. 

## . I... C ' Federal ~e~istei. 

### / Vor. 62, No. 127 

### / Wednesday, July 2, 1997 1 

### Rules and Regulations 

### 35681

I uirements, Security measures,

e,the Coast Guard amends
t 165asfollows:

ENVIRONMENTALPROTEC'I'ION AGENCY

40 CFR Part 52
[TN lO4-1-9706(b); TN 148-1-9705(b); FRL5849-11
Approval of Revisionsto the Tennessee State Implementation Plan Regarding Visibility

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

SUMMARY: EPA is approving the visibility protection chapter for the State of Tennessee submitted to EPA on February 9, 1993,and December 19, 1994,by Tennessee, through the Tennessee Department of Environment and Conservation (TDEC).The intended effect of these revisions is to meet the requirements of the Clean Air Act (CAA) for the purpose of assuring visibility protection in mandatory Class 

### 1Federal

areas. DATES: Thisfinal rule is effective September 2, 1997 unless adverse or critical comments arereceived by August 1, 1997. If the effective date is delayed, timely notice will $epublished in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to William Denman at the Environmental Protection Agency,Region 4 Air Planning Branch, 61 Forsyth Street,SW, Atlanta, Georgia 30303. Copies of documents relative to this action are availablefor 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. TN104-01-9706 and TN148-01-9705. TheRegion 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, 6 1 Forsyth Street,SW. Atlanta, Georgia 30303. William Denman 404/562- 9030 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: William Denman at 404/562-9030.
SUPPLEMENTARY INFORMATION: On February 9. 1993(reference file TN104). and December 19. 1994 (reference file TN148) the Stateof Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted to the EPA for incorporation into their SIP,revisions to Chapter 1200-3-9 "Construction and Operating Permits," a non-regulatory visibility long term strategy, and a new Chapter 1200-3-23 "Visibility Protection." The EPA is taking no action on the revisions to Chapter 1200--3-9 because these revisionswere replaced in a subsequent submittal and action was taken by EPA
to approve these revisions onJuly 18, 1996 (61FR 37387). On May 6, 1997, Tennessee withdrew the nonregulatory portion of the visibility protection plan because Tennessee is revising its visibility long-term strategy to meet the requirements of 40 CFR 51 SubpartP. The EPA is approvingthe entire chapter 1200-3-23 "Visibility Protection" into the SIP because it meets the regulatory requirements of 40 CFR 51 SubpartP. Tennessee's visibility protection chapter contains the following provisions for the protection of visibility in Federal Class 

## i areas. 

### 1200-3-23-.O1 Purpose

This section states that the purpose of this chapter is to assure reasonable progress toward meeting the goal of prevention of any future, and remedy of any existing impairment of visibility in mandatory Class 

### I Federal areas in which impairment results from manmade air pollution.



### 1200-3-2%. 02 Definitions

Definitions of the following terms are included in this section: Best Available Retrofit Technology (BART), existing stationaryfacility, Federal Class I Area, fixed capital cost, in existence, in operation, mandatory Class I Federal Area, natural conditions, reconstruction, visibility impairment, significant 

### , impairment, integral vista, continuous program of physical on-site construction, substantial loss, adverse impact on visibility, pollutant, apd reasonably attributable. The definitions are consistent with EPA and CAA requirements.



### 1 200-3-23-.03 Genera1 Visibility Protection Standards

This section statesthat no person shall cause or allow emissions in excess of the standardsinthis chapter, and that possession of a valid permit shall not protect the sourcefrom enforcement actions 

### if permit conditions are not met. Also, upon mutualagreement of the owner/operator of a source and the TechnicalSecretary, a more restrictive emissions limitation than specified in this chapter may be established. operating parameters may be established



### as a binding limit. those limits will be stated asspecial condition(s)for any permit or order concerning the source. and violation of any accepted special limitation is groundsfor revocation of the issued permit.



### 1200-3-2%. 04 SpecificEmission Standardsfor Existing Stationary Facilities

Thissection states that for existing stationarysources which cause a visibility impairmentin any mandatory Class I Federal Area, the Technical Secretary shall specify on the operating permit(s) as permit conditions the emission limitation that is best available retrofit technology (BART).

## 35682 Federal Register 

### / Voi. 

### 62, No. 127 

### / Wednesday, July 

### 2, 1997 I Rules and Regulations

1 ZOO-3-23-.05 SpecificEmission Standardsfor Existing Sources

Thissection statesthat for any existing source that causesvisibility impairment in any mandatory Class I Federal Area, the Technical Secretary
may specify on the operating permit(s)

an emissions limitation that is equivalent to BART. Ti~is ection also
states that existing sourcessubject to the provision of rule (.04) are not subject to the provisions of this Rule.

1200-3-23-. 06 Visibility Standardsfor New andModified Sources

This section states that a new "major stationary source" or a "major modification" construction in an attainment area or unclassifiable area
must meet Prevention of Significant Deterioration (PSD) requirements, and in a nonattainment areamust meet applicable New Source Review (NSR) requirements. In addition,for any new

source or modification, the Technical Secretary may require BART.

1 200-3-23-. 07 Visibility Monitoring Requirements

This section statesthat the Technical Secretary may require visibility monitoring inthevicinity of a source regulated 

### by this Chapter and that the monitoringshallbe done in accordance with therequirements 

### as specified by the TechnicalSecretary.

1200-3-23-. 08 Exemptions fromBART Requirements

This section provides exemptions from BART asfollows: 1. Any existing stationary facility subject to the BART requirement may apply to the Administrator of the EPA through theTechnical Secretaryfor an exemption.

2. An application under this rule must include all available documentation relevant tothe impact of the source's emissions on visibility in any mandatoly Class 

### I Federal Area and a demonstration by the existing stationary facility that it does not or will not, by itself or in combination with other

sources. emit any air pollutant which
may be reasonably anticipated to cause a significant impairment of visibility in any mandatory Class I Federal Area.

3. A fossil-fuel fired power plant with

a total generating capacity of 750 megawatts or more may receive an exemption from BART only if the owner/operator demonstrates to the Technical Secretarythat it islocated at such a distance from all mandatory Class IFederal Areas that it will not emit any air pollutant which may reasonably be anticipated to cause significantimpairment of visibility. 4. The existing stationary source must give written notice to all affected Federal Land Managers of any application for exemption.

5. The Federal Land Manager may provide an initial recommendation or
comment on the disposition of such application.

6. Within 90 days of receipt of an application for exemption the Technical Secretarywill provide notice ofreceipt and notice of opportunity for public hearing. If the Technical Secretary concurs, the application for exemption will be forwarded to the Administrator of EPA who may grant or deny the exemption. An exemption granted by the Administrator of the EPA will be effective only upon concurrence by all affected Federal Land Managers.

FinalAction

The EPA is approving the submitted revisions into theTennessee SIP as described in the SUPPLEMENTARY INFORMATIONsection. TheEPA is publishing this action without prior proposal because the Agency viewsthis

as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document inthis Federal Register publication, the EPA is proposing to approve the SIP revision should adverse or critical commentsbe filed. This action will be effective September 2, 1997unless, by August 1, 1997adverse or critical comments are received.

If the EPA receives suchcomments. this action will be withdrawnbefore the effective dateby 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 arereceived, the public is advised that this action will be effective September 2, 1997.

Nothing in this actionshouldbe construed aspermitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shallbe 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

This action has been classified asa Table 3 action for signatureby the Regional Administrator under the procedures published in the Federal Register onJanuary 19, 1989 

### (54 FR 2214-2225), as revised by aJuly 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.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 etseq.. 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 withjurisdiction over populations of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of theCAA donot create any new requirements but simply approve requirements that the Stateis already imposing.Therefore, becaufe the Federal SIPapproval does not impose any new requirements,I certify that it does not have a significantimpact

on any small entities affected. Mereover, due to the nature of the Federal-State relationship under the CAA, preparation of a flexibility analysiswould constitute Federal inquiry into the economic reasonableness of state action.TheCAA forbids EPA to base its actions concerning SIPSonsuch grounds. Union Electric 

### Co. v. US. 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 ofthe Unfunded Mandates Reform Act of 1995 ("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 inthe 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 smallgovernments 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-8 

# - t Federal Register 

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### ., No. 127 

### / Wednesday, July 2, 1997 1 -.ules and Regulations 

### 35683

\ 

### t

to either State,local, or tribal governments in the aggregate, or to the private sector.This Federal action approves pre-existingrequirements 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 GeneralAccounting Office

Under 5 U.S.C. 801(a)(l)(A)as added by the Small Business Regulatory
: Enforcement Fairness Act of 1996. EPA submitted a report containing thisrule and other required information to the US.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. Thisrule is
not a "major rule" as defined by 5 U.S.C. 804(2).


### E. PetitionsforJudicialReview

Under section 307(b)(l) of the CAA, petitions forjudicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 2, 1997. Filing a petition for reconsideration by the Administrator of this final rule does not affect thefinaIity of this rule for the
purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectivenessof such rule or action. This action may not be challenged later in proceedings to enforce itsrequirements. (Seesection 307(b)(2).)
List 

### of Subjects

### in 

### 40 CFR 

### Part 52

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

Dated:June 17, 1997. A. Stanley Meiburg, Acting RegionalAdministrator.

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 continuesto read asfollows:

Authority:42 .U.S.C.7401-7671q.


### Subpart RR-Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(1 47) to read as follows: 

### 352.2220 Identification of plan. k1900).Environmental Protection 

## 1

(c) 

### * * * (147)Addition of a new chapter 1200-3-23 "Visibility Protection" to the Tennessee Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on February 9, 1993,and December 19, 1994.

(i) Incorporation by reference. (A) Chapter 1200-3-23 "Visibility Protection," effectiveJuly24, 1994.

(ii) Other material. None. 

### *****
[FR Doc. 97-17183 Filed 7-1-97: 8:45am]

BILLING CODE 6560404'



### VIRONMENTAL PROTECTION

40

# \FFR Part 180 

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RIN 2d,70-~878 

# 1

ing requests. identified by the or ASClI file fo

FOR FURTHE