[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70663-70664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33837]



[[Page 70663]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-197-1-9834a; FRL-6205-1]


Approval and Promulgation of Revisions to the Tennessee State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to Paragraph 1200-3-18-.83(1) of 
the Tennessee State Implementation Plan (SIP). The revisions address 
how to determine the efficiency of Volatile Organic Compound (VOC) 
capture systems.

DATES: This direct final rule is effective on February 22, 1999 without 
further notice, unless EPA receives adverse comment by January 21, 
1999. If EPA receives adverse comments, 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 Michele 
Notarianni at the EPA, Region 4 Air, Pesticides, and Toxics Management 
Division, 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 TN 197. The Region 4 office may have additional 
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, Pesticides, and 
Toxics Management Division, Air Planning Branch, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-3104. Michele Notarianni, (404) 562-9031.
    Tennessee Department of Environment and Conservation, Division of 
Air Pollution Control, L & C Annex, 9th Floor, 401 Church Street, 
Nashville, Tennessee 37243-1531. Phone number: (615) 532-0554.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni at (404) 562-9031.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving revisions to Paragraph 1200-3-18-.83(1) of the 
Tennessee SIP. These revisions are as follows.
     Change the primary reference source for capture efficiency 
test requirements and specifications to EPA's Capture Efficiency 
Testing Guidance dated January 9, 1995;
     Specify where to access EPA's guidance document; and
     Require EPA's approval for alternate methods or procedures 
other than those specified in EPA's guidance in addition to the 
approval of the Technical Secretary of Tennessee's Air Pollution 
Control Board.
    The State of Tennessee must make this rule change to gain approval 
of Tennessee's VOC regulations to meet requirements under Section 
182(b)(2) of the Clean Air Act. Section 182(b)(2) requires states to 
submit rule revisions requiring implementation of reasonably available 
control technology (RACT) for certain VOC sources. (These requirements 
are commonly referenced as ``VOC RACT Catch-Ups.'') The State of 
Tennessee submitted the revisions to its air pollution control 
regulations through the Tennessee Air Pollution Control Board on May 8, 
1997, after holding a public hearing on September 17, 1996, and 
securing Board approval.

II. Analysis of State's Submittal

    EPA is approving the State of Tennessee's rule revisions because 
the revisions correct the references to capture efficiency test 
requirements and specifications to meet the final EPA requirements, 
making these requirements fully approvable.

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 February 22, 
1999 without further notice unless the Agency receives relevant adverse 
comments by January 21, 1999.
    If the EPA receives such comments, then EPA will publish a notice 
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 February 22, 
1999 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 Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 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, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to 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 any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 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 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 E.O. 
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,

[[Page 70664]]

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 does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly 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, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to 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, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
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. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of 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).

F. 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 
annual 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 annual 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.

G. Submission to Congress and the Comptroller General

    The 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).

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 February 22, 1999. 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: November 3, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 et seq.

Subpart RR--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(163) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (163) Revisions to the Tennessee Air Pollution Control Regulations 
submitted on May 8, 1997.
    (i) Incorporation by reference.
    Paragraph (1) of Rule 1200-3-18-.83 TEST METHODS AND COMPLIANCE 
PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND 
MONITORING REQUIREMENTS effective on April 15, 1997.
    (ii) Other material. None.

[FR Doc. 98-33837 Filed 12-21-98; 8:45 am]
BILLING CODE 6560-50-P