Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Tennessee Chapter on Volatile Organic Compounds (VOC)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN 110-1-6172a; FRL-5143-9]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee Chapter on Volatile Organic

Compounds (VOC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is acting on revisions to the Tennessee

State Implementation Plan (SIP) which were submitted on May 18, 1993,

by Tennessee, through the Tennessee Department of Air Pollution Control

(TDAPC), and contained revisions to chapter 1200-3-18 ``Volatile

Organic Compounds (VOC).'' Due to the significance of the revisions,

this revised chapter was submitted to replace the current chapter 1200-

3-18. These revisions were made to satisfy the VOC Reasonably Available

Control Technology (RACT) ``Catch-Up'' requirements contained in the

amended Clean Air Act (CAA). EPA is granting conditional approval, full

approval or disapproval of the revisions as explained in detail in the

Supplementary Information section of this document.

DATES: This final rule will be effective April 28, 1995 unless adverse

or critical comments are received by March 29, 1995. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be addressed to: William Denman

Stationary Source Unit, 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

Copies of the material submitted by the State of Tennessee may be

examined during normal business hours at the following locations:

[[Page 10505]] 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 Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Division of Air Pollution Control, Tennessee Department of Environment

and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,

Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: William Denman, Stationary Source

Planning Unit, Regulatory Planning and Development Section, Air

Programs Branch, Air, Pesticides & Toxics Management Division,

Environmental Protection Agency Region 4, 345 Courtland Street, NE.,

Atlanta, Georgia 30365. The telephone number is (404) 347-3555 x4208.

Reference file TN110-1-6172.

SUPPLEMENTARY INFORMATION: On May 18, 1993, Tennessee submitted

revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' of their

SIP to meet the requirements of the 1990 amendments to the CAA. These

requirements are commonly referenced as the ``VOC RACT Catch-Ups.'' Due

to the significance of the revisions, this revised chapter was

submitted to replace the current chapter 1200-3-18 which had been

recently revised to meet the ``VOC RACT Fix-Up'' requirements and was

acted on by EPA by publishing a final rulemaking in the Federal

Register on April 18, 1994. (see 59 FR 18310) EPA is approving the

replacement of the previously federally approved chapter 1200-3-18

except for the following exceptions.

Tennessee failed to submit a rule for the VOC control of

perchloroethylene dry cleaners in the VOC RACT Catch-Up submittal of

May 18, 1993. However, a rule for the control of VOCs from

perchloroethylene dry cleaners was federally approved in 59 FR 18310 on

April 18, 1994. Therefore, the federally approved rule 1200-3-18-.28

``Perchloroethylene Dry Cleaning'' will remain in effect until

Tennessee submits a chapter for incorporation into their revised

chapter 1200-3-18. Tennessee currently has a rule which regulates toxic

emissions from perchloroethylene dry cleaners.

Otherwise, EPA is granting full approval of the submitted revisions

with the exception of section 1200-3-18-.24 ``Gasoline Dispensing

Facilities--Stage I and Stage II Vapor Recovery'' which will be acted

on in a separate document and the following exceptions which are being

granted conditional approval or are being disapproved. The approach

taken for each of the submitted revisions is described below.

Conditional Approvals

EPA is conditionally approving the following revisions to the

Tennessee SIP based upon Tennessee's commitment, in letters dated

October 7, 1994, and December 16, 1994. To make the necessary revisions

to correct the deficiencies identified below by January 1, 1996,

Tennessee held public hearings on its committed revisions on October

19, 1994, and November 21, 1994. At the time of this document, the

revisions committed to by Tennessee have been board approved. The

conditional approval approach has been chosen to allow Tennessee the

necessary time for the revisions to become State effective. If

Tennessee fails to meet its commitment on or before January 1, 1996,

the conditional approval will convert to a disapproval.

On January 15, 1993, in a letter from Patrick M. Tobin to Governor

Ned McWherter, EPA notified the State of Tennessee that EPA had made a

finding of failure to submit required programs for the nonattainment

area. The revised chapter 1200-3-18 ``Volatile Organic Compounds'' was

submitted on May 18, 1993, to satisfy the VOC RACT Catch-Up

requirement. The complete submittal stopped the sanctions clock which

was started on January 15, 1993, and this conditional approval of the

submittal will temporarily stop the Federal Implementation Plan (FIP)

clock which was also started on January 15, 1993. The FIP clock will

stop permanently if the State fulfills its commitment and the EPA takes

final action fully approving the plan. The clock will resume where it

stopped and a new sanctions clock will start if any of the following

occurs where the conditional approval converts to a disapproval. One,

if the State of Tennessee fails to submit anything to meet its

commitment, the clock will resume on the date the letter from the EPA

to the State finding that it had failed to meet its commitment and that

the conditional approval has now been converted to a disapproval. Two,

if the State of Tennessee submits an incomplete SIP submittal to meet

its commitment, the FIP clock will resume on the date that the EPA

sends a letter of incompleteness to the State. Three, if the State

submits a SIP submittal for which the EPA takes a final disapproval

action, the clock resumes on the effective date of the final action.

Additional information on conditional approvals and their effect on

sanctions and FIP clocks can be found in a memorandum entitled,

``Impact of Conditional Approvals on Sanction and Federal

Implementation Plan (FIP) Clocks'', dated July 14, 1993, from D. Kent

Berry, Acting Director, Air Quality Management Division (MD-15) to the

EPA Regional Air Directors.

Rule 1200-3-18-.01(1) ``Definitions'': The definition of ``volatile

organic compound'' lists perchloroethylene as one of the exempt

compounds which have been determined to have negligible photochemical

reactivity. While EPA has proposed to revise the federal definition of

VOC to exclude perchloroethylene, 57 FR 48490 (October 26, 1992), EPA

has not taken final action to do so. Therefore, the State must continue

to regulate perchloroethylene as a VOC until EPA takes final action to

exclude perchloroethylene as a VOC. EPA is conditionally approving the

VOC definition due to the commitment letter referenced above. If

Tennessee fails to delete perchloroethylene from the list of exempt

compounds and EPA has not approved it as an exempt compound after the

commitment date, EPA will disapprove the definition of VOC and the

previously federally approved definition of VOC will become effective.

Rule 1200-3-18-.02 ``General Provisions and Applicability'':

Tennessee's emission statement, given in paragraph (8), does not fully

meet the requirements of section 182(a)(3)(B) of the CAA. If either VOC

or NOX is emitted at or above the minimum required reporting

level, the other pollutant must be included in the emissions statement

even if it is emitted at levels below the specified cutoffs. Also, in

the last sentence of paragraph (8), it is required that the owner or

operator certify the reports. The EPA requirement is that an

``official'' of the company certify the reports and since not all

operators are officials, Tennessee must change ``owner or operator'' to

``official.'' EPA is conditionally approving the emissions statement

due to the commitment letter referenced above. If Tennessee fails to

meet its commitment on or before the date in its commitment letter, the

conditional approval will convert to a disapproval.

Rule 1200-3-18-.06 ``Handling, Storage, and Disposal of Volatile

Organic Compounds (VOC's)'': The phrase ``minimum reasonably

attainable'' used in paragraph (1) must be defined in the general

definitions section. EPA is conditionally approving this revision due

to the commitment letter referenced above. If Tennessee fails to meet

its commitment on or before the date in its commitment letter,

[[Page 10506]] the conditional approval will convert to a disapproval.

Rule 1200-3-18-.33 ``Manufacture of Synthesized Pharmaceutical

Products'': This rule was the subject of a public hearing on March 18,

1993, and was amended by the State after being officially submitted to

EPA. The amended rule was to replace the rule 1200-3-18-.33, officially

submitted on May 18, 1993, in its entirety. To date, EPA has not

received the amended rule 1200-3-18-.33. EPA is granting conditional

approval of rule 1200-3-18-.33 submitted on March 18, 1993, due to the

commitment letter referenced above. If Tennessee fails to meet its

commitment on or before the date in its commitment letter, the

conditional approval will convert to a disapproval.

Rule 1200-3-18-.38 ``Leaks from Synthetic Organic Chemical,

Polymer, and Resin Manufacturing Equipment'': In paragraph (2) of this

rule, the definition of ``(In) light liquid service,'' sets the level

of the concentration of pure component at 20%. This level must be set

at 10% to be consistent with the CTG. EPA is granting conditional

approval of this rule based on Tennessee's commitment to correct this

deficiency. If Tennessee fails to meet its commitment on or before the

date in its commitment letter, the conditional approval will convert to

a disapproval.

Rule 1200-3-18-.39 ``Manufacture of High-Density Polyethylene,

Polypropylene, and Polystyrene Resins'': The conversion factor K1

in the equation in subparagraph (5)(a)(2) is not correct in the form

expressed in English units. The correct conversion factor is

2.595 x 10-9 lb-mole/dscf. EPA is conditionally approving this

revision due to the commitment letter referenced above which states

that Tennessee will correct the deficiency and will use the correct

conversion factor in the interim. If Tennessee fails to meet its

commitment on or before the date in its commitment letter, the

conditional approval will convert to a disapproval.

Rule 1200-3-18-.86 ``Performance Specifications for Continuous

Emission Monitoring of Total Hydrocarbons'': The conversion factor of

8.638 x 10-4 that was included in the equation in subparagraph

(11)(c) is incorrect and will result in a low bias in total hydrocarbon

emission rates. If the stack flow rate is expressed in cubic feet per

second, the conversion factor K1 shall be 5.183 x 10-2. EPA

is conditionally approving this revision due to the commitment letter

referenced above which states that Tennessee will correct the

deficiency. If Tennessee fails to meet its commitment on or before the

date in its commitment letter, the conditional approval will convert to

a disapproval.

Disapprovals

EPA is disapproving the following revisions to chapter 1200-3-18 of

the Tennessee SIP. Section 110(l) of the CAA provides that EPA shall

not approve a SIP revision if the revision interferes with any

applicable requirements concerning attainment and reasonable further

progress, or any other applicable requirements of the CAA. Section

110(k) of the CAA addresses the situation in which an entire submittal,

or a separable portion of a submittal, meets all applicable

requirements of the CAA. In the case where a separable portion of the

submittal meets all of the applicable requirements, partial approval

may be used to approve that part of the submittal and disapprove the

remainder. Tennessee has begun rulemaking to correct these

deficiencies. In the meantime, the rules are disapproved as described

below.

Rule 1200-3-18-.03 ``Compliance Certification, Recordkeeping, and

Reporting Requirements for Coating and Printing Sources'': As stated in

comment #17 in a letter dated December 14, 1993, from EPA to Tennessee,

subparagraph (2)(b) must state that the alternate longer period be

approved by EPA in addition to the Technical Secretary. Since Tennessee

did not correct this deficiency, EPA is disapproving the proposed rule.

Therefore, the federally enforceable version of this rule will continue

to be the last federally approved rule which is 1200-3-18-.01(5) as

approved in 59 FR 18310 on April 18, 1994.

Rules 1200-3-18-.20 ``Coating of Miscellaneous Metal Parts''; 1200-

3-18-.79 ``Other Facilities that Emit Volatile Organic Compounds

(VOC)'': The exemption in subparagraphs 1200-3-18-.20(1)(b)(2)(vii) and

1200-3-18-.79(1)(d) is not consistent with EPA's guidance on final

repair (see Control of Volatile Organic Emissions from Stationary

Sources, Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,

Automobiles, and Light-Duty Trucks, EPA 450/2-77-008, May 1977), which

recommends a maximum VOC emission rate of 4.8 lbs/gal. Usage of 4.0

gal/day of air-drying materials, as specified in the State rule,

corresponds with a VOC emission rate of approximately 25 lbs/day, which

is more than five times EPA's recommended rate. Therefore, EPA is

disapproving subsections 1200-3-18-.20(1)(b)(2)(vii) and 1200-3-18-

.79(1)(d).

Approvals

Except as noted above, EPA is approving the following revisions to

Tennessee chapter 1200-3-18 ``Volatile Organic Compounds.''

1200-3-18-.01 Definitions: Tennessee consolidated definitions

previously contained throughout the chapter and arranged all

definitions in alphabetical order.

1200-3-18-.02 General Provisions and Applicability: This section

was revised by moving the compliance certification and recordkeeping

requirements to sections 1200-3-18-.03 and .04, adding additional

provisions consistent with the EPA's draft VOC Model Rule and adding

the emission statement for VOC's.

1200-3-18-.03 Compliance Certification, Recordkeeping, and

Reporting Requirements for Coating and Printing Sources and 1200-3-18-

.04 Compliance Certification, Recordkeeping, and Reporting Requirements

for Non-Coating and Non-Printing Sources: These sections were added to

describe in detail the compliance certification, recordkeeping and/or

reporting requirements that had previously been contained in General

Provisions and Applicability.

1200-3-18-.06 Handling, Storage, and Disposal of Volatile Organic

Compounds (VOC's): This section was added to the VOC Chapter to provide

a regulation for the handling, storage, and disposal of VOC's.

1200-3-18-.07 Source Specific Compliance Schedules: This section

was added to give provisions by which an owner or operator of an

existing source can petition for a source-specific compliance schedule.

1200-3-18-.08-.10 These sections were revised to read

``reserved.''

1200-3-18-.22 Bulk Gasoline Plants: This rule was amended to be

consistent with EPA's draft VOC Model Rule and expanded applicability

to the entire Nashville nonattainment area.

1200-3-18-.23 Bulk Gasoline Terminals: This rule was revised to be

consistent with EPA's draft VOC Model Rule which modified the test

methods and procedures and extended the applicability to all counties

in the Nashville nonattainment area.

1200-3-18-.25 Leaks from Gasoline Tank Trucks: This rule was

revised to be consistent with EPA's draft VOC Model Rule which extended

the applicability from trucks loaded or unloaded in Davidson and Shelby

County to any gasoline truck equipped for gasoline vapor collection.

1200-3-18-.26 Petroleum Refinery Sources & 1200-3-18-.27 Leaks

from [[Page 10507]] Petroleum Refinery Equipment: These rules were

revised to be consistent with EPA's draft VOC Model Rule which

clarified the applicability.

1200-3-18-.28 Petroleum Liquid Storage in External Floating Roof

Tanks & 1200-3-18-.29 Petroleum Liquid Storage in Fixed Roof Tanks:

These rules were revised to be consistent with EPA's draft VOC Model

Rule which clarified the recordkeeping requirements.

1200-3-18-.31 Solvent Metal Cleaning: This rule was revised to be

consistent with EPA's draft VOC Model Rule which lowered the

applicability threshold and clarified the compliance requirements.

1200-3-18-.32 Cutback and Emulsified Asphalt: This rule was

revised to eliminate any exemptions to this rule.

1200-3-18-.35 Graphic Arts Systems: This rule was revised to

include weighted average limitations and to clarify recordkeeping and

reporting requirements.

1200-3-18-.79 Other Facilities that Emit Volatile Organic

Compounds (VOC): This rule applies to all VOC sources in the Nashville

nonattainment that have the potential to emit 100 tons or more per

year.

The following rules were added to the VOC chapter to provide

regulations for additional source categories.

1200-3-18-.11 Automobile and Light-Duty Truck Coating Operations

1200-3-18-.30 Leaks from Natural Gas/Gasoline Processing Equipment

1200-3-18-.34 Pneumatic Rubber Tire Manufacturing

1200-3-18-.36 Petroleum Solvent Dry Cleaning

1200-3-18-.38 Leaks from Synthetic Organic Chemical, Polymer, and

Resin Manufacturing Equipment

1200-3-18-.39 Manufacture of High-Density Polyethylene,

Polypropylene, and Polystyrene Resins

1200-3-18-.40 Air Oxidation Processes in the Synthetic Organic

Chemical Manufacturing Industry

1200-3-18-.86 Performance Specifications for Continuous Emission

Monitoring of Total Hydrocarbons

1200-3-18-.87 Quality Control Procedures for Continuous Emission

Monitoring Systems (CEMS)

The following rules were revised consistent with the EPA's draft

VOC Model Rule. The applicability thresholds were changed from sources

having the potential to emit 25 tons per year or greater in Davidson,

Hamilton, and Shelby Counties, and 100 tons per year or greater in

other counties to those whose maximum theoretical emissions of 10 tons

per year or greater in the five-county Nashville nonattainment area, 25

tons per year or above in Hamilton or Shelby County and 100 tons per

year or greater in all other counties.

1200-3-18-.12 Can Coating

1200-3-18-.13 Coil Coating

1200-3-18-.14 Paper and Related Coating

1200-3-18-.15 Fabric Coating

1200-3-18-.16 Vinyl Coating

1200-3-18-.17 Coating of Metal Furniture

1200-3-18-.18 Coating of Large Appliances

1200-3-18-.19 Coating of Magnet Wire

1200-3-18-.20 Coating of Miscellaneous Metal Parts

1200-3-18-.21 Coating of Flat Wood Paneling

Sections 1200-3-18-.05, 1200-31-18-.37, 1200-3-18-.41 through .78

and 1200-3-18-.88 through .99 are reserved.

The following rules were added to provide for test methods and

compliance procedures.

1200-3-18-.80 Test Methods and Compliance Procedures: General

Provisions

1200-3-18-.81 Test Methods and Compliance Procedures: Determining

the VOC Content of Coatings and Inks

1200-3-18-.82 Test Methods and Compliance Procedures: Alternative

Compliance Methods for Surface Coating.

1200-3-18-.83 Test Methods and Compliance Procedures: Emissions

Capture and Destruction or Removal Efficiency and Monitoring

Requirements

1200-3-18-.84 Test Methods and Compliance Procedures: Determining

the Destruction or Removal Efficiency of a Control Device

1200-3-18-.85 Test Methods and Compliance Procedures: Leak

Detection Methods for Volatile Organic Compounds (VOC)

Final Action

EPA is approving the submitted revisions to the Tennessee SIP with

the exception of those rules discussed in the Supplementary section of

the notice which are either conditionally approved or disapproved. The

revised chapter 1200-3-18 ``Volatile Organic Compounds'' provides

essentially the same requirements as the previous chapter 1200-3-18

with some sections being more stringent as described above. The EPA is

publishing this action 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 28, 1995, unless, by March 29, 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 28, 1995.

Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by April 28,

1995. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)

The OMB has exempted these actions from review under Executive

Order 12866.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

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 not-for-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 [[Page 10508]] 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).

Conditional approvals of SIP submittals 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.

If the conditional approval is converted to a disapproval under

section 110(k), based on the State's failure to meet the commitment, it

will not affect any existing state requirements applicable to small

entities. Federal disapproval of the state submittal does not affect

its state-enforceability. Moreover, EPA's disapproval of the submittal

does not impose a new Federal requirement. Therefore, EPA certifies

that this disapproval action does not have a significant impact on a

substantial number of small entities because it does not remove

existing state requirements nor does it substitute a new Federal

requirement.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: January 9, 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 52.2219 is revised to read as follows:

Sec. 52.2219 Identification of plan--conditional approval.

(a) EPA is conditionally approving the following revisions to the

Tennessee SIP contingent on the State of Tennessee meeting the schedule

to correct deficiencies associated with the following rules which was

committed to in letters dated October 7, 1994, and December 16, 1994,

from the State of Tennessee to EPA Region IV.

(1) Rule 1200-3-18-.01 Definitions: Subparagraph (1), the

definition of ``volatile organic compound,'' effective April 22,

1993.

(2) Rule 1200-3-18-.02 General Provisions and Applicability:

Paragraph (8) effective April 22, 1993.

(3) Rule 1200-3-18-.06 Handling, Storage and Disposal of

Volatile Organic Compounds (VOC's): Paragraph (1) effective April

22, 1993.

(4) Rule 1200-3-18-.39 Manufacture of High-Density

Polyethylene, Polypropylene, and Polystyrene Resins: Subparagraph

(5)(a)(2) effective April 22, 1993.

(5) Rule 1200-3-18-.86 Performance Specifications for

Continuous Emission Monitoring of Total Hydrocarbons: Subparagraph

(11)(c) effective April 22, 1993.

(b) [Reserved]

(c) [Reserved]

3. Section 52.2220 is amended by adding paragraph (c)(123) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(123) A revised chapter 1200-3-18 ``Volatile Organic Compounds''

was submitted by the Tennessee Department of Air Pollution Control

(TDAPC) to EPA on May 18, 1993, to replace the current chapter 1200-3-

18 in the Tennessee SIP. This chapter had been revised to meet the

requirements of the 1990 Clean Air Act Amendments commonly referred to

as the ``VOC RACT Catch-Up'' requirements. Rule 1200-3-18-.28

``Perchloroethylene Dry Cleaners'' which was federally approved in 59

FR 18310 on April 18, 1994, will remain effective.

(i) Incorporation by reference.

(A) Revisions to the State of Tennessee regulations which were

effective on April 22, 1993.

(1) Chapter 1200-3-18 ``Volatile Organic Compounds,'' except for

subchapter 1200-3-18-.24, subparagraph 1200-3-18-.03 (2)(b),

subparagraph 1200-3-18-.20 (1)(b)(2)(vii), and subparagraphs 1200-3-18-

.79 (1)(a)(3), (1)(c), and (1)(d).

(ii) Other material. None.

* * * * *

4. Section 52.2225 is amended by revising paragraph (b) to read as

follows:

Sec. 52.2225 VOC rule deficiency correction.

* * * * *

(b) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds''

were submitted by Tennessee on May 18, 1993, to meet the requirements

added by the 1990 Clean Air Act Amendments (CAAA) commonly referred to

as the ``VOC RACT Catch-up `` requirements. The following deficiencies

remain in Tennessee chapter 1200-3-18 and must be corrected.

(1) Rule 1200-3-18-.01 (1): The definition of ``volatile organic

compound'' must be revised to delete perchloroethylene from the list

of compounds that have negligible photochemical reactivity.

(2) Rule 1200-3-18-.02 (8): Tennessee must revise this paragraph

to provide that an official of the company certify the reports

instead of the owner or operator. This paragraph must also be

amended to require NOX emissions to be reported.

(3) Rule 1200-3-18-.06 (1): The term ``minimum reasonably

attainable'' must be explained or defined.

(4) Rule 1200-3-18-.33: This rule for the manufacture of

synthesized pharmaceutical products has been amended by the State

since the official submittal. The State of Tennessee has committed

to submit the revised rule to EPA by January 1, 1996.

(5) Rule 1200-3-18-.38: This rule for leaks from synthetic

organic chemical, polymer, and resin manufacturing equipment sets

the level of concentration of pure component at 20%. This level must

be changed to 10%.

(6) Rules 1200-3-18-.39 (5)(a)(2) and 1200-3-18-.86 (11)(c): The

conversion factors must be corrected.

* * * * *

[FR Doc. 95-4539 Filed 2-24-95; 8:45 am]

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