43104 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

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).

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

regulation that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate; or to the

private sector, of $100 million or more.

Under section 205 of the Unfunded

Mandates Act, 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 of

the Unfunded Mandates Act 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 Federal requirements.

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).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action pertaining to the definitions

in Pennsylvania Chapter 121 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: July 24, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

Part 52 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 NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(127) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(127) Revisions to the Pennsylvania

Regulations, Chapter 121.1—

Definitions, submitted on February 4,

1994 by the Pennsylvania Department of

Environmental Protection (formerly

Pennsylvania Department of

Environmental Resources) and effective

on January 15, 1994.

(i) Incorporation by reference.

(A) Letter dated February 4, 1994 from

the Pennsylvania Department of

Environmental Protection transmitting

the definitions in Chapter 121 relating

to the Pennsylvania VOC and NOx

RACT regulation (Chapter 129.91

through 129.95) and new source review

regulation (Chapter 127).

(B) Title 25 Pennsylvania Code,

Chapter 121.1—definitions, effective

January 15, 1994.

[FR Doc. 97–21255 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

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 PM10

Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

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 PM10. 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.
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 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
43106 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

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/m3 for PM10 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 PM10, 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

PM10. The ‘‘annual geometric mean’’ for

TSP, formerly 5 ug/m3, is now an

‘‘annual arithmetic mean’’ for PM10 of 4

ug/m3. The ‘‘24-hour maximum’’ of 10

ug/m3 for TSP has been deleted and

replaced with a 24-hour maximum of 8

ug/m3 for PM10. The ‘‘Annual arithmetic

mean’’ for Nitrogen Dioxide has also

been added. This is set at 2.5 ug/m3.

Class II areas: The ambient air

increments for TSP have been deleted

and replaced with the ‘‘Maximum

allowable increase’’ for PM10. The

‘‘annual geometric mean’’ for TSP,

formerly 19 ug/m3, is now an ‘‘annual

arithmetic mean’’ for PM10 of 17 ug/m3.

The ‘‘24-hour maximum’’ of 37 ug/m3

for TSP has been deleted and replaced

with a 24-hour maximum of 30 ug/m3

for PM10. The ‘‘Annual arithmetic

mean’’ for Nitrogen Dioxide has also

been added. This is set at 25 ug/m3.

Class III areas: The ambient air

increments for TSP have been deleted

and replaced with the ‘‘Maximum

allowable increase’’ for PM10. The

‘‘annual geometric mean’’ for TSP,

formerly 37 ug/m3, is now an ‘‘annual

arithmetic mean’’ for PM10 of 34 ug/m3.

The ‘‘24-hour maximum’’ of 10 ug/m3

for TSP has been deleted and replaced

with a 24-hour maximum of 60 ug/m3

for PM10. The ‘‘Annual arithmetic
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43107

mean’’ for Nitrogen Dioxide has also

been added. This is set at 50 ug/m3.

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 PM10. The

‘‘annual geometric mean’’ for TSP,

formerly 19 ug/m3 is now an ‘‘annual

arithmetic mean’’ for PM10 of 17 ug/m3.

The ‘‘24-hour maximum’’ of 37 ug/m3

for TSP has been deleted and replaced

with a 24-hour maximum of 30 ug/m3

for PM10. The ‘‘Annual arithmetic

mean’’ for Nitrogen Dioxide has also

been added. This is set at 25 ug/m3. 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/m3 has also been deleted, leaving

the secondary standard of 150 ug/m3 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 PM10, 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: PM10, PM10 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.
43108 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

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:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 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 PM10.

(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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH104–3a; FRL–5874–4]

Approval and Promulgation of

Implementation Plans; Ohio Ozone

Maintenance Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; delay of the

effective date.

SUMMARY: On May 14, 1997 (62 FR

26396), EPA approved a revision

submitted on July 9, 1996, and January

31, 1997, to the ozone maintenance

plans for the Dayton-Springfield Area

(Miami, Montgomery, Clark, and Greene

Counties), Toledo Area (Lucas and

Wood Counties), Canton area (Stark

County), Ohio portion of the

Youngstown-Warren-Sharon Area

(Mahoning and Trumbell Counties),

Columbus Area (Franklin, Delaware,

and Licking Counties), ClevelandAkron-Lorain Area (Ashtabula,

Cuyahoga, Lake, Lorain, Medina,

Summit, Portage, and Geauga Counties),

Preble County, Jefferson County,

Columbiana and Clinton County. The

revision was based on a request from the

State of Ohio to revise the federally

approved maintenance plan for those

areas to provide the State and the

affected areas with greater flexibility in

choosing the appropiate ozone

contingency measures for each area in

the event such a measure is needed. On

June 13, 1997 (62 FR 32204), the EPA

delayed the effective date of the May 14,

1997, direct final rule for 60 days, until

September 12, 1997, to allow for a 60-

day extension of the public comment

period. The EPA is postponing the

effective date of this rule for an

additional 120 days to allow for an

additional 120-day extension of the

public comment period. In the proposed

rules section of this Federal Register,

EPA announces an additional 120-day

extension of the public comment period

on these maintenance plans.

DATES: The direct final rule published at

62 FR 26396 becomes effective January

9, 1998 unless substantive written

adverse comments not previously

addressed by the State or EPA are

received by December 10, 1997. If the

effective date is further delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), at the

address below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following location:

U.S. Environmental Protection Agency,

Region 5, Regulation Development

Section, Air Programs Branch, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Telephone:

(312) 886–6084.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Ozone, Volatile organic

compounds.

Dated: August 5, 1997.

Jo Lynn Traub,

Acting Regional Administrator.

Therefore the effective date of the

amendment to 40 CFR part 52 which

added § 52.1885(a)(5), published at 62

FR 26396, May 14, 1997, and delayed at

62 FR 32204, June 13, 1997, is further

delayed until January 9, 1998.

[FR Doc. 97–21382 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 148

[FRL–5873–8]

Final Decision To Grant Chemical

Waste Management, Inc. a Modification

of an Exemption From the Land

Disposal Restrictions of the Hazardous

and Solid Waste Amendments of 1984

Regarding Injection of Hazardous

Wastes

AGENCY: Environmental Protection

Agency (EPA).