[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Rules and Regulations]
[Pages 40458-40460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN189-1-9730(b); TN194-1-9731(b); TN198-1-9732(b); FRL-5859-7]


Approval of Revisions to the Tennessee SIP Regarding Prevention 
of Significant Deterioration and Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving miscellaneous revisions to the Tennessee 
State Implementation Plan (SIP) regarding prevention of significant 
deterioration (PSD) and volatile organic compounds (VOC). The revisions 
to the PSD regulation add an additional supplement to the EPA 
``Guideline on Air Quality Models.'' The revisions to the VOC 
regulation make minor changes to the regulation for the manufacture of 
high-density polyethylene, polypropylene and polystyrene resins and to 
the regulation containing test methods and compliance procedures for 
VOC sources.

DATES: This final rule is effective September 29, 1997, unless adverse 
or critical comments are received by August 28, 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 files TN189-01-9730, TN194-01-9731, and TN198-
01-9732. 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.

FOR FURTHER INFORMATION CONTACT: William Denman at 404/562-9030.

SUPPLEMENTARY INFORMATION: On August 9, 1995, EPA published a notice in 
the Federal Register (60 FR 40465), that took final action on several 
additions and changes to the ``Guideline on Air Quality Models'' in the 
PSD rules. These revisions were designated as supplement C to the 
``Guideline on Air Quality Models.'' On February 27, 1997, Tennessee 
submitted to EPA a revision to Tennessee regulation 1200-3-9 
``Construction and Operating Permits'' in which Tennessee added 
supplement C to their already adopted by reference ``Guideline on Air 
Quality Models''. Supplement C incorporates improved algorithms for 
treatment of area sources and dry deposition in the Industrial Source 
Complex model, adopts a solar radiation/delta-T (SRDT) method for 
estimating atmospheric stability categories, and adopts a new screening 
approach for assessing annual NO2 impacts. It also adds SLAB 
and HGSYSTEM as alternative models.
    On May 8, 1997, Tennessee submitted to EPA a revision to the 
Tennessee regulation for the control of VOC

[[Page 40459]]

emissions from the manufacture of high-density polyethylene, 
polypropylene and polystyrene resins. This revision corrected a 
conversion factor for determining the mass rates of total VOC. The 
incorrect conversion factor of 2.95 x 10-9 was revised to be 
the correct factor of 2.595 x 10-9.
    On May 8, 1997, Tennessee also submitted to EPA a revision to the 
Tennessee regulation containing test methods and compliance procedures 
for determining the VOC content of coatings and inks. This revision 
provided clarification on which method should be used for various types 
of inks. The clarifying revision stated that Method 24A was for 
publication rotogravure inks and Method 24 was for all other inks and 
coatings.

Final Action

    The EPA is approving the submitted revisions into the Tennessee SIP 
as described in the Supplementary Information section. The EPA is 
publishing this action without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
September 29, 1997 unless, by August 28, 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 notice that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective September 29, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under section 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 
section 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 September 29, 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, Ozone, Reporting and recordkeeping 
requirements.

    Dated: July 3, 1997.
Michael V. Peyton,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401-7671q.

Subpart RR--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(158) to read 
as follows:


Sec. 52.2220  Identification of plan.

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[[Page 40460]]

    (c) * * *
    (158) Addition of supplement C to the ``Guideline on Air Quality 
Models'', correction of conversion factor in the manufacture of high-
density polyethylene, polypropylene and polystyrene resins, and 
clarification for the test method used for determining the VOC content 
of coatings and inks submitted by the Tennessee Department of 
Environment and Conservation on February 27, 1997, and May 8, 1997.
    (i) Incorporation by reference.
    (A) Tennessee regulation 1200-3-9-.01(1)(f) effective December 28, 
1996.
    (B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-
18-.81(2) (a) and (b) effective April 16, 1997.
    (ii) Other material. None.

[FR Doc. 97-19937 Filed 7-28-97; 8:45 am]
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