal Register
notice established that Knox County would receive full approval of its
program if the changes to the County's regulations described in the
previous section were adopted prior to final promulgation. Knox County
has demonstrated that the program is adequate to meet the minimum
elements of a state or local operating permits program as specified in
40 CFR part 70.
The scope of the County's part 70 program approved in this document
applies to all part 70 sources (as defined in the approved program)
within Knox County, except any sources of air pollution over which an
Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov.
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 (Aug. 25, 1994); 58 FR
54364 (Oct. 21, 1993).
B. Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Knox County's preconstruction review
program found in K.C.A.P.C. section 25.1 as a mechanism to implement
section 112(g) during the transition period between promulgation of
EPA's section 112(g) rule and the County'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 Knox County 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
the County 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 the County's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under part
70. Therefore, the EPA is also promulgating approval under section
112(l)(5) and 40 CFR 63.91 of Knox County'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 Knox County submittal and other information relied
upon for the final full approval are contained in docket number TN-
KNOX-95-01 maintained at the EPA Regional 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 final full
approval. The docket is available for public inspection at the location
listed under the ADDRESSES section of this document.
[[Page 18968]]
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The 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.
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: April 19, 1996.
A. Stanley Meiburg,
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. Appendix A to part 70 is amended by adding paragraph (c) to the
entry for Tennessee to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Tennessee
* * * * *
(c) The Knox County Department of Air Pollution Control; submitted
on November 12, 1993, and supplemented on August 24, 1994; January 6
and 19, 1995; February 6, 1995; May 23, 1995; September 18 and 25,
1995; and March 6, 1996; full approval effective on May 30, 1996, in
the Federal Register.
* * * * *
[FR Doc. 96-10657 Filed 4-29-96; 8:45 am]
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