[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54053-54055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN -201-9828a; FRL-6169-6]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to the Nashville/Davidson County Portion of the 
Tennessee SIP Regarding Control of Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Nashville/Davidson County 
portion of Tennessee's State Implementation Plan (SIP) concerning 
regulatory revisions for control of volatile organic compounds. This 
regulatory revision to the Metropolitan Nashville and Davidson County, 
Tennessee's portion of the SIP establishes the emission standard for 
stationary sources of volatile organic compounds located in Davidson 
County, Tennessee. The revisions were submitted to EPA on July 23, 
1997, by the State of Tennessee through the Tennessee Department of Air 
Pollution Control (TDAPC).

DATES: This direct final rule is effective December 7, 1998 without 
further notice, unless EPA receives adverse comment by November 9, 
1998. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: You should address comments on this action to Gregory O. 
Crawford at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of documents related to this action are available for the 
public to review during normal business hours at the locations below. 
If you would like to review these documents, please make an appointment 
with the appropriate office at least 24 hours before the visiting day. 
Reference file TN201-01-xxxx. 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, Gregory O. Crawford, (404) 
562-9046.
    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. Metropolitan 
Government of Nashville and Davidson County, Metropolitan Health 
Department, 311-23rd Avenue, North, Nashville, Tennessee 37203, (615) 
340-5653.

FOR FURTHER INFORMATION CONTACT: Gregory O. Crawford at (404) 562-9046 
or E-mail ([email protected]).

SUPPLEMENTARY INFORMATION:

I. Background

    On November 10, 1994, EPA raised the issue that the exemption in 
Regulation No. 7, Section 7-16, ``Emission Standards for Surface 
Coating of Miscellaneous Metal Parts and Products,'' Subparagraph 
(c)(1), was inconsistent with EPA's Guidelines for ``Control of 
Volatile Organic Compounds Emissions from Stationary Sources, and 
therefore, EPA could not approve this provision.

II. Analysis of State's Submittal

    In an attempt to correct the deficiency, the State of Tennessee 
submitted revisions to EPA on July 23, 1997, to amend regulation No. 7, 
``Regulation for Control of Volatile Organic Compounds, Sections 7-16, 
Emission Standards for Surface Coating of Miscellaneous Metal Parts and 
Products'' of the Nashville/Davidson County portion of the Tennessee 
SIP (Nashville SIP).
    From the July 23, 1997, submittal EPA is approving rule revisions 
to section 7-16(a), 7-16c(11), 7-16(d), and 7-16(f). The revisions are 
consistent with EPA guidance and are therefore being approved. The 
revisions are as follows:
    Section 7-16(a) adds the definition of ``heavy-duty truck 
touchup.''
    Section 7-16(d)(6) is renumbered to (d)(7), and a new paragraph 
(d)(6) is added to establish the maximum volatile organic compound 
emission limits for heavy duty truck touchups. This limit is consistent 
with EPA guidelines.
    Section 7-16(c)(11) is deleted. The definition for heavy-duty truck 
touchup is now in section 7-16(a), and the new maximum volatile organic 
compound limit is in Section 7-16(d).
    Section 7-16(f) renumbers Paragraphs (f) and (g) to (g) and (h). It 
also adds a new paragraph (f) that gives the average VOC content limit 
for owners or operators of miscellaneous metal parts coating lines that 
apply multiple coatings during the same day.

III. Final Action

    EPA is approving the aforementioned changes to the SIP. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should relevant 
adverse comments be filed. This rule will be effective December 7, 1998 
without further notice unless the Agency receives relevant adverse 
comments by November 9, 1998.
    If the EPA receives such comments, then EPA will publish a document

[[Page 54054]]

withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Only parties interested in 
commenting should do so at this time. If no such comments are received, 
the public is advised that this rule will be effective on December 7, 
1998 and no further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, representatives of Indian tribal governments 
``to provide meaningful and timely input in the development of 
regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. To the 
extent that the area must adopt new regulations, based on its 
attainment status, EPA will review the effect of those actions on small 
entities at the time the State submits those regulations. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

E. Unfunded Mandates

    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.

F. Submission to Congress and the Comptroller General

    Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

G. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``'economically significant''' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involved decisions intended to mitigate environmental health or safety 
risks.

H. 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 December 7, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this 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 
an action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed redesignation 
rather than petition for judicial review, unless the objection arises 
after the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

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

    Dated: September 8, 1998.
A. Stanley Meiburg,
Acting Regional Administrator Region 4.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

[[Page 54055]]

PART 52--[AMENDED]

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

    Authority: 42.U.S.C. 7401 et seq.

Subpart RR--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(162) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (162) Revisions to the Nashville/Davidson County portion of the 
Tennessee State Implementation Plan submitted to EPA by the State of 
Tennessee on July 23, 1997, concerning regulatory revisions for control 
of volatile organic compounds.
    (i) Incorporation by reference. Regulation No.7, Section 7-16, 
effective July 9,1997.
    (ii) Other material. None.

[FR Doc. 98-26893 Filed 10-7-98; 8:45 am]
BILLING CODE 6560-50-P