[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Rules and Regulations]
[Pages 43643-43645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-142-9727(a); FRL-5872-9]


Approval and Promulgation of Revisions to Tennessee SIP Chapter 
1200-3-5 Visible Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 4, 1994, Tennessee submitted, through the 
Department of Environment and Conservation, a new chapter 1200-3-5 
Visible Emissions to replace the existing chapter 1200-3-5 Visible 
Emissions in the Tennessee State Implementation Plan (SIP). These 
revisions include amendments and repeals of existing rules. EPA is 
approving these amendments and repeals as they conform to the 
requirements of the SIP as set out in the Clean Air Act (CAA) as 
amended in 1990.

DATES: This final rule is effective October 14, 1997 unless adverse or 
critical comments are received by September 15, 1997. 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 Randy 
Terry at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, Atlanta, Georgia 30303.
    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 and reference file TN 142-01-9727. 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 Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303.
    Department of Environment and Conservation, 9th Floor L & C Annex, 
401 Church St, Nashville, TN 37243-1531.

FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street 
SW., Atlanta, Georgia, 30303. The telephone number is (404) 562-9032.

SUPPLEMENTARY INFORMATION: On October 4, 1994, Tennessee submitted, 
through the Department of Environment and Conservation, revisions to 
the Tennessee SIP. Tennessee submitted a new chapter 1200-3-5 Visible 
Emissions to replace the existing chapter. This new chapter contains 
all of the changes made to the chapter. In this document, the specific 
changes to each regulation will be independently addressed.

Chapter 1200-3-5-.01 General Standard

    This rule was amended to incorporate paragraphs (2) and (3) which 
require that all sources identified in chapter 1200-3-19 must comply 
with this rule. This rule also allows for an emission limit to be set 
that is more restrictive than that otherwise specified in this

[[Page 43644]]

chapter if there is mutual agreement between any air contaminant source 
and the Technical Secretary.

Chapter 1200-3-5-.02 Exceptions

    This rule was amended to adopt language that allows for the 
Technical Secretary to conduct an Administrative Hearing in the event 
of a dispute between the owner or operator of an air contaminant source 
and the Tennessee Air Pollution Control Division.

Chapter 1200-3-5-.03 Methods of Evaluation and Recording

    This rule was amended to set forth the provisions in which a 
determination of visible emissions can be made and specifies that a 
certified evaluator (evaluator must be certified by criteria approved 
by the board) must make the determination. This rule specifies that 
obscuration of vision caused by water droplets shall not be considered 
a violation of this rule and that all new and/or modified sources on or 
after July 7, 1992, subject to the provisions in this chapter shall 
utilize six-minute averaging. Visible emissions determinations for 
roads and parking lots shall utilize two-minute averaging.

Chapter 1200-3-5-.04 Exemption

    This rule was amended to clarify the restrictions on when the 
exemption to visible emissions can be applied. The rule allows for 
exemptions from fuel-burning equipment used exclusively to provide 
space heating in a building containing not more than two (2) dwelling 
units. In addition this rule also exempts all sources that have an 
applicable visible emissions standard under chapter 1200-3-16.

Chapter 1200-3-5-.05 Standard for Certain Existing Sources

    This rule was adopted to set the emission standards that certain 
sources must meet. This rule applies to all sources meeting the 
conditions in paragraphs (2) and (3) of this rule and for which a 
certificate of validation has been issued by the Technical Secretary 
indicating that the conditions in paragraph (2) are met. The selected 
sources must have no visible emissions in excess of forty percent 
opacity for an aggregate of more than five minutes in any one hour or 
more than twenty minutes in any twenty four hour period.
    The Technical Secretary must issue a certificate of validation if 
the owner or operator of the air contaminant source demonstrates to the 
satisfaction of the Technical Secretary that certain conditions are 
met. The conditions include but are not limited to the air contaminant 
source being subject to the rules contained in either Chapter 1200-3-6 
or Chapter 1200-3-7 and meeting the appropriate emission standard 
contained in those chapters.

Chapter 1200-3-5-.07 Certain Wood Fired Fuel Burning Equipment

    This rule was repealed.

Chapter 1200-3-5-.06 Wood-Fired Fuel Burning Equipment, Chapter 
1200-3-5-.08 Titanium Dioxide (Ti02) Manufacturing, 
1200-3-5.10 Choice of Visible Emission Standards for Certain Fuel 
Burning Equipment and 1200-3-5.11 Soda Recovery Boilers

    These rules were not revised.

Chapter 1200-3-5-.09 Kraft Mill Recovery Furnaces

    This rule was amended to include a section that specifies that the 
proper procedure for a source to obtain the applicable opacity de 
minimus level is to monitor the opacity emissions as described in Rule 
1200-3-5-.02.

Chapter 1200-3-5-.12 Coke Battery Underfire (Combustion) Stacks

    This rule was added to set provisions that would allow an owner or 
operator of a coke battery underfire stack to elect within 30 days of 
notification of violation to conduct particulate emissions testing in 
accordance with the provisions of this chapter. The particulate 
emissions testing would be done to demonstrate compliance with the 
applicable particulate mass limitation within 45 days of the election. 
In the event that this testing demonstrates compliance with the mass 
emission limitation and visible emissions are in excess of the opacity 
limitation during this testing, the opacity observed during such 
testing shall become the alternate opacity limitation for that emission 
point. This rule also sets forth the appropriate methods to be used to 
determine an alternate opacity limitation.

Final Action

    EPA is approving Tennessee's revisions submitted on October 6, 
1994, for incorporation into the Tennessee SIP. 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 October 14, 
1997 unless, by September 15, 1997, 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 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 October 14, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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 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 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. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 
7410(k)(3).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 43645]]

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added 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 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 14, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 9, 1997.
Michael V. Peyton,
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)(157) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (157) The visible emission chapter revisions to the Tennessee SIP 
which were submitted on October 6, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-5 Visible Emissions effective on June 7, 1992.
    (ii) Other material. None.
* * * * *
[FR Doc. 97-21699 Filed 8-14-97; 8:45 am]
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