[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8969]


[[Page Unknown]]

[Federal Register: April 18, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-98-1-5644; TN-103-1-6087; TN-108-1-6088; TN-109-1-6089; FRL-4860-5]

 

Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Portion of the State Implementation Plan 
Regulating Volatile Organic Compounds and Determining General Alternate 
Emission Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On June 25, 1992, and March 22, 1993, the State of Tennessee 
through the Department of Environment and Conservation submitted 
revisions to its State Implementation Plan (SIP) regarding general 
definitions, control of volatile organic compounds (VOCs), and general 
alternate emission standards.
    On November 5, 1992, and April 22, 1993, the State submitted 
revisions to the VOC regulations and general alternate emission 
standards in the Memphis-Shelby County portion of the Tennessee SIP on 
behalf of Memphis-Shelby County. Since Memphis-Shelby County adopts the 
State's regulations by reference, the submitted SIP revisions were 
essentially identical to the regulations in the State's submittal.
    EPA is approving or conditionally approving revisions to the 
Tennessee SIP and the Memphis-Shelby County portion of the Tennessee 
SIP as meeting the requirements of the Clean Air Act as amended in 1990 
(CAA). The State and Memphis submittals addressed, or committed to 
address, all of the deficiencies identified in the State's VOC 
regulations and documented by EPA in letters to the State dated 
November 9, 1987, June 10, 1987, and January 25, 1990, and to Memphis-
Shelby County dated November 9, 1987. EPA is disapproving the deletion 
of rule 1200-3-18-.03 Standard for New Sources.
DATES: This final rule will be effective June 17, 1994 unless notice is 
received by May 18, 1994 that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Copies of the material submitted by the State of Tennessee 
may be examined during normal business hours at the following 
locations:

    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Region IV, Air Programs Branch, Environmental Protection Agency, 
345 Courtland Street, Atlanta, Georgia 30365.
    Division of Air Pollution Control, Tennessee Department of 
Environment and Conservation, L & C Annex, 9th Floor, 401 Church 
Street, Nashville, Tennessee 37243-1531.
    Air Pollution Control Section, Memphis-Shelby County Health 
Department, 814 Jefferson Avenue, room 437, Memphis, Tennessee 38105.

FOR FURTHER INFORMATION CONTACT: William Denman, Air Programs Branch, 
United States Environmental Protection Agency, 345 Courtland Street, 
Atlanta, Georgia 30365, (404) 347-2864.

SUPPLEMENTARY INFORMATION: In May 1988, EPA released 1987 air quality 
data which established the degree to which areas throughout the Nation 
attained, or failed to attain, the ozone National Ambient Air Quality 
Standard (NAAQS) and issued SIP calls for areas that failed to attain. 
The Memphis and Nashville areas in Tennessee failed to attain the ozone 
NAAQS. On September 7, 1988, at 53 FR 34500, EPA gave notice that SIP 
calls were made to the nonattainment areas.
    The SIP call letters, which were sent to Governors and State Air 
Pollution Control Directors, requested that the states respond to the 
SIP calls in two phases. The response to Phase I was due approximately 
one year following the issuance of final EPA policy program 
requirements for ozone and carbon monoxide nonattainment areas and/or 
reauthorization of the CAA. As part of the first phase, states were 
asked to upgrade SIPs to correct discrepancies in existing SIPs as 
compared with EPA's existing guidance under section 108 and part D 
(related to reasonably available control technology (RACT) for VOC 
emissions) and to adopt control measures to satisfy any commitments in 
the part D SIP's to adopt RACT measures.
    In 1990, Congress amended the CAA to address, among other things, 
continued nonattainment of the ozone NAAQS (Public Law 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q). Section 182(a)(2)(A) of 
the CAA requires states with existing areas designated nonattainment 
for ozone and classified as at least marginal, to submit, by May 15, 
1991, revisions to the SIP that correct or add requirements concerning 
RACT in accordance with pre-amendment guidance.1 The SIP call 
letters interpreted that guidance and indicated the corrections 
necessary for specific nonattainment areas.
---------------------------------------------------------------------------

    \1\Among other things, the pre-amendment guidance consists of 
the Post-87 Policy, 52 FR 45044 (November 24, 1987); the Blue Book, 
``Issues relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations, Clarification to Appendix D of November 24, 1987, 
Federal Register Notice;'' and the existing Control Techniques 
Guidelines (CTGs).
---------------------------------------------------------------------------

    The Memphis area is classified as marginal nonattainment and the 
Nashville area is classified as moderate nonattainment2 for the 
ozone NAAQS. Therefore, these areas are subject to the RACT fix-up 
requirement and the May 15, 1991, deadline.
---------------------------------------------------------------------------

    \2\The Memphis and Nashville areas retained the designations of 
nonattainment and were classified by operation of law pursuant to 
sections 107(d) and 181 (a) upon enactment of the Amendments. 56 FR 
56694 (November 6, 1991).
---------------------------------------------------------------------------

    Tennessee failed to meet the May 15, 1991, deadline for the 
submittal of corrections to the State (including the State's portion of 
the Nashville nonattainment area), Memphis-Shelby County, and some of 
the Nashville-Davidson County regulations3. EPA notified the State 
on June 25, 1991, that a finding of failure to submit had been made for 
the Memphis-Shelby County and Nashville nonattainment areas. This 
finding of failure to submit was published at 56 FR 54557 on October 
22, 1991. The finding triggered the 18-month time clock for mandatory 
application of sanctions under section 179(a) of the CAA and the 2-year 
time clock for promulgation of Federal VOC regulations for 
nonattainment areas as required by section 110(c)(1).
---------------------------------------------------------------------------

    \3\On February 16, 1990, July 3, 1991, October 4, 1991, and 
January 2, 1992, the State submitted certain corrections to the VOC 
RACT rules for Nashville-Davidson County. EPA approved the February 
16, 1990, revisions at 56 FR 10171 on March 11, 1991, and the rest 
of the amendments at 57 FR 28625 on June 26, 1992.
---------------------------------------------------------------------------

    The State submitted revisions to the Tennessee SIP, including 
Nashville, to EPA on June 25, 1992, and on March 22, 1993. The State 
submitted SIP revisions to meet the section 182(a)(2)(A) requirement on 
behalf of Memphis-Shelby County on November 5, 1992, and on April 22, 
1993. EPA found these submittals to be complete on October 6, 1993, and 
June 9, 1993, respectively. This finding of completeness stopped the 
sanctions clock started on October 22, 1991, for the Memphis-Shelby 
County and Nashville nonattainment areas. However, the Federal 
Implementation Plan (FIP) clock continued to run. EPA's final approval 
action relieves EPA of the FIP obligation for those portions of the 
submittal that are being fully approved. EPA is approving the following 
revisions except where it is specifically noted that the revision is 
being conditionally approved or disapproved.

Chapter 1200-3-2 General Definitions

    The following changes were made only to the Tennessee portion of 
the SIP, and not to the Memphis portion.

Rule 1200-3-2-.01 General Definitions

    The definition of ``air contaminant source'' was revised to correct 
a typographical error. The revision added the phrase ``portable fuel-
burning equipment, and incinerators of all types, indoor and,'' to the 
definition of ``air contaminant source.''
    The definitions of ``air curtain destructor,'' ``open burning,'' 
``Ringelmann chart,'' ``soiling index,'' ``silicon carbide plant,'' and 
``magnetite processing plant'' were deleted.
    Minor changes were made to the definitions of ``modification'' and 
``reasonably available control technology'' to correct typographical 
errors and for clarification.
    The definition of ``malfunction'' was revised to correct a 
typographical error. The revision added failures that are caused by 
poor maintenance, careless operation, or any other preventable upset 
condition to the definition of ``malfunction.''
    The definition of ``startup'' was revised to specify that ``startup 
is the setting in operation of an air contaminant source for the 
production of product for sale or use as raw materials or steam or heat 
production.''
    Definitions of ``continuous emission monitor,'' ``nonattainment 
area,'' ``PM-10,'' and ``total suspended particulate (TSP)'' were 
added.
    Minor revisions to the definitions of ``air pollution,'' ``board,'' 
and ``cupola'' were withdrawn by the State via letter dated January 11, 
1993, from Mr. John W. Walton, Technical Secretary of the Tennessee Air 
Pollution Control Board.

Chapter 1200-3-18 Volatile Organic Compounds

    Applicability--The applicability requirements have been revised to 
state that the rules apply to facilities having potential VOC emissions 
of 25 tons per year or greater in Davidson, Hamilton, and Shelby 
Counties, and 100 tons per year or greater in all other counties in the 
State. The applicability requirements have been revised in the 
following rules.
Rule 1200-3-18-.05 Automobile and Light Duty Truck Manufacturing;
Rule 1200-3-18-.12 Can Coating;
Rule 1200-3-18-.13 Coil Coating;
Rule 1200-3-18-.14 Fabric and Vinyl Coating;
Rule 1200-3-18-15 Metal Furniture Coating;
Rule 1200-3-18-.16 Surface Coating of Large Appliances;
Rule 1200-3-18-.17 Magnet Wire Coating;
Rule 1200-3-18-.18 Solvent Metal Cleaning;
Rule 1200-3-18-.20 Flat Wood Paneling Coating;
Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and 
Products;
Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires;
Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical 
Products; and
Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning.
    Compliance--The following rules have been revised to reference the 
compliance provisions in paragraph 1200-3-18-.01(3) and rule 1200-3-18-
.22. Paragraph 1200-3-18-.01(3) contains provisions for standards that 
limit the pounds of VOCs per gallon of material and rule 1200-3-18-.22 
concerns leaks from gasoline tank trucks and vapor collection systems.

Rule 1200-3-18-.08 Bulk Gasoline Plants;
Rule 1200-3-18-.09 Bulk Gasoline Terminals; and
Rule 1200-3-18-.10 Gasoline Service Stations Stage I.
    The following rules have been revised to reference the compliance 
provisions in paragraph 1200-3-18-.01(3).

Rule 1200-3-18-.12 Can Coating;
Rule 1200-3-18-.14 Fabric and Vinyl Coating;
Rule 1200-3-18-.20 Flat Wood Paneling Coating;
Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and 
Products;
Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems;
Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks;
Rule 1200-3-18-.25 Petroleum Liquid Storage in External Floating 
Roof Tanks;
Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires;
Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical 
Products;
Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning; and
Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography.

Rule 1200-3-18-.01 Purpose and General Provisions

    The following changes were made to both the Tennessee and Memphis 
portions of the SIP.
    Paragraph (1) was revised to change the applicability of emission 
standards and requirements from ``new and existing'' sources to 
``certain'' sources of VOCs for which applicability is specified in 
this chapter or other chapters of division 1200-3. This paragraph was 
also revised to state that ``[i]n determining whether the source 
category at a facility satisfies the applicability standard of a 
specific rule, the potential emissions from all sources of the source 
category shall be totaled.''
    Paragraph (3) was added to describe the standards that limit the 
pounds of VOCs per gallon of material. These standards must now specify 
the allowable VOC content per gallon of material less water. 
Demonstration of compliance with the VOC content standards of chapter 
1200-3-18 was also addressed in paragraph (3). This paragraph states 
that compliance ``other than by use of complying materials, shall be 
demonstrated by the limitation of volatile organic compound emissions 
to a level equivalent to the quantities which theoretically would be 
emitted if complying materials would be used.''
    Paragraph (4) describing methods for proof of compliance with the 
standards in chapter 1200-3-18 was also added to this rule. EPA is 
conditionally approving subparagraph 1200-3-18-.01(4)(b) in the Memphis 
submittal because it provides for determination of the VOC content, 
water content, densities, volume solids, and weight solids by 
certification from the manufacturer, if supported by batch formulation 
records and approved by the Technical Secretary. Based on Attachment 4 
to the May 25, 1988, ``Blue Book,'' the reference to batch formulation 
data must be changed to batch analytical data. In a letter dated 
January 25, 1994, the State committed for Memphis to correct this 
deficiency by February 1, 1995. EPA is not approving this revision for 
the area of Tennessee outside of the Memphis-Shelby county area because 
the State of Tennessee revised this rule in a subsequent submittal on 
May 18, 1993, which will be acted on by EPA in a later notice.
    Subparagraph 1200-3-18-.01(4)(c), which refers to the procedure for 
the determination of capture efficiency, was withdrawn by the State via 
letter dated August 26, 1992, from Mr. John W. Walton, Technical 
Secretary of the Tennessee Air Pollution Control Board. Subparagraph 
1200-3-18-.01(4)(c) was not included in the Memphis-Shelby County 
submittal.
    Paragraph (5) describing monitoring to confirm continuing 
compliance and daily recordkeeping procedures was added. Paragraph (6) 
providing for a nonrenewable exemption from the standards in chapter 
1200-3-18 was also added.

Rule 1200-3-18-.02 Definitions

    The definitions of ``urban county,'' ``rural county,'' and 
``approved'' were deleted. The definitions of ``volatile organic 
compound'' and ``coating line'' were revised to correct deficiencies. 
Definitions of ``exempt solvent,'' ``operation,'' ``potential VOC 
emissions,'' ``potential emissions,'' and ``legally enforceable'' were 
added. A minor revision was made to the definition of ``existing 
source'' to change the word ``process(es)'' to ``process.''

Rule 1200-3-18-.03 Standard for New Sources

    Tennessee proposed to delete this rule in its entirety. EPA is 
disapproving the deletion of this rule for the Tennessee submittal 
because Tennessee does not have federally approved New Source Review 
(NSR) regulations which apply to some of the sources in this chapter. 
EPA is approving the deletion of this rule for the Memphis submittal 
because the federally approved Tennessee NSR applies to the Memphis-
Shelby County area. Section 110(l) of the CAA provides that EPA shall 
not approve a SIP revision if the revision interferes with any 
applicable requirements concerning attainment and reasonable further 
progress, or any other applicable requirements of the CAA. Section 
110(k) of the CAA addresses the situation in which an entire submittal, 
or a separable portion of a submittal, meets all applicable 
requirements of the CAA. In the case where a separable portion of the 
submittal meets all of the applicable requirements, partial approval 
may be used to approve that part of the submittal and disapprove the 
remainder. EPA has determined that the proposed deletion of this rule 
is separable from the submittal because the other revisions apply to 
existing sources and this proposed revision applies only to new 
sources.
    Tennessee may submit the deletion of this rule with the submittal 
of their revised NSR regulations. For the deletion to be approvable, 
the revised NSR regulation must meet the provisions of part D of title 
I of the CAA, must contain requirements that will apply to the sources 
under this chapter and must be at least as stringent as the rule they 
propose to delete.

Rule 1200-3-18-.04 Alternate Emission Standard

    This rule was deleted in its entirety. Alternate emission standards 
for VOCs were added to chapter 1200-3-21.

Rule 1200-3-18-.05 Automobile and Light Duty Truck Manufacturing

    This rule was deleted in its entirety because there were no sources 
subject to the rule as contained in the Tennessee SIP and the Memphis 
portion of the Tennessee SIP. A new regulation for such sources 
consistent with EPA guidance has been submitted by the State and EPA 
will act on this submittal in a subsequent document.

Rule 1200-3-18-.06 Paper Coating

    The definition of ``Paper coating'' in subparagraph (1)(b) was 
revised to include ``decorative, functional, and protective coatings.'' 
Paragraph (2) was revised to make saturation operations subject to the 
provisions of this rule.
    Paragraph (3) was revised to clarify the discharge limitation for 
the owner or operator of a paper coating line subject to this rule. The 
limitation disallows ``the discharge into the atmosphere of any 
volatile organic compound in excess of 0.35 kilograms per liter (2.9 
pounds per gallon) of coating as applied (or as delivered to the 
applicator), excluding water and exempt solvents, except as provided in 
1200-3-18-.01(3).''

Rule 1200-3-18-.07 Petroleum Liquid Storage

    The reference to rule 1200-3-18-.41 was deleted in paragraph (4) 
because the rule was changed and the exemption is no longer applicable.

Rule 1200-3-18-.08 Bulk Gasoline Plants

    Minor revisions were made to the exemptions in paragraph (3) for 
purposes of correction and clarification.

Rule 1200-3-18-.09 Bulk Gasoline Terminals

    A condition was added to the loading restrictions in paragraph (3). 
This condition states that no person may load gasoline into any tank 
trucks or trailers from any bulk gasoline terminal unless all loading 
and vapor lines are equipped with fittings which are vapor-tight.
    Paragraph (6) was added to specify the applicable test method for 
determining VOC emissions from bulk gasoline terminals. This paragraph 
included subparagraphs which describe the principle, method summary, 
applicability, apparatus, test requirements, basic measurements 
required, test procedure, calculations, and calibrations of the test 
method.

Rule 1200-3-18-.10 Gasoline Service Stations Stage I

    The exemptions in paragraph (3) were revised. EPA is conditionally 
approving the exemption in subparagraph (3)(a) of the Memphis submittal 
because it provides for director's discretion and therefore is not 
approvable. The exemption specifies that gasoline dispensing facilities 
equipped with control devices which have been approved by the Technical 
Secretary as providing emission reductions equivalent to that provided 
by floating roofs are exempt from this rule. In a letter dated January 
25, 1994, the State committed for Memphis to correct this deficiency by 
February 1, 1995. EPA is not approving this revision for the area of 
Tennessee outside of the Memphis-Shelby county area because the State 
of Tennessee revised this rule in a subsequent submittal on May 18, 
1993, which will be acted on by EPA in a later document.
    Subparagraph (3)(b) was revised to change the exemption from 
``stationary gasoline storage containers of less than 7,570 liters 
(2,000 gallons)'' to ``stationary gasoline storage containers of less 
than 2,085 liters (550 gallons) capacity used exclusively in 
agriculture.'' Subparagraph (3)(c) was revised to change the exemption 
to facilities in counties other than Davidson and Shelby Counties. 
Subparagraph (3)(d) was revised to change the exemption from ``gasoline 
dispensing facilities with an annual throughput of less than 260,000 
gallons which is serviced with a tank truck with a capacity of 4,200 
gallons or less'' to ``gasoline dispensing facilities with an annual 
throughput of less than 120,000 gallons.''
    Conditions were added to the limitations on the transfer of 
gasoline described in paragraph (4). These conditions specify that, 
``[e]xcept as provided under paragraph (3) of this rule, no owner or 
operator may transfer or cause or allow the transfer of gasoline from 
any delivery vessel into any stationary storage tank as described in 
subparagraphs (a) and (b) of this paragraph, unless the tank is 
equipped with a submerged fill pipe and the vapors displaced from the 
storage tank during filling are processed by a vapor control system in 
accordance with paragraph (5) of this rule.'' Subparagraph (a) 
specifies ``any stationary storage tank located at a gasoline 
dispensing facility, with a capacity of 7,580 liters (2,000 gallons) or 
more, which is in place before January 1, 1979.'' Subparagraph (b) 
specifies ``any stationary storage tank located at a gasoline 
dispensing facility, with a capacity of 948 liters (250 gallons) or 
more, which is installed after December 31, 1978.'' Minor changes were 
made to the phrasing in paragraph (6) to clarify the conditions on the 
owner or operator of a gasoline dispensing facility regarding design, 
maintenance, and refilling of a vapor-laden delivery vessel.

Rule 1200-3-18-.11 Petroleum Refinery Sources

    The reference to rule 1200-3-18-.41 was deleted in paragraph (2) 
because this rule was changed and is no longer applicable.

Rule 1200-3-18-.12 Can Coating

    Minor revisions were made in subparagraphs (3)(a), (b), (c), and 
(d) to clarify the limitations on the discharge of VOCs into the 
atmosphere.

Rule 1200-3-18-.13 Coil Coating

    This rule was added to chapter 1200-3-18. Paragraph (1) contains 
definitions of ``Coil coating'' and ``Quench area.'' Paragraph (2) 
applies the rule, in accordance with 1200-3-18-.13 (3), to the coating 
applicator(s), oven(s), and quench area(s) of coil coating lines 
involved in prime and top coat or single coat operations.
    Paragraph (3) disallows the discharge of VOCs from a coil coating 
line into the atmosphere ``in excess of 0.31 kilograms per liter (2.6 
pounds per gallon) of prime and topcoat or single coat as applied (or 
as delivered to the applicator), excluding water and exempt solvents, 
except as provided in 1200-3-18-.01(3).'' In the Memphis submittal, EPA 
is conditionally approving paragraph (3) because to meet RACT, the 
emission limits must apply to any coating, not just prime and topcoat 
or single coat. In a letter dated January 25, 1994, the State committed 
for Memphis to correct this deficiency by February 1, 1995. EPA is not 
approving this revision for the area of Tennessee outside of the 
Memphis-Shelby county area because the State of Tennessee revised this 
rule in a subsequent submittal on May 18, 1993, which will be acted on 
by EPA in a later notice.

Rule 1200-3-18-.14 Fabric and Vinyl Coating

    The definition of ``Vinyl coating'' in subparagraph (1)(b) was 
revised to exempt the application of plastisol coatings. The 
qualification that plastisol coatings cannot be used to bubble 
emissions from vinyl printing and topcoating was also added to 
subparagraph (1)(b).
    The applicability provision in paragraph (2) was revised to include 
saturation operations. Minor revisions were made to the phrasing in 
subparagraphs (3)(a) and (b) to clarify the VOC emission limitations.

Rule 1200-3-18-.15 Metal Furniture Coating

    Minor revisions were made to the phrasing in paragraph (3) to 
clarify the VOC emission limitations.

Rule 1200-3-18-.16 Surface Coating of Large Appliances

    A minor revision was made in paragraph (3) to correctly reference 
the VOC emissions limitations in paragraph (4). Minor revisions were 
made to the phrasing in paragraph (4) to clarify the VOC emission 
limitations.

Rule 1200-3-18-.17 Magnet Wire Coating

    Minor revisions were made to the phrasing in paragraph (2) to 
clarify the VOC emission limitations.

Rule 1200-3-18-.18 Solvent Metal Cleaning

    The reference to rule 1200-3-18-.41 was deleted in paragraph (2) 
because this rule was changed and is no longer applicable.

Rule 1200-3-18-.20 Flat Wood Panelling Coating

    Paragraphs (5) and (6), providing for increments of progress and 
proof of compliance respectively, were deleted because the dates for 
demonstration of compliance had expired.

Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and 
Products

    Definitions of ``High performance architectural coating'' and 
``Refinishing'' were added to paragraph (1). The definition of ``High 
performance architectural coating'' specifies that it is a coating 
``[a]pplied at a facility located in a county which is attainment for 
ozone and had a population of less that 15000 according to the 1980 
census.'' An emission limitation of 0.75 kg/l (6.2 lb/gal) for high 
performance architectural coating as applied (or as delivered to the 
applicator), excluding water and exempt solvents, was added as 
subparagraph (2)(a). The emission limitation of 0.52 kg/l (4.3 lb/gal) 
for clear coating as applied was clarified and moved from subparagraph 
(2)(a) to (2)(b). The emission limitation of 0.42 kg/l (3.5 lb/gal) for 
air dried coating as applied was clarified and moved from subparagraph 
(2)(b) to (2)(c). The emission limitation of 0.42 kg/l (3.5 lb/gal)for 
extreme performance coating as applied was clarified and moved from 
subparagraph (2)(c) to (2)(d). The emission limitation of 0.36 kg/l 
(3.0 lb /gal) for all other coating as applied was clarified and moved 
from subparagraph (2)(d) to (2)(e).
    The exemptions for the exterior of marine vessels and for bicycles 
in subparagraphs (5)(j) and (5)(m) were withdrawn by the State via 
letter dated March 9, 1993, fromMr. John W. Walton, Technical Secretary 
of the Tennessee Air Pollution Control Board. On August 30, 1993, the 
State sent another letter to EPA withdrawing these exemptions from the 
Memphis submittal. The exemption in subparagraph (5)(1) for prime and 
top coating aerospace components was deleted. Paragraphs (7) and (8), 
providing for increments of progress and proof of compliance 
respectively, were deleted.

Rule 1200-3-18-.22 Leaks From Gasoline Tank Trucks and Vapor 
Collection Systems

    The limitation in subparagraph (2)(a) on loading and unloading 
conditions for a gasoline tank truck was further specified by the 
addition of the phrase ``when pressurized to gauge pressure of 4,500 
pascals (18 in. of H2O).'' Paragraph (3) was amended by the 
addition of the requirement that testing of gasoline tank trucks for 
leak tightness be accomplished during or before the twelfth month after 
the month of the last test in which compliance with the standards of 
(2)(a) was demonstrated.
    Paragraph (4) was revised to state that the rule is also applicable 
to gasoline tank trucks which load or unload at applicable plants, 
terminals, or gasoline dispensing facilities in Shelby County. The 
requirement in paragraph (4) that gasoline tank trucks be equipped for 
gasoline vapor collection for this rule to be applicable was deleted. 
Paragraph (4) was also reorganized into subparagraphs for clarity.
    Paragraph (5) requiring initial testing was deleted. The reference 
to rule 1200-3-18-.42 was deleted in paragraph (6) because this rule 
was changed and is no longer applicable.
    Subparagraphs (6)(a) and (b) were revised to provide for EPA's 
approval of equivalent test procedures for proof of compliance.

Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks

    Subparagraph (2)(a) was revised so that pressure relief devices 
which are connected to inaccessible valves are no longer exempt from 
inclusion in the inspection program. Paragraph (4), providing for the 
institution of an approved inspection program, was deleted.

Rule 1200-3-18-.25 Petroleum Liquid Storage in External Floating Roof 
Tanks

    Paragraph (5), providing for increments of progress, was deleted.

Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires

    Paragraphs (5) and (6), providing for increments of progress and 
proof of compliance respectively, were deleted.

Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical Products

    Paragraphs (4) and (5), providing for increments of progress and 
proof of compliance respectively, were deleted.

Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning

    Paragraph (5), providing for increments of progress, was deleted. 
Subparagraph (6)(d), providing for consistency with the test methods 
and procedures in rule 1200-3-18-.43,was also deleted. The test methods 
for proof of compliance are now provided for in paragraph 1200-3-18-
.01(4).

Rule 1200-3-18-.29 Graphic Arts--Rotogravure and Flexography

    Subparagraph (2)(b) was revised to add the requirement that the ink 
in flexographic and packaging rotogravure contain no more than 0.5 
pound VOC per pound of solids. Subparagraph (2)(b) was also reorganized 
into subparagraphs for clarity. Paragraphs (5) and (6), providing for 
increments of progress and proof of compliance respectively, were 
deleted.

Rule 1200-3-18-.30 Surface Coating of Aerospace Components

    This rule was deleted in its entirety because aerospace sources are 
subject to Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal 
Parts and Products.

Rule 1200-3-18-.40 Regulations Required Only in Metropolitan Davidson 
County

    This rule was renamed ``Regulations Required in Nonattainment 
Areas.'' Paragraph (1) was deleted and reserved for future use. 
Paragraph (2) was completely revised to state that ``[a]ny plant within 
a county designated in Part 1200-3-2-.01(1)(ffff)3 as nonattainment for 
ozone having sources with potential volatile organic compound emissions 
totaling more than 100 tons/year in the aggregate shall utilize 
reasonably available control technology (RACT) for volatile organic 
compound emission from those sources.'' This changes the emission 
requirement for implementing RACT from 1000 tons/year or greater only 
in the Metropolitan Davidson county to 100 tons/year or greater in the 
entire ozone nonattainment area which makes the rule more stringent. 
The State has submitted further revisions to meet the non-CTG 
requirements for the Nashville area and these will be addressed in a 
subsequent action by EPA. EPA is approving this revision for its 
strengthening effect.

Rule 1200-3-18-.41 Compliance Schedules

    This rule was deleted and replaced with the requirement that the 
owner or operator of a source in existence or having a State or local 
agency's construction permit before June 7, 1992, and subject to a 
standard in chapter 1200-3-18 shall satisfy the applicable increments 
of progress specified in subparagraphs (a), (b), and (c). This rule 
also includes a certification requirement and an exemption provision.

Rule 1200-3-18-.42 Individual Compliance Schedules

    Paragraph (1) was revised to state that a facility with a source 
satisfying the applicability provisions of rule 1200-3-18-.41 may 
petition for a specific compliance schedule differing from the 
schedules contained in 1200-3-18-.41 and other rules in chapter 18 only 
if one or more of the conditions specified in subparagraphs (a) and (b) 
are satisfied. The condition in subparagraph (1)(c) was deleted.
    Paragraph (2) was revised to delete the word ``alphabetical,'' 
which was a typographical error, and to require final compliance with 
the specified emission standard as expeditiously as possible, 
consistent with the limiting conditions specified in paragraph (1) of 
this rule. Paragraph (3) was revised to state that individual 
compliance schedules approved under this rule must be submitted to EPA 
for approval. Paragraph (4) was revised to delete the reference to 
Hamilton County.

Rule 1200-3-18-.43 General Provisions for Test Methods and Procedures

Rule 1200-3-18-.44 Determination of Volatile Content of Surface 
Coatings

Rule 1200-3-18-.45 Test Methods for Determination of Volatile Organic 
Compound Emissions Control Systems Efficiency

Rule 1200-3-18-.46 Test Method for Determination of Solvent Metal 
Cleaning Organic Compound Emissions

Rule 1200-3-18-.47 Test Procedure for Determination of VOC Emissions 
From Bulk Gasoline Terminals

    The above listed rules were deleted in their entirety. The test 
methods and procedures for proof of compliance are now provided for in 
paragraph 1200-3-18-.01(4).

Rule 1200-3-18-.48 Capture Efficiency Test Procedures

    This rule was withdrawn by the State via letter dated August 26, 
1992, from Mr. John W. Walton, Technical Secretary of the Tennessee Air 
Pollution Control Board. On August 30, 1993, the State sent another 
letter withdrawing this rule from the Memphis submittal.
    The State intends to adopt capture efficiency (CE) test procedures 
after EPA publishes its revised CE test procedures. The study to 
evaluate the cost and technical aspects of alternative CE methods has 
been completed. EPA issued a draft document on October 6, 1993. This 
document is currently undergoing review and comment. Where states have 
not yet adopted CE regulations, EPA is allowing them to defer adoption 
of CE test requirements while the study is underway.

Chapter 1200-3-21 General Alternate Emission Standards

Rule 1200-3-21-.01 General Alternate Emission Standard

    The following changes were made to both the Tennessee and Memphis 
portions of the SIP.
    Paragraph (1) was revised to state that in lieu of satisfying the 
standards and requirements of other chapters of division 1200-3, air 
contaminant sources with a certificate of alternate control shall not 
emit particulate matter, sulfur dioxide, carbon monoxide, nitrogen 
dioxide, or volatile organic compounds in excess of the respective 
limits of said certificate.
    Paragraph (2) was revised to allow sources of VOCs regulated by 
other rules in the State's regulations to apply for a Certificate of 
Alternate Control. Paragraph (2) was also revised to change the word 
``source'' to ``source(s),'' and to change the word ``must'' to ``may'' 
with regard to the Technical Secretary granting a request for a 
Certificate of Alternate Control. In addition, the requirement that 
these standards and conditions be submitted to EPA for approval was 
included in paragraph (3).
    The condition in subparagraph (2)(a) was revised to include VOCs 
and to replace the language regarding determination of equivalent 
emissions. Subparagraph (2)(b) was revised to state that if a schedule 
of compliance is required, it must be included as a condition on the 
certificate. The phrase ``this date'' was changed to ``the final 
compliance date.''
    Subparagraph (2)(c) was revised to require the air contaminant 
source to use modeling consistent with Guideline on Air Quality Models 
(Revised), EPA-450/2-78-027R, with the 1988 revisions, to verify that 
the alternate emission standard will yield equivalent or improved air 
quality for the pollutant involved. Minor revisions were also made in 
subparagraph (2)(c) to correct typographical errors.
    Subparagraph (2)(d) was revised to correct the reference to another 
rule and to replace the word ``old'' with ``existing'' in reference to 
sources. Subparagraph (2)(d) was also revised to require compliance 
with all applicable standards and requirements established under 
paragraph 1200-3-9-.01(4), under chapters 1200-3-11 and 16, and 
according to a lowest achievable emission rate (LAER) determination 
under paragraph 1200-3-9-.01(5). These standards and requirements will 
not be superseded or replaced by the alternate emission standard.
    Subparagraph (2)(e), providing that sources must establish a 
specific emission limit for each emission point, was deleted. 
Subparagraph (2)(f) was renamed (2)(e) and revised to increase the 
certificate fee for each source.
    Subparagraph (2)(g) was renamed (2)(f) and a phrase was deleted for 
clarification. A new subparagraph, (2)(g) was added to state that the 
provisions of the Emissions Trading Policy Statement, 51 FR 43850, 
dated December 4, 1986, are being satisfied. This policy statement is 
more stringent than subparagraph (2)(e) which was deleted.
    Paragraph (3) was revised so that alternate emission standards and 
certificate conditions are no longer considered to be an addition to 
the existing standards. In addition, the requirement that these 
standards and conditions be submitted to EPA for approval was included 
in paragraph (3).
    Paragraph (4) was revised to state that ``[g]ood engineering 
practice stack heights shall be utilized on all stack changes 
associated with the alternate control standards for particulate matter, 
sulfur dioxide, carbon monoxide, and nitrogen dioxide.'' Paragraph (9) 
was revised to delete the reference to each emission point.

Rule 1200-3-21-.02 Applicability

    This rule was added to make chapter 1200-3-21 applicable ``only to 
those air contaminant sources which apply for a certificate of 
alternate control or a revision to a certificate of alternate control 
after March 18, 1993.''

Final Action

    EPA is fully approving the submitted revisions to the Tennessee 
State Implementation Plan (SIP) and the Memphis portion of the 
Tennessee SIP with the exception of the proposed revisions to Rules 
1200-3-18-.01 (subparagraph (4)(b)), 1200-3-18-.10 (subparagraph 
(3)(a), and 1200-3-18-13 (paragraph (3)) of the Memphis portion of the 
Tennessee SIP for which we are issuing a conditional approval and Rule 
1200-3-18-.03 Standard for New Sources of the Tennessee SIP for which 
we are disapproving the proposed deletion.
    In addition, EPA is not approving the proposed revisions to rules 
1200-3-18-.01 (subparagraph (4)(b)), 1200-3-18-.10 (subparagraph 
(3)(a)), and 1200-3-18-13 (paragraph (3)) of the Tennessee SIP. These 
rules were revised in a subsequent submittal by Tennessee on May 18, 
1993. Therefore, since these revisions are not approvable as submitted 
in this action, EPA will act on these rules in the action on the May 
18, 1993, submittal.
    Because Tennessee has made a commitment for the Memphis 
nonattainment area that EPA believes meets the requirements necessary 
for EPA to grant conditional approval, EPA is conditionally approving 
under section 110(k)(4) of the CAA. In order for EPA to take final 
action on the commitment, the State must meet their commitment for the 
Memphis nonattainment area to adopt the identified provisions by 
February 1, 1995, and submit them to EPA within the time specified in 
this schedule. If the State fails to adopt or submit these rules for 
Memphis-Shelby County to EPA within this time frame, this approval will 
become a disapproval on that date. EPA will notify the area by letter 
that this action has occurred. At that time, this commitment will no 
longer be a part of the approved Memphis-Shelby County portion of the 
Tennessee SIP. EPA subsequently will publish a notice in the notice 
section of the Federal Register. If Tennessee adopts and submits these 
rules for Memphis-Shelby County to EPA within the applicable time 
frame, the conditionally approved submission will remain a part of the 
SIP until EPA takes final action approving or disapproving the new 
submittal. If EPA disapproves the new submittal, the conditionally 
approved submittal will also be removed from the SIP. Moreover, the 
rules on which the conditional approval was based will also be 
disapproved at that time. If EPA approves the submittal, those newly 
approved rules will become a part of the SIP and will modify or replace 
the commitment and the rules on which the conditional approval is 
based.
    If EPA determines that it cannot issue a final, conditional 
approval or if the conditional approval is converted to a disapproval, 
the sanctions clock under section 179(a) will begin. This clock will 
begin at the time EPA issues the final disapproval or on the date 
Tennessee fails to meet its commitment. In the latter case, EPA will 
notify the area by letter that the conditional approval has been 
converted to a disapproval and that the sanctions clock has begun. If 
the State does not submit and EPA does not approve the rule on which 
the disapproval was based within 18 months of the disapproval, EPA must 
impose one of the sanctions under section 179(b)--highway funding 
restrictions or the offset sanction. In addition, the final disapproval 
triggers the Federal implementation plan (FIP) requirement under 
section 110(c).
    This action is being taken without prior proposal because the 
changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised that this action will be 
effective June 17, 1994. However, if notice is received by May 18, 1994 
that someone wished to submit adverse or critical comments, this action 
will be withdrawn and two subsequent documents will be published before 
the effective date. One document will withdraw the final action and 
another will begin a new rulemaking by announcing a proposal of the 
action and establishing a comment period.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by June 17, 
1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for purposes 
of judicial review nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (see section 
307(b)(2) of the CAA, 42 U.S.C. 7607 (b)(2)).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 26, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant 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 and conditional approvals under section 110 and 
subchapter I, part D of the CAA 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, EPA 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 regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The CAA forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 
U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: March 22, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the 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 52.2219 is added to subpart RR to read as follows:


Sec. 52.2219  Identification of plan--conditional approval.

    EPA is conditionally approving the following revisions to the 
Memphis-Shelby County portion of the Tennessee SIP contingent on 
Memphis meeting the schedule which was committed to for Memphis by 
Tennessee in a letter dated December 20, 1993, and amended on January 
25, 1994, from the State of Tennessee to EPA Region IV.
    (a) Rule 1200-3-18-.01 Purpose and General Provisions: Subparagraph 
(4)(b) effective October 23, 1993.
    (b) Rule 1200-3-18-.10 Gasoline Service Stations Stage I: 
Subparagraph (3)(a) effective October 23, 1993.
    (c) Rule 1200-3-18-.13 Coil Coating: Paragraph (3) effective 
October 23, 1993.

    3. Section 52.2220 is amended by adding paragraph (c)(115) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (115) Revisions to the rules in the State's portion of the 
Tennessee State Implementation Plan (SIP) regarding control of volatile 
organic compounds (VOCs) were submitted on June 25, 1992, and March 22, 
1993, by the Tennessee Department of Environment and Conservation. 
Revisions to the rules in the Memphis-Shelby County portion of the 
Tennessee SIP regarding control of VOCs were submitted on November 5, 
1992, and April 22, 1993, by the State on behalf of Memphis-Shelby 
County. In these submittals, Memphis-Shelby County adopted State 
regulations by reference.
    (i) Incorporation by reference.
    (A) Revisions to the following State of Tennessee regulations were 
effective on June 7, 1992.
    (1) Rule 1200-3-2-.01 General Definitions: Subparagraphs (1)(b), 
(c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee), 
(ffff), (gggg), and (iiii).
    (2) Rule 1200-3-18-.01 Purposes and General Provisions: Paragraphs 
(1), (3), (4) introductory paragraph and (4)(a), (5), and (6).
    (3) Rule 1200-3-18-.02 Definitions: Subparagraphs (1)(a), (b), (c), 
(f), (m), (ii), and (jj).
    (4) Rule 1200-3-18-.04 Alternate Emission Standard.
    (5) Rule 1200-3-18-.05 Automobile and Light Duty Truck 
Manufacturing.
    (6) Rule 1200-3-18-.06 Paper Coating: Subparagraph (1)(b) and 
paragraphs (2), (3), and (4).
    (7) Rule 1200-3-18-.07 Petroleum Liquid Storage: Introductory 
paragraph of paragraph (4).
    (8) Rule 1200-3-18-.08 Bulk Gasoline Plants: Paragraphs (2) and 
(3).
    (9) Rule 1200-3-18-.09 Bulk Gasoline Plants: Paragraph (2), 
subparagraph (3)(d), and paragraph (6).
    (10) Rule 1200-3-18-.10 Gasoline Service Stations Stage I: 
Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6).
    (11) Rule 1200-3-18-.11 Petroleum Refinery Sources: Paragraph (2).
    (12) Rule 1200-3-18-.12 Can Coating: Paragraphs (3) and (4).
    (13) Rule 1200-3-18-.13 Coil Coating: Paragraphs (1), (2), and (4).
    (14) Rule 1200-3-18-.14 Fabric and Vinyl Coating: Subparagraph 
(1)(b) and paragraphs (2), (3), and (4).
    (15) Rule 1200-3-18-.15 Metal Furniture Coating: Paragraphs (3) and 
(4).
    (16) Rule 1200-3-18-.16 Surface Coating of Large Appliances: 
Paragraphs (3), (4), and (5).
    (17) Rule 1200-3-18-.17 Magnet Wire Coating: Paragraphs (2) and 
(3).
    (18) Rule 1200-3-18-.18 Solvent Metal Cleaning: Paragraphs (2) and 
(3).
    (19) Rule 1200-3-18-.20 Flat Wood Paneling Coating: Introductory 
paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (20) Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal 
Parts and Products: Subparagraphs (1)(g) and (h), paragraph (2), 
subparagraph (5)(1), and paragraphs (6), (7), and (8).
    (21) Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems: Introductory paragraph of paragraph (2), 
subparagraph (2)(a), paragraphs (3), (4), (5), and (6).
    (22) Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks: 
Introductory paragraph of paragraph (2), subparagraph (2)(a), and 
paragraph (4).
    (23) Rule 1200-3-18-.25 Petroleum Liquid Storage in External 
Floating Roof Tanks: Introductory paragraph of paragraph (2), and 
paragraph (5).
    (24) Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires: 
Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (25) Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical 
Products: Introductory paragraph of paragraph (2), paragraphs (3), (4), 
and (5).
    (26) Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning: 
Introductory paragraph of paragraph (2), paragraphs (4) and (5), and 
subparagraph (6)(d).
    (27) Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography: 
Introductory paragraph of paragraph (2), subparagraph (2)(b), 
paragraphs (5) and (6).
    (28) Rule 1200-3-18-.30 Surface Coating of Aerospace Components.
    (29) Rule 1200-3-18-.40 Regulations Required in Nonattainment 
Areas.
    (30) Rule 1200-3-18-.41 Compliance Schedules.
    (31) Rule 1200-3-18-.42 Individual Compliance Schedules: Paragraphs 
(1), (2), (3), and (4).
    (32) Rule 1200-3-18-.43 General Provisions for Test Methods and 
Procedures.
    (33) Rule 1200-3-18-.44 Determination of Volatile Content of 
Surface Coatings.
    (34) Rule 1200-3-18-.45 Test Method for Determination of Volatile 
Organic Compound Emissions Control Systems Efficiency.
    (35) Rule 1200-3-18-.46 Test Method for Determination of Solvent 
Metal Cleaning Organic Compound Emissions.
    (36) Rule 1200-3-18-.47 Test Procedure for Determination of VOC 
Emissions from Bulk Gasoline Terminals.
    (B) Revisions to the following State of Tennessee regulations were 
effective on March 18, 1993.
    (1) Rule 1200-3-21-.01 General Alternate Emission Standard: 
Paragraphs (1), (2), (3), (4), and (9).
    (2) Rule 1200-3-21-.02 Applicability.
    (ii) Additional material--none.

    4. Section 52.2225 is amended by redesignating paragraph (b) as 
paragraph (c) and adding a new paragraph (b) to read as follows:


Sec. 52.2225  VOC rule deficiency correction.

 * * * * *
    (b) Revisions to sections 1200-3-2 ``Definitions'', 1200-3-18 
``Volatile Organic Compounds'' and 1200-3-21 ``General Alternate 
Emission Standards'' of the Tennessee SIP and the Memphis portion of 
the Tennessee SIP were submitted to correct deficiencies pursuant to 
the SIP call letter for ozone from Greer Tidwell, the EPA Regional 
Administrator, to Governor McWherter on May 26, 1988, and clarified in 
a letter dated June 10, 1988, from Winston Smith, Air, Pesticides & 
Toxics Management Division Director, to Harold Hodges, Director of the 
Tennessee Division of Air Pollution. These revisions are approved with 
the exception of the following which remain as deficiencies and must be 
corrected by Tennessee and Memphis and the deletion of section 1200-3-
18-.03 ``Standard for New Sources'' in the Tennessee SIP which was 
disapproved. The deficiencies are common to both Tennessee and Memphis 
because Memphis adopts the Tennessee regulations by reference.
    (1) Rule 1200-3-18-.01 subparagraph (4)(b) must be changed to 
provide for EPA Administrator approval and the reference to batch 
formulation data must be changed to batch analytical data.
    (2) Rule 1200-3-18-.10 subparagraph (3)(a) must be changed to 
provide for EPA Administrator approval.
    (3) Rule 1200-3-18-.13 paragraph (3) must be changed to apply to 
any coating, not just prime and topcoat or single coat for this rule to 
meet the RACT emission limits.
 * * * * *
    5. Section 52.2228 is amended by adding paragraph (e) to read as 
follows:


Sec. 52.2228  Review of new sources and modifications.

* * * * *
    (e) The State of Tennessee proposed to delete section 1200-3-18-.03 
``Standard for New Sources'' from the Tennessee State Implementation 
Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP. 
EPA is disapproving the deletion of this rule for the Tennessee SIP 
because Tennessee does not have federally approved New Source Review 
(NSR) regulations which apply to some of the sources in this chapter. 
EPA is approving the deletion of this rule for the Memphis submittal 
because the federally approved TN NSR applies to the Memphis-Shelby 
County area.
[FR Doc. 94-8969 Filed 4-15-94; 8:45 am]
BILLING CODE 6560-50-F