[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38390-38392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18646]


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[[Page 38391]]


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-173-9637a; FRL-5538-2]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Source Specific Nitrogen Oxide Permits Into the Tennessee 
State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving two source specific permits 
into the Tennessee State Implementation Plan (SIP) submitted to EPA by 
Tennessee, through the Tennessee Department of Air Pollution Control 
(TDAPC) which limit nitrogen oxide (NOX) emissions for certain 
engines at the Tenneco Energy Portland facility located in Sumner 
County, Tennessee. These permits are necessary because NOX 
reductions from the Tenneco Energy Portland facility were used in 
calculating the NOX emissions projections in the maintenance plan 
for the Middle Tennessee ozone nonattainment area. EPA is proposing 
approval of the ozone redesignation request in a separate action.

DATES: This final rule is effective September 23, 1996 unless adverse 
or critical comments are received by August 23, 1996. 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 
William Denman at the Environmental Protection Agency, Region 4 Air 
Programs Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365. 
Copies of 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. Reference file TN173-01-9637. The Region 4 office may 
have additional background documents not available at the other 
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, William Denman, 404/347-
3555 extension 4208.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, L & C Annex, 9th Floor, 401 Church Street, 
Nashville, Tennessee 37243-1531, 615/532-0554.

FOR FURTHER INFORMATION CONTACT: William Denman 404/347-3555 extension 
4208.

SUPPLEMENTARY INFORMATION: On May 31, 1996, Tennessee, through the 
Tennessee Department of Air Pollution Control (TDAPC), submitted to EPA 
for incorporation into the SIP, two permits which limit nitrogen oxide 
(NOX) emissions for certain engines at the Tenneco Energy Portland 
facility located in Sumner County, Tennessee. The permits contain 
requirements and emission limits for reciprocating engines and 
auxiliary generators which are used for the purpose of pumping natural 
gas.
    The first permit (#045022F) was issued to the Midwestern Gas 
Transmission Company, Compressor Station 2101 which operates 3 
Ingersoll Rand KVS-412 (2000 horsepower [hp]), 1 Ingersoll Rand KVT-512 
(3000 hp), and 1 Cooper-Bessemer 8V-250 (2700 hp) reciprocating engines 
at the Portland facility. This operating permit contains a provision 
which requires clean-burn retrofit to be utilized on Ingersoll-Rand 
KVS-412 engine 1A and Cooper-Bessemer 8V-250 engine 5A. Engine 1A is 
required to have an emission rate not exceeding 18.01 grams per hp-hour 
and engine 5A is required to have an emission rate not exceeding 8.55 
grams per hp-hour.
    The second permit (#045025F) was issued to Tennessee Gas Pipeline 
which operates 33 Cooper-Bessemer two-cycle reciprocating engines with 
a total of 49,700 hp and 7 Ingersoll Rand four-cycle auxiliary 
generators with a total of 2,704 hp. This permit prohibits engine 
number three (Cooper-Bessemer 16V-250 rated at 550 hp) from operating 
without installing a clean-burn retrofit modification and limits the 
emission rate to not exceed 3.6 grams per hp-hour. Also, this permit 
requires that parametric controls be used on engines 1 and 2 (Cooper-
Bessemer GMWC-10 rated at 3400 hp each) and limits the emission rate of 
these engines to 37.3 grams per hp-hour.
    The NOX controls and limits in these two permits must be 
approved into the Tennessee SIP prior to the approval of the Middle 
Tennessee ozone redesignation request because NOX reductions from 
the Tenneco Energy Portland facility were used in calculating the 
NOX emissions projections in the maintenance plan for the Middle 
Tennessee ozone nonattainment area.
    These permits, which provide NOX emission controls, are not 
being approved as meeting the NOX Reasonably Available Control 
Technology (RACT) requirements of the Clean Air Act (CAA) because EPA 
is granting a NOX RACT exemption for the Middle Tennessee ozone 
nonattainment area under 182(f) of the CAA in a separate action. If the 
Middle Tennessee ozone nonattainment area violates the ozone standard 
prior to the final approval of the ozone redesignation request, the 
NOX RACT exemption will become void and all major NOX sources 
located in the nonattainment area will be subject to the federal 
NOX RACT requirements of the CAA.

Final Action

    The EPA is approving the aforementioned permits into the Tennessee 
SIP because they are consistent with the CAA and EPA policy. This rule 
making is being published without a prior proposal for approval 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 September 23, 1996 unless, by August 23, 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 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 September 23, 1996.
    Under section 307(b)(1) of the Clean Air Act (CAA), 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 
September 23, 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

[[Page 38392]]

307(b)(2) of the CAA, 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. 601 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 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. 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 182 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 any new requirements. Since such sources are already 
subject to these regulations under State law, no new requirements are 
imposed by this approval. 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: July 2, 1996.
A. Stanley Meiburg,
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)(142) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (142) Addition of two source specific nitrogen oxide (NOx) permits 
for certain engines at Tenneco Energy's Portland facility located in 
Sumner County, Tennessee, submitted by the Tennessee Department of Air 
Pollution Control (TDAPC) to EPA on May 31, 1996.
    (i) Incorporation by reference.
    (A) Operating Permit number 045022F, approved on May 31, 1996, 
except conditions 2, 3, 6, and 7.
    (B) Operating Permit number 045025F, approved on May 31, 1996, 
except conditions 2, 4, and 5.
    (ii) Other material. None.

[FR Doc. 96-18646 Filed 7-23-96; 8:45 am]
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