[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Rules and Regulations]
[Pages 18046-18047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9506]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-176-2-9708a; FRL-5806-7]


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), on June 3, 1996. The submittal contains revisions to the VOC 
definition in the construction permits chapter, amends the stage II 
vapor recovery portion of the VOC chapter, and revises a conversion 
factor contained in the performance standards for continuous emissions 
monitoring chapter.

DATES: This final rule is effective June 13, 1997 unless adverse or 
critical comments are received by May 14, 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 
William Denman 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. Reference file TN176-02-9708. 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, William Denman, 404/562-
9030.
    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 404/562-9030.

SUPPLEMENTARY INFORMATION: On June 3, 1996, the Tennessee Department of 
Air Pollution Control (TDAPC) submitted a request to the EPA to 
incorporate revisions to chapters 1200-3-9 ``Construction and Operating 
Permits'' and 1200-3-18 ``Volatile Organic Compounds.'' The revisions 
to chapter 1200-3-9 amended the definition for volatile organic 
compounds in paragraph 1200-3-9-.01(4)(b)(29). The revision added 
acetone, parachlorobenzotrifluoride (PCBTF), and cyclic, branched, or 
linear completely methylated siloxanes (VMS) to its list of VOCs which 
have been determined to have negligible photochemical reactivity. The 
list of exempt compounds is contained in subparagraph 1200-3-
9-.01(4)(b)(29)(I). The compounds PCBTF and VMS were added to the list 
of exempt VOC's on October 5, 1994, (59 FR 50693) and acetone was added 
to the list of exempt VOC's on June 16, 1995, (60 FR 31633). In 
addition, compounds CFC-113, HCFC-22, and HFC-23 were amended to be 
consistent with the federal definition.
    The revisions to chapter 1200-3-18 amended sections 1200-3-18-.24 
``Gasoline Dispensing Facilities--Stage I and Stage II Vapor Recovery'' 
and 1200-3-18.86 ``Performance Specifications for Continuous Emissions 
Monitoring of Total Hydrocarbons.''
    1200-3-18-.24: The revisions to 1200-3-18-.24(1)(d) added the 
dispensing of gasoline for only refueling of aircraft or marine vessels 
as an activity exempt from the requirements of 1200-3-18-.24(3)(c). 
This provision requires a vapor recovery system, certified by the 
California Air Resources Board, to be installed and operated to recover 
gasoline vapors. The revisions to 1200-3-18-.24(3)(c)(2)(I) were made 
to be consistent with EPA guidance to prevent the use of a dual-hose 
Stage II system at automobile assembly plants in lieu of coaxial hoses.
    1200-3-18-.86: The revision to 1200-3-18-.86(11)(c) was made to 
correct the conversion factor which accounts for the conversion of 
units when calculating the total hydrocarbon concentration levels for 
the initial compliance certification. The correct conversion factor is 
5.183  x  10-2.

Final Action

    The EPA is approving the aforementioned revisions because they are 
consistent with federal requirements. 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 
June 13, 1997 unless, by May 14, 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 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 June 13, 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.

I. Administrative Requirements

A. Executive Order 12866

    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

[[Page 18047]]

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.

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 
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).

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 June 13, 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, Ozone.

    Dated: March 25, 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


Sec. 52.2219  [Removed and reserved]

    2. Section 52.2219 is removed and reserved.
    3. Section 52.2220 is amended by adding paragraph (c)(150) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (150) Revisions to chapters 1200-3-9 ``Construction and Operating 
Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted 
by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on 
June 3, 1996.
    (i) Incorporation by reference.
    (A) State of Tennessee regulation 1200-3-9 ``Construction and 
Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on 
August 14, 1996.
    (B) State of Tennessee regulation 1200-3-18 ``Volatile Organic 
Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i) 
and 1200-3-18-.86(11)(c) effective August 10, 1996.
    (ii) Other material. None.

[FR Doc. 97-9506 Filed 4-11-97; 8:45 am]
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