

[Federal Register: September 14, 2007 (Volume 72, Number 178)]
[Rules and Regulations]               
[Page 52472-52475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se07-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0042-200726, FRL-8466-5]

 
Approval and Promulgation of Implementation Plans Tennessee; 
Approval of Revisions to the Tennessee SIP and the Nashville/Davidson 
County Portion of the Tennessee SIP; Prevention of Significant 
Deterioration and Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve revisions to the 
Tennessee State Implementation Plan (SIP) submitted by the State of 
Tennessee on February 23, 2006, and amended on April 16, 2007; and 
revisions to the Nashville/Davidson County portion of the Tennessee SIP 
submitted by the State of Tennessee on May 31, 2006. The SIP revisions 
modify the Tennessee and Nashville/Davidson County Prevention of 
Significant Deterioration (PSD) and Nonattainment New Source Review 
(NNSR) regulations in the Tennessee SIP to address changes to the 
federal new source review (NSR) regulations, which were promulgated by 
EPA on December 31, 2002, and reconsidered with minor changes on 
November 7, 2003 (commonly referred to as the ``2002 NSR Reform 
Rules''). EPA proposed approval of these revisions on July 23, 2007; no 
comments were received on that proposal. The revisions include 
provisions for baseline emissions calculations, an actual-to-projected-
actual methodology for calculating emissions changes, options for 
plant-wide applicability limits, and

[[Page 52473]]

recordkeeping and reporting requirements.

DATES: Effective Date: This rule will be effective October 15, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2006-0042. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 

in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 

in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Tennessee State Implementation Plan, contact Mr. James Hou, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-8965. Mr. Hou can also be reached via electronic mail at 
hou.james@epa.gov. For information regarding New Source Review, contact 

Ms. Yolanda Adams, Air Permits Section, at the same address above. The 
telephone number is (404) 562-9214. Ms. Adams can also be reached via 
electronic mail at adams.yolanda@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking final action to approve revisions to the Tennessee 
SIP and the Nashville/Davidson County portion of the Tennessee SIP 
regarding the Tennessee and Nashville NSR programs. On February 23, 
2006, and May 31, 2006, the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), submitted revisions 
to the Tennessee SIP and the Nashville/Davidson County portion of the 
Tennessee SIP. Nashville/Davidson County is separately authorized to 
implement and enforce the NSR program in that region of Tennessee. The 
February 23, 2006, SIP submittal consists of changes to the Tennessee 
Air Pollution Control Regulations. Specifically, the proposed SIP 
revisions include changes to TDEC Rule .01 of chapter 1200-3-9 
entitled, ``Construction Permits.'' The May 31, 2006, submittal 
consists of revisions to the Nashville Pollution Control Division's 
Regulation 3 entitled, ``New Source Review.'' TDEC submitted these 
revisions in response to EPA's December 31, 2002, revisions to the 
federal NSR program.
    In a letter to EPA dated April 16, 2007, Tennessee requested to 
amend the February 23, 2006, SIP submittal in light of the decision 
issued by the U.S. Circuit Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit Court) on June 24, 2005. Notably, on 
June 13, 2007 (72 FR 32526), EPA took final action to revise the 2002 
NSR Reform Rules to exclude the portions that were vacated by the D.C. 
Circuit Court.
    TDEC requested that the portion of the Tennessee SIP revision 
related to the EPA rules that were vacated by the D.C. Circuit Court 
(specifically the clean unit and pollution control project (PCP) 
provisions) not be approved into the SIP. The affected portions of the 
February 23, 2006, submittal are as follows: Sections (b)2.(i)(VIII), 
(b)4.(iii)(III), (b)4.(vi)(IV), (b)35., (b)39., (c)4.(v), (c)6., (p), 
(q), and (r) of Rule 1200-3-9-.01(4); sections (b)1.(v)(III)VIII, 
(b)1.(vi)(III)III, (b)1.(vi)(V)V, (b)1.(xxxvii), (b)1.(xli), 
(b)2.(v)(IX), (b)2.(v)(X), (b)2.(xvi), (b)2.(xix), (b)7., (b)8., and 
(b)9. of Rule 1200-3-9-.01(5); and all references to clean units and 
PCPs at sections (a)11. and (c)4.(vi) of Rule 1200-3-9-.01(4)., and 
sections (b)2.(xvii) and (b)5. of Rule 1200-3-9-.01(5). The May 31, 
2006, submittal which consists of revisions to NPCD Regulation 3, did 
not include the clean unit and PCP provisions.
    On July 23, 2007 (72 FR 40105), EPA published a notice of proposed 
rulemaking (NPR) in the Federal Register, proposing to approve the 
Tennessee SIP revisions. The July 23, 2007, NPR provides additional 
information about the proposed Tennessee SIP revisions and the 
rationale for this final action. The public comment period for the 
proposed action ended on August 22, 2007. No comments were received on 
EPA's proposed action. EPA is now taking final action to approve the 
SIP revisions submitted by TDEC on February 23, 2006, May 31, 2006, and 
April 16, 2007.

II. What Is the Background for This Action?

    On December 31, 2002 (67 FR 80186), EPA published final rule 
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52, 
regarding the CAA PSD and NNSR programs. On November 7, 2003 (68 FR 
63021), EPA published a notice of final action on its reconsideration 
of the 2002 rules. On June 13, 2007 (72 FR 32526), EPA took final 
action to revise the 2002 NSR Reform Rules to exclude the clean units 
and PCP provisions that were vacated by the D.C. Circuit Court on June 
24, 2005. The purpose of this action is to approve the SIP submittals 
from the State of Tennessee, incorporating rule changes consistent with 
EPA's 2002 NSR Reform Rules.
    The June 24, 2005, D.C. Circuit Court decision also involved a 
remand of the recordkeeping provisions of the 2002 NSR Reform Rules. 
EPA continues to move forward with its evaluation of the portion of its 
NSR Reform Rules that were remanded by the D.C. Circuit Court. On March 
8, 2007 (72 FR 10445), EPA responded to the Court's remand regarding 
the recordkeeping provisions by proposing two alternative options to 
clarify what constitutes ``reasonable possibility'' and when the 
``reasonable possibility'' recordkeeping requirements apply. The 
``reasonable possibility'' standard identifies for sources and 
reviewing authorities the circumstances under which a major stationary 
source undergoing a modification that does not trigger major NSR must 
keep records. Tennessee's SIP revisions are approvable at this time 
because the Tennessee and Nashville rules are substantially the same as 
the current federal rules. If EPA adopts recordkeeping criteria that 
are more stringent than the current Tennessee and Nashville rules, the 
Tennessee and Nashville rules may need to be revised to be at least as 
stringent as the federal requirement.
    On February 23, 2006, May 31, 2006, and April 16, 2007, the State 
of Tennessee submitted SIP revisions including changes to Tennessee's 
and Nashville's NSR programs. The NSR program changes were made 
primarily to adopt EPA's 2002 NSR Reform Rules. On July 23, 2007 (72 FR 
40105), EPA published a NPR proposing to approve revisions to 
Tennessee's Rule .01 of chapter 1200-3-9 entitled, ``Construction 
Permits'' and Nashville's

[[Page 52474]]

Regulation 3 entitled, ``New Source Review.'' Tennessee's revisions are 
consistent with the federal NSR regulations published December 31, 2002 
(67 FR 80186) and November 7, 2003 (68 FR 63021). As is discussed in 
greater detail in the NPR, EPA reviewed the SIP revisions and 
determined that they were at least as stringent as the federal NSR 
program. As a result, the SIP revisions are approvable pursuant to the 
CAA.
    The July 23, 2007, NPR and the docket for this action provide more 
details about the SIP revisions being approved and the rationale for 
EPA's final action. For additional information on EPA's 2002 NSR Reform 
Rules, see 67 FR 80186 (December 31, 2002), and http://www.epa.gov/nsr.


III. Final Action

    EPA is taking final action to approve changes to Tennessee's Rule 
1200-3-9-.01 (Construction Permits) as submitted by TDEC on February 
23, 2006, and amended on April 16, 2007, as revisions to the Tennessee 
SIP. In addition, EPA is taking final action to approve changes made to 
the Nashville Regulation 3 (New Source Review) as submitted by TDEC on 
May 31, 2006, as revisions to the Nashville/Davidson County portion of 
the Tennessee SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This final rule also does not have tribal implications because it 
will not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (59 FR 22951, November 9, 2000). This action also does not have 
Federalism implications because it does not have substantial direct 
effects on the states, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely approves state and local rules implementing a Federal standard, 
and does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it approves a state rule implementing a Federal Standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 November 13, 2007. 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, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 5, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

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2. In Sec.  52.2220(c) Table 1 and Table 5 are amended as follows:
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a. In Table 1 under Chapter 1200-3-9 by revising the entry for 
``Section 1200-3-9-.01'',
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b. In Table 5 under Article II. by revising the entries under 
Regulation No. 3 for ``Section 3-1'', ``Section 3-2'' and ``Section 3-
3'', and
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c. In Table 5 under Article II. by adding in numerical order a new 
entry under Regulation No. 3 for ``Section 3-4''.


Sec.  52.2220  Identification of plan.

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    (c) * * *

[[Page 52475]]



                                                      Table 1.--EPA-Approved Tennessee Regulations
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                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
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                                                   CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
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Section 1200-3-9-.01                Construction Permits.        02/14/06  09/14/07 [Insert citation of            .....................................
                                                                            publication].

                                                                      * * * * * * *
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                                              Table 5.--EPA-Approved Nashville-Davidson County, Regulations
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                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
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                                                                      * * * * * * *
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                                                           Article II. Standards for Operation
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                                                                      * * * * * * *
Regulation No. 3
New Source Review
Section 3-1.......................  Definitions..........        03/14/06  09/14/07 [Insert citation of
                                                                            publication].
Section 3-2.......................  New Source Review....        03/14/06  09/14/07 [Insert citation of
                                                                            publication].
Section 3-3.......................  Prevention of                03/14/06  09/14/07 [Insert citation of
                                     Significant                            publication].
                                     Deterioration (PSD)
                                     Review.
Section 3-4.......................  Plantwide                    03/14/06  09/14/07 [Insert citation of
                                     Applicability Limits                   publication].
                                     (PAL).
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[FR Doc. E7-17975 Filed 9-13-07; 8:45 am]

BILLING CODE 6560-50-P
