[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59625-59629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27195]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-158-2-9942(a); TN-211-1-9943(a); TN-215-1-9944(a); TN-221-1-
9945(a); FRL-6452-8]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to the Knox County Portion of the Tennessee SIP 
Regarding Use of LAER for Major Modifications and Revisions to the 
Tennessee SIP Regarding the Coating of Miscellaneous Metal Parts

AGENCY: Environmental Protection Agency (EPA).


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ACTION: Direct final rule.

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SUMMARY: The EPA is acting on revisions to Section 46.2 and 46.3.A. of 
the Knox County portion of the Tennessee State Implementation Plan 
(SIP) which were submitted by the Tennessee Department of Air Pollution 
Control (TDAPC), on May 23, 1995, and November 13, 1998, for purposes 
of revising the definition for Volatile Organic Compounds (VOC) and 
requiring the use of Lowest Achievable Emission Rate (LAER) for major 
modifications to existing sources of VOC. The EPA is also approving 
revisions to the Tennessee SIP which were submitted by TDAPC on 
February 12, 1999, and May 17, 1999, for purposes of revising Rule 
1200-3-18-.20 (Coating of Miscellaneous Metal Parts) to include a 
standard for the touch-up of heavy-duty trucks and revise the 
definition of ``high performance architectural coating.''

DATES: This direct final rule is effective January 3, 2000 without 
further notice, unless EPA receives adverse comment by December 3, 
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
Knox County Department of Air Quality Management, City-County Building, 
Room 339, 400 West Main Street, Knoxville, Tennessee, 37902-2405. 423/
215-2488

FOR FURTHER INFORMATION CONTACT: Allison Humphris at 404/562-9030.

SUPPLEMENTARY INFORMATION:

I. Background

A. Knox County SIP Revisions

    The EPA is approving the most recently received revisions to 
Section 46.2 (Definitions) and Section 46.3 (Regulation of Volatile 
Organic Compounds/Standards for New Sources) of the Knox County Portion 
of the Tennessee SIP, which were submitted by TDAPC on November 13, 
1998. Section 46.2.A.34 is being revised to incorporate by reference 
the definition for VOC contained in 40 CFR Part 51 Subpart F. The 
existing paragraph A of Section 46.3 requires all new major VOC sources 
and all modifications to existing major VOC sources to use LAER. On May 
23, 1995, TDAPC submitted a revision to this paragraph that allowed 
director's discretion in determining whether or not to apply LAER to 
modifications to existing major VOC sources. On November 13, 1998, 
following EPA notification that this revision was unapprovable, TDAPC 
submitted replacement language for Section 46.3.A that requires use of 
LAER for all new VOC sources and all major modifications to existing 
VOC sources. EPA is taking action on both submittals by approving the 
most recently submitted revision.

B. Tennessee SIP Revisions

    The EPA is also approving revisions to Rule 1200-3-18-.20 (Coating 
of Miscellaneous Metal Parts) of the Tennessee SIP which were submitted 
on February 12, 1999, and May 17, 1999. The February 12, 1999, 
submittal amends Rule 1200-3-18-.20(2) and (3)(b) to include a 
definition and an emission limit for ``heavy-duty truck touch-up.'' The 
May 17, 1999, submittal revises the definition for ``High Performance 
Architectural Coating'' contained in Rule 1200-3-18-.20(2). The 
revisions also include appropriate renumbering of the definitions 
section of the rule.

II. Analysis of State's Submittal

A. Knox County SIP Revisions

    Section 46.2.A.34 is amended to revise the definition for VOC by 
exempting 16 compounds (per 62 FR 44900) and methyl acetate (per 63 FR 
17331) from regulation as VOC due to EPA's determination that they do 
not contribute significantly to ozone formation. Section 46.3.A is 
being revised to ensure that the Knox County Portion of the Tennessee 
SIP contains requirements for applying LAER to VOC sources that: (i) 
Are at least as stringent as the existing local SIP requirements, (ii) 
will help to ensure Knox County's maintenance of the National Ambient 
Air Quality Standard (NAAQS) for ozone, and (iii) are consistent with 
Clean Air Act (CAA) requirements. The language being approved by this 
notice is as stringent as existing local SIP requirements, since it 
will require use of LAER for all major modifications, instead of 
allowing director's discretion to determine the appropriate controls. 
The language is also consistent with Section 173(a)(2) of the CAA and 
Chapter 1200-3-9-.01(5)(b)2.(iii) of the Tennessee SIP, both of which 
specify that new or modified major stationary sources located in a 
nonattainment area must comply with LAER in order to be issued 
construction or operating permits. Knox County is currently a 
maintenance area for the one-hour ozone NAAQS. However, Section 46 was 
contained in the SIP while the county was designated nonattainment for 
ozone. Implementation of Section 46 requirements was therefore critical 
to Knox County's attainment of the ozone NAAQS in 1991, as explained in 
EPA's September 27, 1993 redesignation notice (58FR50271).

B. Tennessee SIP Revisions

    Several changes and additions to Rule 1200-3-18-.20 are being 
approved by this notice. The first revision, submitted February 12, 
1999, establishes an emission limit of 4.8 pounds per gallon for 
``heavy-duty truck touch-up'' that satisfies Reasonably Available 
Control Technology (RACT) requirements. As noted in August 15, 1996, 
correspondence from EPA to Tennessee, this limit is consistent with 
EPA's guidance on final repair, as specified in the Control Technology 
Guideline (CTG) document: Control of Volatile Organic Emissions from 
Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils, 
Paper, Fabrics, Automobiles and Light-Duty Trucks (May 1977). This 
submittal also addresses EPA's disapproval (60FR10504) of a previous 
revision of this chapter that included a less stringent emission limit 
for ``heavy-duty truck touch-up.'' This disapproval was part of an 
action in which EPA approved the majority of SIP revisions submitted by 
Tennessee on May 18, 1993, to satisfy RACT ``Catch Up'' requirements 
contained in the amended CAA.
    The second revision, submitted May 17, 1999, revises the definition 
for ``High Performance Architectural Coating'' by deleting language 
that limits the applicability of this standard to a specific county. 
Upon EPA approval of this revision, the emission limit of 6.2 pounds 
per gallon for this coating type,

[[Page 59627]]

as provided in 1200-3-18-.20(3), will become applicable to all 
Tennessee counties. This limit is consistent with the National Volatile 
Organic Compound Emission Standards for Architectural Coatings--Final 
Rule (63 FR 48848), which specifies a maximum allowable VOC content of 
6.7 pounds per gallon for extreme high durability coatings.

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 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 January 3, 2000 
without further notice unless the Agency receives adverse comments by 
December 3, 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 January 3, 2000 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 Orders on Federalism

    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.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),] 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612 [52 FR 41685 (October 30, 1987)] on federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612. 
The rule affects only one State, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

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, 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 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, E.O. 13084 requires EPA to develop an effective 
process permitting elected 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 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).

[[Page 59628]]

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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 January 3, 2000. 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, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: September 23, 1999.
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 52.2239(c), is amended by adding paragraph (c)(168) to 
read as follows:


Sec. 52.2239  Original identification of plan section.

* * * * *
    (c) * * *
    (168) Revisions to the Knox County portion of the Tennessee state 
implementation plan submitted to EPA by the State of Tennessee on 
November 13, 1998, concerning VOC and use of LAER for major 
modifications to existing sources were approved.
    (i) Incorporation by reference.
    (A) Section 46.2.A.34 of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds/Definitions'' effective 
November 10, 1998.
    (B) Section 46.3.A of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds/Standards for New Sources'' 
effective November 10, 1998.
    (ii) Other material. None.
    3. Section 52.2220(c) is amended by revising the entry for Section 
1200-3-18-.20 to read as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *

                                EPA Approved Tennessee Regulations for Tennessee
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                                                           Adoption                           Federal Register
          State citation               Title/subject         date       EPA approval date          notice
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Chapter 1200-3-18................  Volatile Organic
                                    Compounds.
 
*                  *                  *                  *                  *                  *
                                                        *
Section 1200-3-18-.20............  Coating of               01/26/99  November 3, 1999....  [Insert citation of
                                    Miscellaneous Metal                                      this Federal
                                    Parts.                                                   Register Notice
                                                                                             when published]
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 99-27195 Filed 11-2-99; 8:45 am]
BILLING CODE 6560-50-P