[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39332-39334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19202]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN 119-1-6379a; TN 172-1-9639a; FRL-5539-9]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Tennessee State Implementation Plan 
Regarding Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the Tennessee State 
Implementation Plan (SIP) submitted by the State of Tennessee on 
September 1, 1993, and June 10, 1996. These revisions pertain to the 
Construction Permit chapter. The purpose of these revisions is to 
correct certain deficiencies to satisfy the requirements of the Clean 
Air Act (CAA) concerning Prevention of Significant Deterioration (PSD).

DATES: This final rule is effective September 12, 1996 unless notice is 
received by August 28, 1996 that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region 4 Environmental 
Protection Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365.
    Copies of the 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 appropriate office at least 24 hours 
before the visiting day.

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 Department of Environment and Conservation, Division of Air 
Pollution Control, 9th Floor L & C Annex, 401 Church Street, Nashville, 
Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555 extension 4216.

SUPPLEMENTARY INFORMATION: On September 1, 1993, and June 10, 1996, the 
State of Tennessee submitted revisions to chapter 1200-3-9-.01 
``Construction Permits'' of the Tennessee SIP to correct certain 
deficiencies to satisfy the requirements of the CAA concerning PSD.
    The revisions to chapter 1200-3-9-.01 ``Construction Permits'' 
contained in the September 1, 1993, submittal are as follows:
    1. Subparagraphs (c), (d), (e), (f), (g), and (h) were added to 
paragraph (1) ``Application for Construction Permit.'' These 
subparagraphs were added to incorporate the requirements of Subpart I--
Review of New Sources and Modifications as published in the Code of 
Federal Regulations (40 CFR part 51) specifically addressing legally 
enforceable procedures and the public availability of information on 
permit applications.
    2. Paragraph (2) ``Definitions'' was amended to add definitions for 
the terms ``Control strategy,'' ``National ambient air quality 
standard,'' ``Best available control technology (BACT),'' and ``Lowest 
achievable emission rate (LAER).'' These definitions are consistent 
with requirements of 40 CFR part 51, Subpart I--Review of New Sources 
and Modifications.
    3. Paragraph (4) ``Prevention of Significant Air Quality 
Deterioration'' was amended to clarify applicability.
    The following definitions were amended:

``Major stationary source'';
``Major modification'';
``Net emission increases'';
``Building, structure, facility, or installation'';
``Pollutant'';
``Baseline area'';
``Baseline date'';
``Baseline concentration'';
``Secondary emissions'';
``Innovative control technology'';
``Fugitive emissions''; and
``Significant''.

    The following definitions were added:

``Volatile Organic Compound (VOC)'';
``Dispersion technique''; and
``Good engineering practice (GEP).''

    These definitions are consistent with requirements of 40 CFR part 
51, Subpart I--Review of New Sources and Modifications. Requirements 
relating to the control of nitrogen oxides (NOX) emissions as well 
as requirements which were necessary to maintain delegation of 
authority of the PSD programs were added.
    The revisions to chapter 1200-3-9-.01 ``Construction Permits'' 
contained in the June 10, 1996, submittal are as follows:
    1. Subparagraph (f) of paragraph (4) was amended by deleting 
standards for Total Suspended Particulates (TSP) and replacing them 
with standards for PM10.
    2. Subparagraph (b) of paragraph (2) was amended by adding language 
to the definition of ``Control Strategy'' stating that a prohibition of 
a fuel or fuel additive used in motor vehicles may be implemented if 
necessary to achieve a primary or secondary air standard.
    3. Subparagraph (e) of paragraph (2) was amended by deleting the 
terms ``major'' and ``or major modifications'' from the definition of 
``Lowest achievable emission rate (LAER).''
    4. Part 1. of subparagraph (a) of paragraph (4) was amended by 
changing the phrase ``shall be constructed'' to ``shall begin actual 
construction.''
    5. Subparagraph (b) of paragraph (4) was amended by adding the 
definition for ``Welfare.''
    6. Part 7. of subparagraph (b) of paragraph (4) was amended by 
adding the phrase ``except the activities of any

[[Page 39333]]

vessel'' to the first line in the definition of ``Building, structure, 
facility, or installation.''
    7. Subparts (iii), (vi), and (vii) of Part 7. of subparagraph (e) 
of paragraph (4) were amended by inserting the phrase ``the Technical 
Secretary determines'' to replace the words ``it is determined'' or 
``it can be determined.''
    8. Part 1. of subparagraph (n) of paragraph (4) was amended by 
deleting the word ``significantly'' from the second sentence.
    9. Part 2. of subparagraph (o) of paragraph (4) was amended by 
making corrections to the introductory paragraph to be consistent with 
the Federal rule.
    10. Miscellaneous typographical errors were corrected throughout 
the chapter.

Final Action

    EPA is approving the above referenced revisions to the Tennessee 
SIP because they meet the requirements of 40 CFR part 51, subpart I--
Review of New Sources and Modifications. This action is being taken 
without prior proposal because the EPA 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 on September 12, 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 this action serving as a 
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 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 (60 days from date of 
publication). 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 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 section 110 of the CAA. 
These rules may bind State, local and tribal governments to perform 
certain duties. EPA has examined whether the rules being approved by 
this action will impose any mandate upon the State, local or tribal 
governments either as the owner or operator of a source or as a 
regulator, or would impose any mandate upon the private sector. EPA's 
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. Therefore, 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.
    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APAA) 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 the 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    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.

[[Page 39334]]

Subpart RR--Tennessee

    2. Section 52.2220 is amended by adding paragraph (c)(137) to read 
as follows:


Sec. 52.2220   Identification of plan.

* * * * *
    (c) * * *
    (137) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on September 1, 1993, and June 10, 1996. These consist of 
revisions to Chapter 1200-3-9-.01  CONSTRUCTION PERMITS.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-9-.01  CONSTRUCTION PERMITS of the Tennessee 
Department of Environment and Conservation which became state effective 
August 18, 1996.
    (ii) Other material. None.
* * * * *
[FR Doc. 96-19202 Filed 7-26-96; 8:45 am]
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