[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Rules and Regulations]
[Pages 38580-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18043]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-207-1-9924a; TN-214-1-9925a; FRL-6379-4]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Tennessee SIP Regarding National Emission 
Standards for Hazardous Air Pollutants and Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is approving revisions to Rule 1200-3-2-.01 and Rule 
1200-3-9-.01 of the Tennessee State Implementation Plan (SIP) that were 
submitted to EPA by the Tennessee Department of Air Pollution Control 
(TDAPC), on June 16, 1998 and February 11, 1999. Rule 1200-3-2-.01 is 
revised to include a definition for national emission standards for 
hazardous air pollutants (NESHAPs). Rule 1200-3-9-.01 is revised to 
incorporate by reference the definition for volatile organic compounds 
(VOCs) contained in 40 CFR part 51, subpart F.

DATES: This direct final rule is effective September 17, 1999 without 
further notice, unless EPA receives adverse comment by August 18, 1999. 
If adverse comment is received, EPA 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: All comments should be addressed to: Allison Humphris at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours:
    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 30303-8960. Allison Humphris, 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: Allison Humphris at 404/562-9030.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA is approving revisions to Rules 1200-3-2-.01 and 1200-3-
9-.01 of the Tennessee SIP. Rule 1200-3-2-.01 is amended to include a 
subparagraph establishing a definition for NESHAPs. Rule 1200-3-9-.01 
is revised to incorporate by reference an updated definition for VOCs 
contained in 40 CFR part 51, subpart F.

II. Analysis of State's Submittal

    Rule 1200-3-2-.01 is being amended to include the following 
definition for NESHAPs: ``standards for the emissions of hazardous air 
pollutants promulgated by the Administrator of the Environmental 
Protection Agency and published in the Federal Register.'' The purpose 
for this addition is to ensure that the Tennessee SIP includes an 
accurate description of these emission standards, which are applied to 
new major sources and modifications through implementation of the 
construction permitting programs that were approved into the SIP via 
Rule 1200-3-2.
    The definition for VOCs in Rule 1200-3-9-.01 is revised to be 
consistent with the definition for this term that was approved by EPA 
on October 8, 1996 (61 FR 52848). The revision adds HFC 43-10mee and 
HCFC 225ca and cb to the list of compounds excluded from the definition 
of VOCs on the basis that these compounds have negligible contribution 
to tropospheric ozone formation. The definition is revised for use in 
preparing SIPs to attain the National Ambient Air Quality Standard 
(NAAQS) for ozone under Title I of the Clean Air Act.

III. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with Clean Air Act and EPA requirements.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register

[[Page 38581]]

publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective September 17, 1999 without further 
notice unless the Agency receives adverse comments by August 18, 1999.
    If the EPA receives such comments, then EPA will publish a document 
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. 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 September 17, 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 Executive 
Order 12875 do not apply to this rule.

C. 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. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

D. 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, 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.

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.

[[Page 38582]]

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 September 17, 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, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: June 14, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

    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(c) is amended by revising the entries for 
Section 1200-3-2-.01 and Section 1200-3-9-.01 to read as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                    EPA Approved Tennessee Regulations for Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   EPA approval
        State citation                   Title/subject            Adoption date        date                       Federal Register notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.01.........  General Definitions..............  07/29/93       7/19/99.........  [64 FR 38582
 
                   *                  *                  *                  *                  *                  *                  *
Section 1200-3-9-.01.........  Construction Permits.............  01/26/99       7/19/99.........  [64 FR 38582
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 99-18043 Filed 7-16-99; 8:45 am]
BILLING CODE 6560-50-P