[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43104-43109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21270]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-178-02-9724a; TN-179-01-9723a; FRL-5871-9]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to the Chattanooga/Hamilton County Portion 
Regarding Prevention of Significant Deterioration (PSD), Nitrogen 
Oxides, Lead Emissions, Volatile Organic Compounds (VOC), and 
PM<INF>10</INF> Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Chattanooga/Hamilton County 
(Chattanooga) portion of the Tennessee State Implementation Plan (SIP) 
which were submitted to EPA by Tennessee, through the Tennessee 
Department of Air Pollution Control (TDAPC), on December 11, 1995, and 
June 26, 1996. The EPA is approving these revisions to the Chattanooga 
regulations regarding nitrogen oxides, prevention of significant 
deterioration (PSD), lead sources, stack heights, infectious waste 
incinerators, and volatile organic compounds (VOC) reasonably available 
control technology (RACT) for miscellaneous metal parts coaters and 
synthesized pharmaceutical products, and PM<INF>10</INF>. At the time 
of the submittal, Chattanooga/Hamilton County submitted packages from 
the City of Chattanooga, Hamilton County, and the nine other 
municipalities in Hamilton County. The State has certified to EPA that 
the substantive codes of the County and the nine municipalities are 
essentially the same as the City of Chattanooga's. Therefore EPA's 
review has been limited to the City's code.

DATES: This final rule is effective October 14, 1997 unless adverse or 
critical comments are received by September 11, 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 Karen 
C. Borel 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 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.

[[Page 43105]]

Reference files TN-178-02-9724, and TN-179-01-9723. 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, Karen C. Borel, 404/562-
9029.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, L & C Annex, 9th Floor, 401 Church Street, 
Nashville, Tennessee 37243-1531, 615/532-0554.
Chattanooga/Hamilton County Air Pollution Control Bureau, 3511 
Rossville Boulevard, Chattanooga, Tennessee 37407-2405, 615/867-4321.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.

SUPPLEMENTARY INFORMATION: On December 11, 1995, and June 26, 1996, the 
State of Tennessee submitted formal revisions to the Chattanooga/
Hamilton County portion of the SIP. EPA previously approved several 
portions of the December 11, 1995, submittal which were required for 
Chattanooga/Hamilton County's Federally enforceable local operating 
permit (FELOP) program submittal. This approval was published on 
February 18, 1997 (62 FR 7160). At that time, EPA also approved 
Chattanooga/Hamilton County's FELOP program pursuant to section 112 of 
the Clean Air Act as amended in 1990 (CAA).
    EPA is approving the revisions described herein, with the exception 
of revisions to Section 4-13(b)(6) and Section 4-41, Rule 6.3(2). These 
revisions deal exclusively with fees which are collected by the local 
agency. The collection of fees is not part of the Federally approved 
SIP, therefore, EPA will take no action on these portions of the 
December 11, 1995, submittal (reference file TN 178-2). EPA is also 
approving revisions to Section 4-41, Rule 25.21(6) for the surface 
coating of miscellaneous metal parts and products which corrects a 
previous disapproval of this rule. The previous disapproval was 
published on May 8, 1990, in 55 FR 19068. This rule was disapproved at 
that time because the 100 tpy limit was less stringent than the State's 
regulations and was not adequate to maintain the NAAQS in Chattanooga/
Hamilton County. This level has now been revised to 25 tpy and is 
approvable.
    EPA is therefore approving the following revisions, as summarized 
in the paragraphs below. These revisions apply only to the Chattanooga/
Hamilton County's portion of the Tennessee SIP, not the State's SIP. In 
any areas where the Chattanooga/Hamilton County SIP is less stringent 
or has been disapproved, the State SIP applies. All codification 
references are to the City of Chattanooga's Code.
    The following revisions are those included in the December 11, 
1995, submittal (reference file TN 178-02). These are the revisions on 
which action was not taken in the aforementioned February 18, 1997, 
notice.

1. Chapter 4, Section 4-13, Certificate of Alternate Control

    This section has been revised for sources who apply for and receive 
a ``certificate of alternate control'' in lieu of satisfying otherwise 
applicable standards of the air pollution control chapter. VOCs have 
been added to the list of pollutants that a source with this 
certificate may not emit in excess of the limits on their certificate. 
The section has also been revised to state that the rated capacity of 
the source does not change for incinerators. The phrase ``the plant'' 
has been changed to ``source'' throughout this section. Some additional 
specific revisions to subparagraphs of the section are noted below.
    Section 4-13(b)(1).--``Specific sources'' have been changed to 
``emissions units.'' This section now requires that the calculations to 
determine equivalence to standards limiting the pounds of VOCs per 
gallon of material shall be on the basis of equivalent solids applied. 
Additionally, credit for reductions of fugitive emissions is no longer 
allowed.
    Section 4-13(b)(3)--Formerly, modeling techniques for the source 
could be approved at the discretion of the director. This has been 
deleted. These techniques must now be consistent with 40 CFR part 51, 
Appendix W ``Guideline on Air Quality Models.''
    Section 4-13(c)--The requirement to submit alternate emission 
limitations and certificate conditions to the EPA for approval has been 
added to this section, as part of the process of submitting this for 
incorporation into the SIP.
    Section 4-13(d)--This section has been revised to apply good 
engineering practice stack heights on all stack changes associated with 
the alternate control limitations for particulate matter, sulfur 
dioxide, carbon monoxide, and nitrogen dioxide.
    Section 4-13(e)(2)--This section has been revised to require that 
all pollution control equipment be kept in good operating condition at 
all times. The exceptions for periods of start-up, shutdown, and 
malfunctions, have been deleted.
    Section 4-13(j)--The certificate, in the instance of amended 
regulations covering the source on the certificate, will now become 
void ninety days after the source's receipt of notice of the revised 
regulations. This was previously 180 days.

2. Section 4-41, Rule 2, Regulations of Nitrogen Oxides

    Rule 2.4--This rule has been revised to eliminate the phrase ``air 
contaminant'' when describing ``source'' and to note that ``portland 
cement plants'' and ``emergency generators'' are not regulated by this 
rule, but rather by rules 2.6 and 2.7, respectively.
    Rule 2.6--This rule has been added to address the nitrogen oxides 
emissions limit for portland cement plants. It reads as follows:

    ``No portland cement plant shall cause, suffer, allow or permit 
the emission of nitrogen oxides in excess of one thousand five 
hundred (1500) ppm produced when averaged over any three consecutive 
hour period.''

    Rule 2.7--This rule has been added to address the nitrogen oxides 
emission limit for emergency generators. An emergency generator that 
emits more than one thousand five hundred (1500) parts per million 
cannot be operated consecutively for longer than five (5) days, or for 
more than a total of twenty (20) days in any calendar year. If a source 
does this they must demonstrate to the director with clear and 
convincing evidence that reasonable unforeseeable events beyond the 
control of the source require use of the emergency generator for an 
additional period of time. The source must also maintain written 
records during these times.

3. Section 4-41, Rule 16.5, Emission Standards for Source Categories of 
Area Sources

    This rule has been added to address the emission standards for 
source categories of area sources. It defines an ``area source'' for 
the purposes of Rule 16.5 as any stationary source that is not a 
``major source.'' It also states that the emission standards in Rule 16 
do not replace the requirements of any more stringent emission 
limitations. It identifies the requirements for hazardous air 
pollutants as those found

[[Page 43106]]

in 40 CFR part 63. It also states that this rule must be consistent 
with any enforceable agreement with the Administrator, unless the 
source has been released from that agreement.

4. Section 4-41, Rule 18, Prevention of Significant Air Quality 
Deterioration (PSD)

    Citations throughout Rule 18 have been revised in accordance with 
the changes in codification resultant from the revisions to the ``PSD 
rule.''
    Rule 18.1, General provisions--This rule has been revised to limit 
the length of an extension of an installation permit to an additional 
eighteen (18) months after the completion date specified on the 
installation permit. It has also revised the title of the permit from 
``construction permit'' to ``installation permit.'' Also, for phased 
construction projects, the determination of best available control 
technology shall be reviewed and modified no later than 18 months prior 
to the commencement of construction of each independent phase of the 
project.
    Rule 18.2, Definitions--The definitions for the following terms 
have been added or revised and are equivalent to the definitions in 40 
CFR 51.100, 51.165 and 51.166: Actual emissions; Allowable emissions; 
Baseline area; Baseline concentration; Major source baseline date; 
Minor source baseline date; Begin actual construction; Best available 
control technology (BACT); Building, structure, facility or 
installation; Emissions unit; Major stationary source; Significant; Net 
emissions increase; Potential to emit; Secondary emissions; Volatile 
organic compounds; Electric utility steam generating unit; Pollution 
control project; Representative actual annual emissions; Clean coal 
technology; Temporary clean coal technology; Repowering; Reactivation 
of a very clean coal-fired electric utility steam generating unit; and 
Control strategy.
    Rule 18.2(q)--The definition of ``legally enforceable'' has been 
revised to meet Federal requirements and reads as follows: ``Legally 
enforceable means all limitations and conditions which are enforceable 
under local, state, or federal law, including those under this chapter 
or an implementation plan, and any permit or certificate of operation 
requirements established pursuant to this chapter.''
    Rule 18.2(x)--The definition of ``pollutant'' has been added as 
follows: ``Pollutant means any air contaminant as defined in section 4-
2 or combination of such air contaminants, including any physical, 
chemical, biological, or radioactive (including source material, 
special nuclear material, and byproduct material) air contaminant which 
is emitted into or otherwise enters the ambient air. Such term includes 
any precursors to the formation of any such air contaminants, to the 
extent the U.S. Environmental Protection Agency has identified such 
precursor or precursors for the particular purpose for which the term 
``pollutant'' is used.''
    Rule 18.2(dd)--The definition of ``welfare'' has been added as 
follows: ``Welfare means any effects on soils, water, crops, 
vegetation, manmade materials, animals, wildlife, visibility, weather 
and climate, damage to and deterioration of property, and hazards to 
transportation, as well as effects on economic values and on personal 
comfort and well-being, whether those effects are caused directly or by 
transformation, conversion, or combination with other air pollutants.''
    Rule 18.3(d)--This rule has been revised to change the exemption to 
preconstruction air quality analysis for a proposed major stationary 
source or major modification whose emissions increases causes air 
quality impacts of less than 10 ug/m<SUP>3</SUP> for PM<INF>10</INF> 
rather than total suspended particulates. This rule has also been 
revised to add the amount of VOCs impacting ozone formation that may be 
exempted. Previously this stated that ``no de minimis level 
established.'' This has been revised to add to that definition as 
follows: ``but any net increase of 100 tons/year or more of volatile 
organic compounds subject to the PSD rule may not be exempted from 
ambient impact analysis as required by Rule 18.4(I).'' (Rule 18.4(I) 
contains the requirements for the air quality analysis.)
    Rule 18.3(f)--This requirement has been added in accordance with 40 
CFR 51.166(f)(iii) to clarify source impact analysis as follows: 
``Source impact analysis otherwise required by Rule 18.4 does not apply 
to a stationary source or modification with respect to any maximum 
allowable increase for nitrogen oxides if the owner or operator of the 
source or modification submitted an installation and temporary 
operating permit application before the provisions embodying the 
maximum allowable increase took effect as part of this chapter and the 
director subsequently determined that the application was submitted 
before that date was complete.''
    Rule 18.4(a)--This paragraph has been modified to reference the PSD 
rule rather than ``appropriate enforcement actions.''
    Rule 18.4(b)--This paragraph has been added to state that ``A major 
stationary source or major modification shall meet the most stringent 
of each applicable emissions limitation in the chapter and the 
applicable emissions standard under section 4-41, Rules 15 and 16.'' 
(Rules 15 and 16 are their incorporation by reference of the 
requirements of 40 CFR parts 60 and 61.)
    Rule 18.4(e)--This paragraph has been added to address BACT review, 
in accordance with 40 CFR 51.166(j)(4).
    Rule 18.4(g)--This paragraph has been modified to add subparagraph 
(2) to address source impact analysis for stationary sources or 
modifications for increases in PM<INF>10</INF>, in accordance with 40 
CFR parts 51.166 (d) and (k).
    Rule 18.4(h)--This paragraph has been modified to address 
additional requirements for submitting applications for sources 
impacting Federal Class I areas. A copy of the permit is required to be 
sent to the Federal Land Manager. The copy of the permit must be sent 
within 30 days of the application, and at least 60 days before any 
public hearings. The notification must include an analysis of the 
proposed source's impact on visibility in the Federal Class I area. 
These requirements are consistent with those in 40 CFR 51.166(p).
    Rule 18.6(b)--Class I areas: The ambient air increments for TSP 
have been deleted and replaced with the ``Maximum allowable increase'' 
for PM<INF>10</INF>. The ``annual geometric mean'' for TSP, formerly 5 
ug/m<SUP>3</SUP>, is now an ``annual arithmetic mean'' for 
PM<INF>10</INF> of 4 ug/m<SUP>3</SUP>. The ``24-hour maximum'' of 10 
ug/m<SUP>3</SUP> for TSP has been deleted and replaced with a 24-hour 
maximum of 8 ug/m<SUP>3</SUP> for PM<INF>10</INF>. The ``Annual 
arithmetic mean'' for Nitrogen Dioxide has also been added. This is set 
at 2.5 ug/m<SUP>3</SUP>.
    Class II areas: The ambient air increments for TSP have been 
deleted and replaced with the ``Maximum allowable increase'' for 
PM<INF>10</INF>. The ``annual geometric mean'' for TSP, formerly 19 ug/
m<SUP>3</SUP>, is now an ``annual arithmetic mean'' for PM<INF>10</INF> 
of 17 ug/m<SUP>3</SUP>. The ``24-hour maximum'' of 37 ug/m<SUP>3</SUP> 
for TSP has been deleted and replaced with a 24-hour maximum of 30 ug/
m<SUP>3</SUP> for PM<INF>10</INF>. The ``Annual arithmetic mean'' for 
Nitrogen Dioxide has also been added. This is set at 25 ug/
m<SUP>3</SUP>.
    Class III areas: The ambient air increments for TSP have been 
deleted and replaced with the ``Maximum allowable increase'' for 
PM<INF>10</INF>. The ``annual geometric mean'' for TSP, formerly 37 ug/
m<SUP>3</SUP>, is now an ``annual arithmetic mean'' for PM<INF>10</INF> 
of 34 ug/m<SUP>3</SUP>. The ``24-hour maximum'' of 10 ug/m<SUP>3</SUP> 
for TSP has been deleted and replaced with a 24-hour maximum of 60 ug/
m<SUP>3</SUP> for PM<INF>10</INF>. The ``Annual arithmetic

[[Page 43107]]

mean'' for Nitrogen Dioxide has also been added. This is set at 50 ug/
m<SUP>3</SUP>.
    These changes were made in accordance with the requirements of 40 
CFR 51.166(c).
    Rule 18.6(c)--The exclusions from increment consumption have been 
revised to add an exclusion for ``the increase in concentrations 
attributable to new sources outside the United States over the 
concentrations attributable to existing sources which are included in 
the baseline concentration.''
    Rule 18.6(d)--The Class I variances have been revised. The maximum 
allowable increase has been changed by deleting those previously 
allowed for TSP and adding them for PM<INF>10</INF>. The ``annual 
geometric mean'' for TSP, formerly 19 ug/m<SUP>3</SUP> is now an 
``annual arithmetic mean'' for PM<INF>10</INF> of 17 ug/m<SUP>3</SUP>. 
The ``24-hour maximum'' of 37 ug/m<SUP>3</SUP> for TSP has been deleted 
and replaced with a 24-hour maximum of 30 ug/m<SUP>3</SUP> for 
PM<INF>10</INF>. The ``Annual arithmetic mean'' for Nitrogen Dioxide 
has also been added. This is set at 25 ug/m<SUP>3</SUP>. This is 
consistent with the requirements of 40 CFR 51.166(p)(4).
    Rule 18.6 (e) and (f)--A sulfur dioxide variance, by the Governor, 
has been added to this rule, along with emission limitations for 
Presidential or gubernatorial variances. These are consistent with 40 
CFR 51.166(p) (5) and (6).

5. Section 4-41, Rule 20.4(2)d

    This rule has been revised to delete the phrase ``that are removed 
during surgery and autopsy'' when referring to human pathological 
waste.

6. Section 4-41, Rule 21

    ``Table 1'' has been renamed as ``Table I.'' The Primary standards 
for TSP have been deleted. The secondary standard of 60 ug/
m<SUP>3</SUP> has also been deleted, leaving the secondary standard of 
150 ug/m<SUP>3</SUP> in place. The primary standards for gaseous 
fluorides have been deleted, leaving in place only the secondary 
standards.

7. Section 4-41, Rule 25.2(33)

    The definition of VOCs has been revised to add the phrase ``which 
participates in atmospheric photochemical reactions.'' 
Parachlorobenzotrifluoride (PCBTF) and cyclic, branched, or linear 
completely methylated siloxanes have been added to the list of exempt 
compounds.

8. Section 4-41, Rule 27, Particulate Matter Controls for New 
Sources and New Modifications

    This rule has been added to impose the requirement for the 
utilization of BACT in appropriate cases for particulate matter. A new 
source which emits fifteen (15) tons per year (tpy) or more of 
PM<INF>10</INF>, or more than twenty-five (25) tons per year 
particulate matter shall utilize ``particulate matter best available 
control technology'' (particulate BACT). This rule is consistent with 
the requirements and definitions in 40 CFR 51.166(b).

9. Section 4-41, Rule 9.4

    This rule has been deleted, thereby deleting the former requirement 
that vehicle testing be part of the semiannual safety lane inspection. 
This rule was not required in Chattanooga/Hamilton County and has never 
been implemented in this area.

10. Section 4-41, Rule 26.8(1)(b)

    This rule for grain elevators has been revised to correct the 
spelling of the word ``sieve.''
    The following revisions are those included in the June 26, 1996, 
submittal (reference file TN 179-01).

11. Section 4-2

    The definitions for the following terms have been added and are 
equivalent to the definitions in 40 CFR 51.100: PM<INF>10</INF>, 
PM<INF>10</INF> emissions, and Total Suspended Particulate. The 
definitions for ``pathological waste'' and ``pathological waste 
incinerator'' have been deleted. Definitions for ``malfunction'' and 
``opacity'' have been added which are equivalent to the definitions in 
the State's SIP. These definitions are as follows:

Malfunction--Any sudden and unavoidable failure of air pollution 
control equipment, fuel-burning equipment, refuse-burning equipment or 
process equipment, or for a process to operate in an abnormal or 
unusual manner. Failures that are caused by poor maintenance, careless 
operation, or any other preventable upset condition or preventable 
equipment breakdown shall not be considered malfunctions.
Opacity--The degree to which emissions reduce the transmission of light 
and obscure the view of an object in the background.

12. Section 4-41, Rule 7.4

    This rule has been deleted, thereby deleting the particulate 
emission limitations for pathological waste incinerators. These have 
been moved to Rule 20 of the local regulations.

13. Section 4-41, Rule 19. Regulation of Lead Emissions

    A new lead rule was added to the SIP. This rule includes 
definitions for the following terms: Significant source of lead, 
Source, and Permit unit. These definitions are consistent with the 
requirements of 40 CFR 51.100 and 51.117. The general limitations for 
lead emissions have been established. New sources with actual emissions 
greater than 5.0 tons per year are required to utilize BACT. Any 
modifications to a source which result in an increase of emissions in 
excess of 0.6 tons per year must also use BACT. Source sampling and 
analysis, along with ambient monitoring, are also required, in 
accordance with 40 CFR 51.100 and 51.117.

14. Section 4-41, Rule 22. Good Engineering Practices Stack Heights

    This rule has been added to fully address the requirements for 
stack heights. It is consistent with the requirements of 40 CFR 51.100 
and 51.118.
    a. Definitions--Definitions which are consistent with 40 CFR 51.100 
have been added for the following terms: Dispersion technique, Emission 
limitation, Good engineering practice, Excessive concentration, stack, 
and A stack in existence.
    b. Stack height requirements and specific emissions limitations 
have been included in this rule in accordance with the requirements of 
40 CFR 51.118.

15. Section 4-41, Rule 25.2

    The definition for ``prime coat'' has been changed from ``* * * in 
a multiple-coat operation'' to ``* * * to a multiple-coat operation.''

16. Section 4-41, Rule 25.21(6), Surface Coating of Miscellaneous Metal 
Parts and Products

    This rule has been revised to expand its application to facilities 
with potential VOC emissions of twenty-five (25) tons per year, rather 
than the former level of 100 tons per year. This approval corrects the 
previous disapproval of this rule which was published on May 8, 1990, 
in 55 FR 19068. It was disapproved at that time because the 100 tpy 
limit was less stringent that the State's regulations and was not 
adequate to maintain the NAAQS in Chattanooga/Hamilton County.

17. Section 4-41, Rule 25.27(3), Manufacture of Synthesized 
Pharmaceutical Products

    This rule has been revised to expand application to facilities with 
potential VOC emissions of twenty-five (25) tons per year, rather than 
the former level of 100 tons per year.

[[Page 43108]]

Final Action

    The EPA is approving the aforementioned revisions contained in the 
State's December 11, 1995, and June 26, 1996, submittals. EPA is also 
approving these same revisions in the Hamilton County Code and the 
city/town codes of the remaining municipalities in Hamilton County, 
Soddy-Daisy, Ridgeside, Signal Mountain, Walden, Lookout Mountain, East 
Ridge, Red Bank, Collegedale, and Lakesite. Although EPA has not 
reviewed the substance of the regulations for Hamilton County or the 
other nine municipalities, the substantive codes of Hamilton County and 
the nine municipalities rules have been certified by the State as 
essentially the same as the City of Chattanooga's regulations. The 
EPA's approval of these additional ordinances for the County and the 
remaining nine municipalities does not imply any position with respect 
to the approvability of the substantive rules.
    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 11, 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 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.

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 
Clean Air 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 Regional 
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 CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act 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 
(``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 Clean Air Act, 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 16, 1997.
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--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(154) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *

[[Page 43109]]

    (154) Revisions to Chattanooga/Hamilton County portion of the 
Tennessee state implementation plan submitted to EPA by the State of 
Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen 
oxides, prevention of significant deterioration (PSD), lead sources, 
stack heights, infectious waste incinerators, and volatile organic 
compound (VOC) reasonably available control technology (RACT) for 
miscellaneous metal parts coaters and synthesized pharmaceutical 
products, and PM<INF>10</INF>.
    (i) Incorporation by reference.
    (A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules 
2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1; 
9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control 
Ordinance,'' adopted on August 15, 1995.
    (B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7; 
16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1; 
and Section 8(f)(4) of the regulation known as the ``Hamilton County 
Air Pollution Control Regulation,'' adopted by Hamilton County on 
September 6, 1995. The identical regulations were also adopted by the 
following municipalities as part of their air pollution control 
ordinances: Signal Mountain, adopted on December 11, 1995; Walden, 
adopted on December 12, 1995; Lookout Mountain, adopted on November 14, 
1995; and Ridgeside, adopted on April 16, 1996.
    (C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741, 
Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3 
for Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules 
27; 3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge 
City Code,'' adopted on September 28, 1995.
    (D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-308(f)(4) of the ``Red Bank Municipal 
Code,'' adopted on November 7, 1995.
    (E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy 
Municipal Code,'' adopted on October 5, 1995.
    (F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale 
Municipal Code,'' adopted on October 2, 1995.
    (G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5; 
8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal 
Code'' adopted November 16, 1995.
    (H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1; 
22; 25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution 
Control Ordinance,'' adopted on May 30, 1989.
    (I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and 
25.27(3); and Section 16 of the regulation known as the ``Hamilton 
County Air Pollution Control Regulation,'' adopted on June 7, 1989.
* * * * *
[FR Doc. 97-21270 Filed 8-11-97; 8:45 am]
BILLING CODE 6560-50-P