[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Rules and Regulations]
[Pages 43972-43973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21694]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-176-1-9641a; TN-177-1-9642a; FRL-5547-1]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Tennessee SIP Regarding 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 chapter regulating volatile organic 
compounds (VOC). The revisions amending the TDAPC's VOC chapter were 
submitted on June 3, 1996, and June 4, 1996, and add rules which 
regulate surface coating of plastic parts operations, commercial and 
motor vehicle and mobile equipment refinishing operations, and volatile 
organic liquid storage tanks. Additionally, the State submitted 
revisions to the existing definition for exempt VOCs and to the 
existing chapter regulating handling, storage, use and disposal of 
volatile organic compounds. These revisions provide emission reductions 
for maintenance of the ozone standard in the Nashville ozone 
nonattainment area.

DATES: This final rule is effective October 11, 1996, unless adverse or 
critical comments are received by September 26, 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 TN-176-1-9641a and TN-177-1-9642a. 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, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555 extension 4208. Reference files TN-176-1-9641a and TN-177-
1-9642a.

SUPPLEMENTARY INFORMATION: On June 3, 1996, the Tennessee Department of 
Air Pollution Control (TDAPC) submitted a request to the EPA to 
incorporate revisions to section 1200-3-18-.01 ``Definitions'' into the 
Tennessee SIP. Paragraph 26 of this rule contains the definition of 
exempt compounds and was revised to correct typographical errors and 
add the recently exempted compounds acetone, parachlorobenzotrifluoride 
(PCBTF), and cyclic, branched or linear completely methylated siloxanes 
(VMS). Paragraph 87 of this rule contains the definition of volatile 
organic compounds and was also revised as described above.
    On June 4, 1996, the TDAPC submitted a new rule 1200-3-18-.06 
``Handling, Storage, Use, and Disposal of Volatile Organic Compounds 
(VOCs)'' to replace the current rule 1200-3-18-.06. The new rule was 
expanded to cover the use of VOCs as well as handling, storage and 
disposal.
    On June 3, 1996, the TDAPC submitted three new VOC rules; 1200-3-
18-.44 ``Surface Coating of Plastic Parts'', 1200-3-18-.45 ``Standards 
of Performance for Commercial Motor Vehicle and Mobile Equipment 
Refinishing Operations'', and 1200-3-18-.48 ``Volatile Organic Liquid 
Storage Tanks''. Rules 1200-3-18-.44 and 1200-3-18-.45 were submitted 
to obtain VOC reductions for which credit was taken in the ozone 
redesignation maintenance plan for the Nashville ozone nonattainment 
area. Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'' applies 
to sources with potential emissions greater than 25 tons per year (tpy) 
in the Nashville ozone nonattainment area. Rule 1200-3-18-.45 
``Standards of Performance for Commercial Motor Vehicle and Mobile 
Equipment Refinishing Operations'' applies to sources whose potential 
emissions are greater than 15 pounds per day. Rule 1200-3-18-.48 
``Volatile Organic Liquid Storage Tanks'' applies to sources with 
potential emissions greater than 100 tpy.

Final Action

    The EPA is approving these revisions to the Tennessee SIP as 
measures for maintenance of the ozone standard in the Nashville 
nonattainment area. This rulemaking is being published 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 October 11, 
1996, unless, by September 26, 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 [Insert date 45 days from 
date of publication].
    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

[[Page 43973]]

Court of Appeals for the appropriate circuit by October 11, 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.
    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 the 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

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

    Dated: July 22, 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 52.2220 is amended by adding (c)(143) to read as 
follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (143) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' 
were submitted by the Tennessee Department of Air Pollution Control 
(TDAPC) to EPA on June 3, 1996, and June 4, 1996.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.01, paragraphs (26) and (87), effective on 
August 10, 1996.
    (B) Rule 1200-3-18-.06 ``Handling, Storage, Use, and Disposal of 
Volatile Organic Compounds (VOCs)'', effective on August 11, 1996.
    (C) Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'', 
effective on August 10, 1996.
    (D) Rule 1200-3-18-.45 ``Standards of Performance for Commercial 
Motor Vehicle and Mobile Equipment Refinishing Operations'', effective 
on January 17, 1996.
    (E) Rule 1200-3-18-.48 ``Volatile Organic Liquid Storage Tanks'', 
effective on August 2, 1996.
    (ii) Other material. None.

[FR Doc. 96-21694 Filed 8-26-96; 8:45 am]
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