Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to Tennessee Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-118-1-6083a; TN-101-1-5718a; TN-110-2-6569a; FRL-5146-1]

Approval and Promulgation of Implementation Plans; Tennessee:

Approval of Revisions to Tennessee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Tennessee State

Implementation Plan (SIP) for ozone. These revisions were submitted to

EPA through the Tennessee Department of Environment and Conservation

(TDEC) on November 5, 1992, May 18, 1993, and July 6, 1993, for the

Nashville nonattainment area and revise regulations for Stage I vapor

recovery (Stage I) in the Tennessee SIP and add regulations pertaining

to Stage II vapor recovery (Stage II). These revisions regulate

gasoline dispensing stations in Davidson, Rutherford, Sumner,

Williamson, and Wilson counties. These regulations have been submitted

by the TDEC to satisfy the requirement of section 182(b)(3) of the 1990

Clean Air Act, which requires all ozone nonattainment areas classified

as moderate or above to require owners and operators of gasoline

dispensing facilities to install and operate Stage II vapor recovery

systems. The revisions also make minor changes to the Nashville-

Davidson County Rules regulating definitions and recordkeeping. The

TDEC has also submitted this plan as an integral part of the program to

achieve and maintain the National Ambient Air Quality Standards (NAAQS)

for ozone. These regulations meet all of EPA's requirements and

therefore EPA is approving this SIP revision.

DATES: This final rule will be effective April 10, 1995 unless adverse

or critical comments are received by March 13, 1995. 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 Alan

W. Powell, at the EPA Regional Office listed.

Copies of the 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.

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Region 4 Air Programs Branch, Environmental Protection Agency345

Courtland Street, NE., Atlanta, Georgia 30365.

Tennessee Department of Environment and Conservation, L & C Annex,

9th floor, 401 Church Street, Nashville, Tennessee 37243.

Nashville-Davidson County Bureau of Environmental Health Services,

Metropolitan Health Department, 311-23rd Avenue, North, Nashville,

Tennessee 37203.

FOR FURTHER INFORMATION CONTACT: Alan W. Powell, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365. The phone number is

(404) 347-3555 ext.4209. Reference file TN-118-1-6083.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed

into law the Clean Air Act Amendments of 1990. The Clean Air Act as

amended in 1990 (CAA) includes new requirements for the improvement of

air quality in ozone nonattainment areas. Under section 181(a) of the

CAA, nonattainment areas were categorized by the severity of the area's

ozone problem, and progressively more stringent control measures were

required for each category of higher ozone concentrations. The basis

for classifying an area in a specific category was determined by the

ambient air quality data obtained for the three year period 1987

through 1989. The CAA delineates in section 182 the SIP requirements

for ozone nonattainment areas based on their classifications. Section

182(b)(3) requires areas classified as moderate to implement Stage II

controls unless and until the EPA promulgates, On Board Vapor Recovery

(OBVR) regulations pursuant to section 202(a)(6) of the CAA. On January

22, 1993, the United States Court of Appeals for the District of

Columbia ruled that the EPA's previous decision not to require OBVR

controls be set aside and that OBVR regulations be promulgated pursuant

to section 202(a)(6) of the CAA. The EPA Administrator signed the OBVR

final rule on January 24, 1994.

Subsequently, the EPA determined under section 182(b)(3) that

moderate areas are not required to implement Stage II regulations.

However, Tennessee has indicated that a Stage II program is necessary

as a volatile organic compound (VOC) control measure to attain the

ozone NAAQS in Nashville, which has been classified as a moderate

nonattainment area for ozone. Stage II vapor recovery is included in

the State's 15% Plan required by section 182 (b)(1) of the CAA. Under

section 182 (b)(3), the EPA was required to issue guidance as to the

effectiveness of Stage II systems. In November 1991, the EPA issued

technical and enforcement guidance to meet this requirement. These two

documents are entitled ``Technical Guidance-Stage II Vapor Recovery

Systems for Control of Vehicle Refueling Emissions at Gasoline

Dispensing Facilities'' (EPA-450/3-91-022) and ``Enforcement Guidance

for Stage II Vehicle Refueling Control Programs.'' In addition, on

April 16, 1992, the EPA published the ``General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990'' (57

FR 13498). The guidance documents and the General Preamble discuss

Stage II statutory requirements and discuss what the EPA believes a

State submittal needs to include to meet those requirements. The

Tennessee regulations meet those requirements which are discussed

below.

General Vapor Recovery Requirements

The CAA specifies the time by which certain facilities must comply

with the State regulation. For facilities that are not owned or

operated by an Independent Small Business Marketer (ISBM), these times,

calculated from the time of State adoption of the regulation, are: (1)

6 months for facilities for which construction began after November 15,

1990, (2) 1 year for facilities that dispense greater than 100,000

gallons of gasoline per month, and (3) two years for all other

facilities. For ISBM's, section 324(a) of the Act provides that the

time periods may be: (1) 33 percent of the facilities owned by an ISBM

by the end of the first year after the regulations take effect, (2) 66

percent of such facilities by the end of the second year, and (3) 100

percent of such facilities after the third year. Both the

[[Page 7714]] State and County regulations are consistent with these

guidelines.

Consistent with EPA's guidance, both the State and County

regulations require that Stage II systems be tested and certified to

meet a 95 percent emission reduction efficiency by using a system

approved by the California Air Resources Board (CARB). The State and

County regulations require sources to verify proper installation and

function of Stage II equipment through use of a liquid blockage test

and a leak test prior to system operation and every five years or upon

major modification of a facility (i.e., 75 percent or more equipment

change). The State and County regulations have also established an

inspection program consistent with that described in EPA's guidance and

has established procedures for enforcing violations of the Stage II

requirements.

Rule 1200-3-18-.24, Gasoline Vapor Recovery, Stage II

The Nashville area is designated nonattainment for ozone and

classified as moderate. See 56 FR 56694 (November 6, 1991) and 57 FR

56762 (November 30, 1992), codified at 40 CFR 81.300 through 81.437.

Under section 182(b)(3) of the CAA, Tennessee was required to submit

Stage II vapor recovery rules for this area by November 15, 1992. On

May 18, 1993, and July 6, 1993, the Tennessee Department of Environment

and Conservation submitted to EPA Stage II vapor recovery rules that

became effective by the State on June 21, 1993. The Tennessee

regulation meets EPA requirements as discussed below. Additional

information is located in the Technical Support Document (TSD) which is

available for review in the EPA Region 4 office.

The provisions of section 182(b)(3) of the CAA include a

requirement for owners or operators of gasoline dispensing systems to

install and operate Stage II vapor recovery equipment at their

facilities. The CAA specifies that the state regulation must apply to

any facility that dispenses more that 10,000 gallons of gasoline per

month or, in the case of an ISBM, any facility that dispenses more than

50,000 gallons of gasoline per month. The definition of an ISBM is

included in the TSD and may also be found in section 324 of the CAA.

The State has adopted a general applicability requirement of 10,000 and

has provided an applicability requirement of 50,000 for ISBM's. The

State definition of ISBM is consistent with the definition in the CAA.

Regulation 7, Section 7-13, Gasoline Dispensing Facility, Stage I and

Stage II

On November 5, 1992, the Metropolitan Health Department of Davidson

County through the TDEC submitted to the EPA Stage II vapor recovery

rules that became State effective on September 15, 1992. The Stage I

portion of the regulation was unchanged. This regulation, which is

applicable for the Davidson County area, is more stringent than the

State regulation in that the Stage II portion of this regulation does

not provide separate applicability requirements for ISBM's. The TDEC

has provided the Metropolitan Health Department with a certificate of

exemption from enforcement of the State rule. As a consequence, the

Davidson County area will not be subject to the State rule, but rather

will be subject to enforcement from the rule submitted by the

Metropolitan Health Department.

Regulation 7, Section 7-1, Definitions

Paragraph 11, the definition of volatile organic compounds (VOC),

was amended for clarity.

Regulation 7, Section 7-25, Record Keeping and Recording Requirements

Subsection (b) was amended to add a general three year record

retention requirement.

Final Action

EPA is approving the aforementioned amendments to the Tennessee SIP

because they meet all requirements of the CAA. This action is being

published 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 April 10,

1995 unless, by March 13, 1995, 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 document that will

withdraw the final action. All public comments received will then 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 April 10, 1995.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a 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.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions from the requirements of

section 3 of Executive Order 12291 for 2 years. The EPA has submitted a

request for a permanent waiver for Table 2 and Table 3 SIP revisions.

The OMB has agreed to continue the waiver until such time as it rules

on EPA's request. This request continues in effect under Executive

Order 12866 which superseded Executive Order 12291 on September 30,

1993.

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 non-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 CAA

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, I certify 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 regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

[[Page 7715]] List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: January 6, 1995.

Patrick M. Tobin,

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) (116) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(116) The Tennessee Department of Environment and Conservation

submitted a SIP revision that amended Rule 1200-3-18 which was

submitted to EPA on May 18, 1993. These amendments add Stage II

provisions to this rule.

(i) Incorporation by reference.

(A) Rule 1200-3-18-.24 which became State-effective June 21, 1993.

(B) Revisions to the Davidson County portion of the Tennessee SIP.

Rule 7, Section 7-1 (11), Rule 7, Section 7-13, Rule 7, Section 7-25(b)

which became state effective on November 4, 1992.

(ii) Other material. None.

* * * * *

[FR Doc. 95-3211 Filed 2-8-95; 8:45 am]

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