[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47055-47057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22807]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-146-2-9608a; FRL-5554-6]
Approval and Promulgation of Air Quality Implementation Plans,
Tennessee; Approval of Revisions To Permit Requirements, Definitions
and Administrative Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the permit requirements,
definitions, and administrative requirements for the Nashville/Davidson
County portion of the Tennessee State Implementation Plan (SIP). On
November 16, 1994, the State submitted revisions to the Nashville/
Davidson portion of the Tennessee SIP on behalf of Nashville/Davidson
County. These were revisions to the permit requirements for major
sources of air pollution, including revisions to the general
definitions, permit requirements, the Board's powers and duties, the
variances and hearings procedures, the measurement and reporting of
emissions, and the testing procedures. At this time, EPA is acting on
revisions submitted on November 16, 1994. EPA is approving all of the
submitted revisions except those which were submitted to meet the
requirements for enhanced monitoring. These will not be acted on at
this time.
DATES: This final rule is effective November 5, 1996 unless adverse or
critical comments are received by October 7, 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 Karen
C. Borel, at the EPA Regional Office listed below. Copies of the
documents relative to this action are available for public inspection
during normal business hours at the following locations. The
[[Page 47056]]
interested persons wanting to examine these documents should make an
appointment with the 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
Bureau of Environmental Health Services, Metropolitan Health
Department, Nashville-Davidson County, 311--23rd Avenue, North,
Nashville, Tennessee 37203
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: Karen C. Borel, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, N.E., Atlanta, Georgia 30365.The telephone number is
404/347-3555 x4197. Reference file TN-146-2-9608a.
SUPPLEMENTARY INFORMATION: The State of Tennessee submitted revisions
to the Nashville/Davidson County portion of the Tennessee SIP to EPA on
November 16, 1994. EPA found these submittals to be complete on
December 21, 1994. EPA approved several portions of this submittal on
July 28, 1995 (60 FR 38712), which were required for Nashville/Davidson
County's Federally enforceable local operating permit (FELOP) program.
At that time, EPA also approved Nashville/Davidson County's FELOP
program pursuant to section 112 of the Clean Air Act as amended in 1990
(CAA).
A. SIP Revisions
The Nashville/Davidson County Board of Health, officially adopted
proposed amendments to the Chapter 10.56, ``Air Pollution Control'' of
the Metropolitan Code of Laws on October 6, 1994. These regulatory
revisions to their Chapter 10.56 make changes to some definitions, to
their requirements for public hearings, and to some testing procedure
requirements. These revisions are the remainder of their plan to bring
the SIP into accordance with title I requirements and to support their
title V program. EPA is approving all of the following revisions except
where it is specifically noted that the proposed revisions are not
receiving action.
Section 10.56.010--Definitions
Definitions of ``Legally Enforceable'' and ``Uniform Administrative
Procedures Act'' were added. The definition of legally enforceable
states that ``all limitations and conditions which are enforceable by
the Director or the Administrator * * *'' in accordance with the
requirements of the CAA. The Uniform Administrative Procedures Act is
defined as the Tennessee Code Annotated Title 4, Chapter 5.
Section 10.56.020--Construction Permits
Paragraph (A)(2) was revised to require that all hearings now be
conducted in accordance with the Uniform Administrative Procedures Act.
This formerly stated that the hearing would simply be conducted before
the Nashville/Davidson County Metropolitan Board of Health.
Paragraph (N) was added to this section. This paragraph adds the
requirement for monthly notification of the public, through newspaper
advertisements, of the applicants seeking to obtain construction or
modification permits of air pollution sources.
Section 10.56.090.C.4--Board--Powers and Duties
This paragraph has been revised to change the appeal process for
civil penalties. This process was formerly conducted in accordance with
the provisions of another section in the SIP (10.56.020). This will now
be done according to the Uniform Administrative Procedures Act.
Section 10.56.110--Rules and Regulations--Hearing Procedures
Paragraph (A) has been revised to allow the Board to conduct a
hearing in accordance with the Uniform Administrative Procedures Act.
In paragraphs (B) and (B)(2), references to ``by the Board'' have
been deleted. This was done because of the new requirements to do
hearings in accordance with the Uniform Administrative Procedures Act,
as were previously discussed in the above paragraphs.
Section 10.56.120.B--Complaint Notice--Hearings Procedure
These hearings will now be conducted in accordance with the
contested cases provisions in the Uniform Administrative Procedures
Act, as previously defined. The specific requirements for conducting a
complaint hearing, as defined in subparagraphs (1) through (7) have
been deleted. These are now defined in the Uniform Administrative
Procedures Act.
Section 10.56.130.D.2--Variances--Hearings Procedure
These public hearings will now be conducted in accordance with the
Uniform Administrative Procedures Act.
Section 10.56.290.D and E--Measurement and Reporting of Emissions
The revisions to Section 10.56.290 for enhanced monitoring are in
response to a May 21, 1994, SIP call from EPA Region 4 which was based
on a proposed rule. However, the EPA is taking no action on revisions
to Section 10.56.290 of the Nashville/Davidson County SIP at this time
because the federal requirement to which the revision pertains is not
yet final.
Section 10.56.300.B--Testing Procedures
This paragraph addresses the requirements for demonstrating
compliance with emission standards. The phrase ``The determination of''
has been deleted and replaced with ``Source testing conducted for the
purpose of demonstrating.''
Final Action
EPA is fully approving the submitted revisions to the Nashville/
Davidson County portion of the Tennessee State Implementation Plan
(SIP) with the exception of the enhanced monitoring provisions in
Section 10.56.290, which are not being acted on in this rulemaking.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action 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 November 5, 1996 unless, by October 7, 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 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 on November 5, 1996.
[[Page 47057]]
Under section 307(b)(1) of the Act, 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 [insert
date 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 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) of the Act, 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 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 any SIP 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. 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 economic impact on a substantial number of small entities.
Small entities include small business, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under sections 110 and subchapter I, part D of the
Act 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, the Administrator
certifies 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 Act, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Act 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 (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 165 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 determined that the rules being approved by this action
will impose no new requirements, since 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.
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).
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference, Reporting and
recordkeeping requirements.
Dated: July 18, 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--[Amended]
2. Section 52.2220 is amended by adding paragraph (c)(141) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(141) On November 16, 1994, the State submitted revisions to the
Nashville/Davidson portion of the Tennessee State Implementation Plan
(SIP) on behalf of Nashville/Davidson County. These were revisions to
the permit requirements for major sources of air pollution, including
revisions to the general definitions, permit requirements, the Board's
powers and duties, the variances and hearings procedures, the
measurement and reporting of emissions, and the testing procedures.
These revisions incorporate changes to Nashville's Chapter 10.56 which
are required in the Clean Air Act as amended in 1990 and 40 CFR part
51, subpart I.
(i) Incorporation by reference.
(A) Code of Laws of the Metropolitan Government of Nashville and
Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290,
Air Pollution Control, approved on October 6, 1994, except Section
10.56.010, definition of ``Regulated Pollutant''; Section 10.56.050,
paragraphs (C), (D), and (E); Section 10.56.080.
(ii) Other material. None.
[FR Doc. 96-22807 Filed 9-5-96; 8:45 am]
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