[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39326-39329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-113-6768a; TN-122-6767a; TN-133-6568a; TN-138-6766a; TN-163-9625a; 
TN-170-9630a; FRL-5529-5]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Tennessee SIP and the Nashville/Davidson 
County Portion of the Tennessee SIP Regarding Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is acting on revisions to the Tennessee 
State Implementation Plan (SIP) submitted to EPA by Tennessee, through 
the Tennessee Department of Air Pollution Control (TDAPC) which add a 
new chapter to the Nashville/Davidson County and the State portion of 
the Tennessee SIP for the control of nitrogen oxide (NOX) 
emissions. Only the portions of the Tennessee NOX rule necessary 
for the approval of Tennessee's ozone redesignation request are being 
approved in this notice. EPA is granting an exemption to the area under 
182(f) of the Clean Air Act (CAA) from NOX Reasonably Available 
Control Technology (RACT) requirements in a separate action. The only 
sources which will be subject to this rule are tangentially-fired coal 
burning boilers which have a heat input capacity in excess of 600 
million BTU per hour in the five county Nashville ozone nonattainment 
area.

DATES: This final rule is effective September 27, 1996 unless adverse 
or critical comments are received by August 28, 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 files TN113-01-6768, TN122-01-6767, TN133-01-
6568, TN138-01-6766, TN163-01-9625, and TN170-01-9630. 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.

[[Page 39327]]

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: Tennessee submitted the State's NOX 
chapter (1200-3-27) for incorporation into the State's portion of the 
Tennessee SIP in submittals dated June 14, 1993, (reference file TN113-
01-6768) and May 26, 1994, (reference file TN133-01-6568). The State 
then submitted revisions to chapter 1200-3-27 on July 29, 1994, 
(reference file TN138-01-6766), February 23, 1996, (reference file 
TN163-01-9625), and April 29, 1996, (reference file TN170-01-9630). 
Tennessee submitted the NOX chapter (Regulation Number 14) for the 
Nashville/Davidson County portion of the Tennessee SIP on September 28, 
1993, (reference file TN122-01-6767). EPA is acting only on the 
portions of these submittals necessary for the approval of the 
Nashville ozone redesignation request. EPA is granting an exemption 
from NOX RACT requirements for the five county nonattainment area 
under 182(f) of the CAA. It is necessary for approval of the Nashville 
ozone redesignation request to approve control measures into the SIP 
for tangentially-fired coal burning boilers since some NOX 
reductions were obtained from these sources prior to the attainment of 
the ozone standard in the area. The rules are being approved into the 
SIP as discussed below.

State of Tennessee NOX Chapter: Chapter 1200-3-27 ``Nitrogen 
Oxides''

    1200-3-27-.01  ``Definitions'': This section contains the 
definitions for facility and nitrogen oxides and states that the 
definitions in the Volatile Organic Compound chapter will apply to 
terms not defined in chapter 1200-3-27. This section is being approved 
into the Tennessee SIP.
    1200-3-27-.02  ``General Provisions and Applicability'': This rule 
contains six paragraphs. Paragraph (1) states that the standards and 
requirements of rule 1200-3-27 will apply to certain sources of 
nitrogen oxides. Paragraph (2) states that a more stringent emission 
limit than otherwise specified may be established. Paragraph (3) states 
that nothing in this chapter shall be used to exempt sources from 
meeting other applicable requirements. Paragraph (4) prevents sources 
from concealing emissions. Paragraph (5) requires sources to pay costs 
associated with publishing required legal notices for source specific 
compliance requests. EPA is approving the above paragraphs into the 
Tennessee SIP. Paragraph (6) contains the emissions statement 
requirement for NOX. In an amendment dated February 23, 1996, the 
State proposed to remove Knox county from the emissions statement 
requirement. Since Knox county applied for redesignation to attainment 
for ozone prior to November 14, 1992, and since the State demonstrated 
that the elimination of this requirement will not adversely affect the 
area's maintenance of the ozone standard, EPA is approving the 
emissions statement without Knox County in the applicability portion.
    1200-3-27-.03  ``Standards and Requirements'': Paragraph (1) gives 
the applicability requirements for NOX emission standards. 
Subparagraph (1)(a) requires all sources located in the five county 
ozone nonattainment area which have the potential to emit 100 tons per 
year (tpy) or more of NOX to apply RACT. EPA is not approving 
subparagraph (1)(a) into the Tennessee SIP. Subparagraph (1)(b) 
requires all tangentially-fired coal burning boilers located in the 
five county ozone nonattainment area with a heat input capacity in 
excess of 600 million BTU per hour to not allow emissions of NOX 
from that boiler in excess of 0.45 pounds per million BTU on a 30-day 
rolling average. EPA is approving paragraph (1) and subparagraph (1)(b) 
of this section into the Tennessee SIP.
    Paragraph (2) states that for the purpose of determining 
applicability to paragraph (1)(a), the NOX emissions from all 
process emission sources and fuel burning equipment shall be totaled. 
Paragraph (2) is not being approved into the Tennessee SIP because it 
applies only to those sources subject to subparagraph (1)(a), which is 
also not being approved into the SIP.
    Paragraph (3) determines the compliance schedules for sources 
subject to this chapter. Subparagraph (3)(a) contains the compliance 
schedule for tangentially-fired coal burning boilers and is therefore 
being approved into the Tennessee SIP. Subparagraph (3)(b) contains the 
compliance schedule for the other sources subject to this rule and is 
not being approved into the Tennessee SIP.
    Paragraph (4) exempts certain sources from the requirements of 
chapter 1200-3-27. This does not affect those sources subject to rule 
1200-3-27-.03(1)(b) which are being approved into the SIP. Therefore, 
EPA is not approving paragraph (4) into the SIP.

Nashville/Davidson County NOX Rule: Regulation Number 14--
``Regulation for the Control of Nitrogen Oxides''

    Section 14-1  ``Definitions'': This section gives definitions for 
terms used in this chapter and states that the definitions in Chapter 
10.56.010 which is the definitions section of the Nashville/Davidson 
County Air Pollution Control Chapter shall be used to define terms not 
defined in this section. EPA is approving this section into the 
Nashville/Davidson County portion of the Tennessee SIP.
    Section 14-2  ``Emission Standards'': Paragraph (b) requires 
tangentially-fired coal burning boilers in excess of 600 million BTU 
per hour to not allow emissions from that boiler to exceed 0.45 pounds 
per million BTU on a 30-day rolling average. EPA is approving this 
paragraph (b) of this section into the SIP. The other paragraphs of 
this section contain requirements for other sources and at this time 
are not necessary to be SIP approved. Therefore, EPA is not approving 
the other paragraphs into the SIP at this time.
    Section 14-3  ``Procedure for Determining RACT'': Since EPA is 
granting an exemption for Davidson County from NOX RACT 
requirements in a separate action, this section is not being approved 
into the SIP.
    Section 14-4  ``Recordkeeping and Reporting Requirements'': This 
section gives the recordkeeping and reporting requirements for this 
regulation. EPA is approving this section into the SIP.
    Section 14-5  ``Compliance Schedule'': This section contains the 
compliance schedule for sources subject to this rule. EPA is approving 
this section into the SIP.
    As stated in the approval of the NOX RACT exemption request, 
until the five county middle Tennessee ozone nonattainment area is 
designated attainment, the continuation of the section 182(f) exemption 
granted is contingent upon continued monitoring and continued 
maintenance of the O3 NAAQS in the entire Middle Tennessee 
nonattainment area. If there is a violation of the O3 NAAQS in any 
portion of the Middle Tennessee nonattainment area, the exemption will 
no longer be applicable as of the date of any such determination. A 
determination that the NOX exemption no longer applies would mean 
that the NOX RACT requirement is immediately applicable to the 
affected area. EPA believes some reasonable period of notice is 
necessary to provide major stationary sources subject to the RACT 
requirement time to purchase, install, and operate any required 
controls.

[[Page 39328]]

Accordingly, the State may provide sources a reasonable time period to 
meet the RACT emission limits after the EPA determination that NOX 
RACT requirement is necessary. EPA expects the time period to be as 
expeditious as practicable, but in no case longer than 24 months. The 
approval of this exemption from federal NOX requirements in no way 
exempts sources from any NOX controls required by the State.

Final Action

    The EPA is approving the aforementioned revisions to 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 27, 1996 unless, by August 28, 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 27, 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 27, 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 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.
    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: June 14, 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 (c)(139) to read as 
follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides'' 
submitted by the Tennessee Department of Air Pollution Control (TDAPC) 
to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29, 
1994, February 23, 1996.
    (i) Incorporation by reference.
    (A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-
3-27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3) 
introductory sentence, (3)(a), effective as of October 28, 1995.

[[Page 39329]]

    (B) Nashville/Davidson County regulation number 14 ``Regulation for 
the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b); 
Section 14-4; Section 14-5; adopted on August 10, 1993.
    (ii) Other material. None.

[FR Doc. 96-19143 Filed 7-26-96; 8:45 am]
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