[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37386-37390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18197]
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[[Page 37387]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-151-7017a; TN-153-7018a; TN-161-9621a; TN-162-9622a; TN-164-9626a;
TN-168-9628a; TN-169-9629a; FRL-5533-5]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Tennessee SIP Regarding Construction
Permits and Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is acting on revisions to the Tennessee
State Implementation Plan (SIP) which were submitted to EPA by
Tennessee, through the Tennessee Department of Air Pollution Control
(TDAPC), to amend the Tennessee chapters on construction and operating
permits and the regulation of volatile organic compounds (VOC). The
revisions amending the TDAPC's construction and operating permits
chapter were submitted on January 17, 1995; the revisions amending the
TDAPC's VOC chapter were submitted on February 21, 1995, February 8,
1996, February 23, 1996, April 22, 1996, and April 25, 1996. The
revisions to the construction and operating permit incorporate
visibility protection requirements into the construction permits
portion of the rule. The revisions to the VOC chapter were made to
respond to the deficiencies of the VOC chapter as described in 60 FR
10504 published on February 27, 1995, which acted on the Tennessee VOC
Reasonably Available Control Technology (RACT) submittal to meet the
1990 VOC RACT ``Catch Up'' requirements. In this notice, EPA is making
the determination that all conditional approvals necessary for ozone
redesignation purposes have been satisfied. In addition to the above
revisions, an amendment was submitted on February 23, 1996, which
amended the emissions statement in the VOC chapter, and two new
chapters were submitted in April 1996, to regulate offset lithographic
printing sources and wood furniture finishing and cleaning operations.
DATES: This final rule is effective September 16, 1996 unless adverse
or critical comments are received by August 19, 1996. 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
William Denman at the Environmental Protection Agency, Region 4 Air
Programs Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365.
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. Reference files TN151-01-7017, TN153-01-7018, TN161-01-
9621, TN162-01-9622, TN164-01-9626, TN168-01-9628, and TN169-01-9629.
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 Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365, William Denman, 404/347-
3555 extension 4208.
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.
FOR FURTHER INFORMATION CONTACT: William Denman 404/347-3555 extension
4208.
SUPPLEMENTARY INFORMATION: On January 17, 1995, the Tennessee
Department of Air Pollution Control (TDAPC) submitted a request to the
EPA to incorporate paragraphs 1200-3-9-.01 (6), (7), and (8) into the
Tennessee SIP (reference file TN151-01-7017). The paragraphs revise the
chapter as described below.
1200-3-9-.01(6): This paragraph clarifies that construction permits
issued under this rule are based on air contaminants only and do not
affect the applicant's obligation to obtain necessary permits from
other government agencies.
1200-3-9-.01(7): This paragraph requires the applicant to pay the
cost of publication of any notices required by law to effectuate the
rights applied for.
1200-3-9-.01(8): This paragraph gives the requirements necessary
for protecting visibility as it applies to the issuance of a
construction permit.
On May 18, 1993, TDAPC submitted to EPA as part of a submittal of
revisions to the VOC chapter, a request to add perchloroethylene to the
list of exempt compounds in the definition of a VOC contained in 1200-
3-18-.01(1). This definition was conditionally approved on February 27,
1995, based on the commitment by the State of Tennessee to delete it
from the list of exempt VOC compounds within one year if EPA had not
completed the rulemaking exempting perchloroethylene as a VOC. The
rulemaking finalizing the exemption of perchloroethylene as a VOC
compound was published by EPA in 61 FR 4588, on February 7, 1996.
Therefore, the commitment has been met and perchloroethylene is
considered an exempt compound in the VOC definition contained in the
Tennessee SIP.
On February 21, 1995, TDAPC submitted to EPA a request to
incorporate a new rule (1200-3-18-.33) regulating VOC emissions from
the Manufacturing of Synthesized Pharmaceutical Products (reference
file TN153-01-7018). This rule applies to all reactors, distillation
operations, crystallizers, centrifuges, vacuum dryers, air dryers,
production equipment exhaust systems, rotary vacuum filters and other
filters, in-process tanks, and leaks associated with the manufacturing
of synthesized pharmaceutical products located in the State of
Tennessee. This rule does not apply to sources in Hamilton and Shelby
counties whose total potential VOC emissions from all the above listed
sources are less than 25 tons per year (tpy), nor to sources throughout
the State of Tennessee whose total potential VOC emissions are less
than 100 tpy except for sources located in the Nashville ozone
nonattainment area. The rule applies to all the above listed sources
located in the Nashville ozone nonattainment area, regardless of size.
The emission standards and the monitoring and record keeping
requirements contained in rule 1200-3-18-.33 are consistent with the
EPA guidance for RACT. The previous rule 1200-3-18-.33 was given
limited approval in 60 FR 10504 on February 27, 1995. The submittal of
this rule to replace the previous rule corrects the deficiencies
outlined in 60 FR 10504.
On February 8, 1996, TDAPC submitted to EPA revisions to the
Tennessee chapter regulating VOCs (1200-3-18) for incorporation into
the Tennessee SIP. These submittals address some of the commitments of
the conditional approval of Tennessee chapter 1200-3-18 on February 27,
1995 960 FR 10504). EPA is making the determination in this notice,
that all conditional approvals necessary for ozone redesignation have
been satisfied. In the first submittal dated February 8, 1996,
(reference file TN161-01-9621), Tennessee made seventeen revisions to
[[Page 37388]]
chapter 1200-3-18. They are described as follows.
1200-3-18-.01(45): A definition for ``maximum theoretical
emissions'' was added to the definitions section. This definition
clarifies the quantity of VOC emissions by a source without control
devices based on the design capacity or maximum production capacity of
the source and 8,760 hours of operation per year.
1200-3-18-.01(49): The term ``operation'' was defined as an
activity.
1200-3-18-.02(2): The word ``binding'' was deleted from this
paragraph for clarification.
1200-3-18-.02(5)(c): The phrase ``which is legally enforceable''
was deleted from the paragraph for clarification.
1200-3-18-.02(7): The phrase ``or in Chapter 21 of this division''
was added to this paragraph for clarification.
1200-3-18-.02(8): The phrase ``and nitrogen oxide emissions'' was
added to this paragraph to require sources subject to the emissions
statement requirement because of their VOC emissions to also report
their nitrogen oxide emissions. This paragraph was granted limited
approval in 60 FR 10504 on February 27, 1995, due to this deficiency.
This revision corrects the deficiency.
1200-3-18-.02(8): The phrase ``the owner or operator'' was replaced
by the phrase ``an official of the company'' to require an official of
the company to certify the emissions statement. This paragraph was
conditionally approved in 60 FR 10504 on February 27, 1995, based on a
commitment from Tennessee to revise the paragraph to include this
provision. This revision satisfies that commitment.
1200-3-18-.03(2)(b): The phrase ``in the alternative, over a longer
period'' was replaced by the phrase ``for an alternative period which
has been approved by the Technical Secretary and the EPA'' for EPA to
retain the approval authority of alternate control plans.
1200-3-18-.03(5)(b)(10): This paragraph was revised to require
additional monitoring of catalytic incinerators used in the coating and
printing industries to provide a more true representation of the actual
performance.
1200-3-18-.04(3)(b)(1)(ii): This paragraph was revised to require
additional monitoring of catalytic incinerators used in the non-coating
and non-printing industries to provide a more true representation of
the actual performance.
1200-3-18-.04(4): This paragraph was revised to more clearly state,
``Provisions of this rule apply only to sources identified as subject
to those provisions of this rule by other rules of this chapter''.
1200-3-18-.20(1)(b)(2)(vii): This paragraph which exempted usage of
4.0 gallons per day of air drying materials from the miscellaneous
metal parts rule was repealed by Tennessee after being disapproved by
EPA in 60 FR 10504 on February 27, 1995. Tennessee substituted
``reserved'' for the language in this paragraph.
1200-3-18-.21(7)(d)(2)(x): This paragraph was revised to require
additional monitoring of catalytic incinerators used in the coating of
flat wood paneling to provide a more true representation of the actual
performance.
1200-3-18-.36(1)(b): This paragraph was revised to more clearly
identify the sources applicable to the petroleum solvent dry cleaning
rule.
1200-3-18-.38(2)(c)(2): This paragraph was revised to require the
use of 10% by weight rather than 20% by weight in determining whether a
piece of equipment in VOC service in a synthetic organic chemical,
polymer, or resin manufacturing operation is in ``light liquid
service''. This paragraph was given limited approval in 60 FR 10504 on
February 27, 1995, based on a commitment by Tennessee to correct the
rule. This revision satisfies that commitment.
1200-3-18-.38(4): A provision was added to this rule to require
specific testing after a leak is repaired.
1200-3-18-.39(5)(a)(2): A conversion factor was revised for
calculating the mass rates of total VOC. The conversion factor was
revised to be 2.95 x 10-9. In a letter to Tennessee on August
12, 1994, EPA derived the conversion factor which correctly is 2.595
x 10-9. Tennessee incorrectly approved the conversion factor as
2.95 x 10-9 which is more stringent than the correct 2.595 x
10-9. Therefore, EPA is approving the more stringent conversion
factor. This paragraph was conditionally approved in 60 FR 10504 on
February 27, 1995. This revision satisfies that commitment.
In the second submittal dated February 8, 1996, (reference file
TN162-01-9622), Tennessee requested that EPA add chapter 1200-3-18-.78
``Other Facilities That Emit Volatile Organic Compounds (VOC's) Of
Fifty Tons Per Year'' to the Tennessee SIP and revise chapter 1200-3-
18-.79 ``Other Facilities That Emit Volatile Organic Compounds
(VOC's)'' of the Tennessee SIP. The revisions are described as follows.
1200-3-18-.78: This rule, commonly referred to as a non-CTG
(Control Techniques Guideline) RACT rule, is designed to apply to those
major sources which are not subject to the other industry specific VOC
RACT rules. Tennessee already has in their SIP a non-CTG RACT rule for
sources whose potential VOC emissions are above 100 tons per year
(tpy). This rule applies to sources located in the Nashville
nonattainment area whose potential VOC emissions are above 50 tpy. This
rule, however, contains language that makes it effective only if the
Nashville nonattainment area fails to attain the ozone standard by
November 15, 1996, and after the Technical Secretary publishes legal
notices in the five nonattainment counties of this failure to attain
the ozone standard.
1200-3-18-.78 & .79: Miscellaneous revisions were made to the table
of contents to allow for revisions to the SIP regarding these two
rules.
1200-3-18-.79(1)(c): This paragraph, which exempts certain source
categories from the Tennessee non-CTG RACT rule for sources with
potential emissions greater than 100 tpy, was amended by Tennessee to
delete 13 categories from the list of source categories exempt from
this rule.
1200-3-18-.79(1)(d): Tennessee revised this paragraph to delete all
the language previously contained in this section and inserted the
phrase ``reserved''. This revision came after EPA disapproved this
paragraph in 60 FR 10504 on February 27, 1995.
1200-3-18-.79(1)(e): This new paragraph was added to the rule to
specifically identify those sources exempt from the standards and
requirements of this rule due to the applicability of other rules.
120-3-18-.79(2): Several clarifying revisions were made to this
paragraph to make it read more clearly.
1200-3-18-.79(6): This new paragraph was added to the rule which
added monitoring and record keeping requirements for sources which
became subject to this rule after the rule effective date.
Another submittal amending chapter 1200-3-18 was made on February
23, 1996 (reference file TN-164-01-9626). This submittal deleted Knox
County, previously a marginal ozone nonattainment area which was
redesignated to attainment in 58 FR 50271 on September 27, 1993, from
the applicability portion of the emissions statement contained in
paragraph 1200-3-18-.02(8). Since Knox County submitted their
redesignation request prior to the due date for emissions statements
and the State has demonstrated that the deletion of this requirement
will not adversely affect the maintenance of the ozone standard, this
revision is approvable.
[[Page 37389]]
On April 22, 1996, the TDAPC submitted to EPA for incorporation
into their SIP a new VOC rule (1200-3-18-.43) applicable to offset
lithographic printing operations with potential VOC emissions of 25 tpy
or more (reference file TN168-01-9628). On April 25, 1996, the TDAPC
submitted to EPA for incorporation into their SIP a new VOC rule (1200-
3-18-.42) applicable to wood furniture finishing and cleaning
operations with potential VOC emissions or 25 tpy or more (reference
file TN169-01-9629). These rules are being approved into the SIP
because the VOC reductions from these rules are necessary to
demonstrate maintenance of the ozone standard. Since Tennessee applied
for redesignation prior to the due date for these rules, the rules are
not required to meet Reasonably Available Control Technology (RACT)
requirements. Should the Middle Tennessee ozone nonattainment area
violate the ozone standard prior to being redesignated to attainment,
these rules may be required to be made more stringent to meet RACT
requirements.
Final Action
The EPA is publishing this rulemaking without a prior proposal for
approval 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 September 16, 1996 unless, by August 19, 1996,
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 then be
addressed in a subsequent final rule based on the separate 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 September 16, 1996.
Under section 307(b)(1) of the Clean Air Act (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
September 16, 1996. 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 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 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, I certify 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. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. section 7410(a)(2) and 7410(k)(3).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 182 of the CAA.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. EPA has examined whether the rules being approved by this
action will impose any new requirements. Since such sources are already
subject to these regulations under State law, no new requirements are
imposed by this approval. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action, and therefore there will be no significant impact on a
substantial number of small entities.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended 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 this rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Dated: June 24, 1996.
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 52.2219 is revised to read as follows:
[[Page 37390]]
Sec. 52.2219 Identification of plan--conditional approval.
EPA is conditionally approving the following revisions to the
Tennessee SIP contingent on the State of Tennessee meeting the schedule
to correct deficiencies associated with the following rules which was
committed to in letters dated October 7, 1994, and December 16, 1994,
from the State of Tennessee to EPA Region 4.
(a) Rule 1200-3-18-.06 Handling, Storage and Disposal of Volatile
Organic Compounds (VOC's): Paragraph (1) effective April 22, 1993.
(b) Rule 1200-3-18-.86 Performance Specifications for Continuous
Emission Monitoring of Total Hydrocarbons: Subparagraph (11)(c)
effective April 22, 1993.
3. Section 52.2220 is amended by adding paragraph (c)(138) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(138) Revisions to chapter 1200-3-9 ``Construction and Operating
Permits'' were submitted by the Tennessee Department of Air Pollution
Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200-
3-18 ``Volatile Organic Compounds'' were submitted by the TDAPC to EPA
on February 21, 1995, February 8, 1996, February 23, 1996, April 22,
1996, and April 25, 1996.
(i) Incorporation by reference.
(A) Revisions to the State of Tennessee regulation 1200-3-9
``Construction and Operating Permits'', subparagraphs 1200-3-9-.01 (6),
(7), (8), effective on August 15, 1994.
(B) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.33 ``Manufacturing of Synthesized
Pharmaceutical Products'', effective on November 21, 1993.
(C) Revisions to the State of Tennessee regulation 1200-3-18
``Volatile Organic Compounds'' rules 1200-3-18-.01, 1200-3-18-.02,
1200-3-18-.03, 1200-3-18-.04, 1200-3-18-.20, 1200-3-18-.21, 1200-3-18-
.36, 1200-3-18-.38, 1200-3-18-.39 effective on October 9, 1995.
(D) Revisions to the State of Tennessee regulations effective
October 25, 1995.
(1) The addition of a the new rule 1200-3-18-.78 ``Other Facilities
that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year''.
(2) Revisions to rule 1200-3-18-.79 ``Other Facilities that Emit
Volatile Organic Compounds''.
(E) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.42 ``Wood Furniture Finishing and Cleaning'',
effective August 15, 1995.
(F) Revisions to the State of Tennessee regulation by the addition
of a new rule 1200-3-18-.43 ``Offset Lithographic Printing
Operations'', effective October 14, 1995.
(ii) Other material. None.
Sec. 52.2225 [Amended]
4. Section 52.2225 is amended by removing and reserving paragraphs
(b) and (c).
[FR Doc. 96-18197 Filed 7-17-96; 8:45 am]
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