Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Tennessee SIP Regarding Construction Permits and Volatile Organic Compounds

[[Page 37387]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-151-7017a; TN-153-7018a; TN-161-9621a; TN-162-9622a; TN-164-9626a;

TN-168-9628a; TN-169-9629a; FRL-5533-5]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee SIP Regarding Construction

Permits and Volatile Organic Compounds

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 to EPA by

Tennessee, through the Tennessee Department of Air Pollution Control

(TDAPC), to amend the Tennessee chapters on construction and operating

permits and the regulation of volatile organic compounds (VOC). The

revisions amending the TDAPC's construction and operating permits

chapter were submitted on January 17, 1995; the revisions amending the

TDAPC's VOC chapter were submitted on February 21, 1995, February 8,

1996, February 23, 1996, April 22, 1996, and April 25, 1996. The

revisions to the construction and operating permit incorporate

visibility protection requirements into the construction permits

portion of the rule. The revisions to the VOC chapter were made to

respond to the deficiencies of the VOC chapter as described in 60 FR

10504 published on February 27, 1995, which acted on the Tennessee VOC

Reasonably Available Control Technology (RACT) submittal to meet the

1990 VOC RACT ``Catch Up'' requirements. In this notice, EPA is making

the determination that all conditional approvals necessary for ozone

redesignation purposes have been satisfied. In addition to the above

revisions, an amendment was submitted on February 23, 1996, which

amended the emissions statement in the VOC chapter, and two new

chapters were submitted in April 1996, to regulate offset lithographic

printing sources and wood furniture finishing and cleaning operations.

DATES: This final rule is effective September 16, 1996 unless adverse

or critical comments are received by August 19, 1996. 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

William Denman at the Environmental Protection Agency, Region 4 Air

Programs Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365.

Copies of 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. Reference files TN151-01-7017, TN153-01-7018, TN161-01-

9621, TN162-01-9622, TN164-01-9626, TN168-01-9628, and TN169-01-9629.

The Region 4 office may have additional background 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 Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia 30365, William Denman, 404/347-

3555 extension 4208.

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: William Denman 404/347-3555 extension

4208.

SUPPLEMENTARY INFORMATION: On January 17, 1995, the Tennessee

Department of Air Pollution Control (TDAPC) submitted a request to the

EPA to incorporate paragraphs 1200-3-9-.01 (6), (7), and (8) into the

Tennessee SIP (reference file TN151-01-7017). The paragraphs revise the

chapter as described below.

1200-3-9-.01(6): This paragraph clarifies that construction permits

issued under this rule are based on air contaminants only and do not

affect the applicant's obligation to obtain necessary permits from

other government agencies.

1200-3-9-.01(7): This paragraph requires the applicant to pay the

cost of publication of any notices required by law to effectuate the

rights applied for.

1200-3-9-.01(8): This paragraph gives the requirements necessary

for protecting visibility as it applies to the issuance of a

construction permit.

On May 18, 1993, TDAPC submitted to EPA as part of a submittal of

revisions to the VOC chapter, a request to add perchloroethylene to the

list of exempt compounds in the definition of a VOC contained in 1200-

3-18-.01(1). This definition was conditionally approved on February 27,

1995, based on the commitment by the State of Tennessee to delete it

from the list of exempt VOC compounds within one year if EPA had not

completed the rulemaking exempting perchloroethylene as a VOC. The

rulemaking finalizing the exemption of perchloroethylene as a VOC

compound was published by EPA in 61 FR 4588, on February 7, 1996.

Therefore, the commitment has been met and perchloroethylene is

considered an exempt compound in the VOC definition contained in the

Tennessee SIP.

On February 21, 1995, TDAPC submitted to EPA a request to

incorporate a new rule (1200-3-18-.33) regulating VOC emissions from

the Manufacturing of Synthesized Pharmaceutical Products (reference

file TN153-01-7018). This rule applies to all reactors, distillation

operations, crystallizers, centrifuges, vacuum dryers, air dryers,

production equipment exhaust systems, rotary vacuum filters and other

filters, in-process tanks, and leaks associated with the manufacturing

of synthesized pharmaceutical products located in the State of

Tennessee. This rule does not apply to sources in Hamilton and Shelby

counties whose total potential VOC emissions from all the above listed

sources are less than 25 tons per year (tpy), nor to sources throughout

the State of Tennessee whose total potential VOC emissions are less

than 100 tpy except for sources located in the Nashville ozone

nonattainment area. The rule applies to all the above listed sources

located in the Nashville ozone nonattainment area, regardless of size.

The emission standards and the monitoring and record keeping

requirements contained in rule 1200-3-18-.33 are consistent with the

EPA guidance for RACT. The previous rule 1200-3-18-.33 was given

limited approval in 60 FR 10504 on February 27, 1995. The submittal of

this rule to replace the previous rule corrects the deficiencies

outlined in 60 FR 10504.

On February 8, 1996, TDAPC submitted to EPA revisions to the

Tennessee chapter regulating VOCs (1200-3-18) for incorporation into

the Tennessee SIP. These submittals address some of the commitments of

the conditional approval of Tennessee chapter 1200-3-18 on February 27,

1995 960 FR 10504). EPA is making the determination in this notice,

that all conditional approvals necessary for ozone redesignation have

been satisfied. In the first submittal dated February 8, 1996,

(reference file TN161-01-9621), Tennessee made seventeen revisions to

[[Page 37388]]

chapter 1200-3-18. They are described as follows.

1200-3-18-.01(45): A definition for ``maximum theoretical

emissions'' was added to the definitions section. This definition

clarifies the quantity of VOC emissions by a source without control

devices based on the design capacity or maximum production capacity of

the source and 8,760 hours of operation per year.

1200-3-18-.01(49): The term ``operation'' was defined as an

activity.

1200-3-18-.02(2): The word ``binding'' was deleted from this

paragraph for clarification.

1200-3-18-.02(5)(c): The phrase ``which is legally enforceable''

was deleted from the paragraph for clarification.

1200-3-18-.02(7): The phrase ``or in Chapter 21 of this division''

was added to this paragraph for clarification.

1200-3-18-.02(8): The phrase ``and nitrogen oxide emissions'' was

added to this paragraph to require sources subject to the emissions

statement requirement because of their VOC emissions to also report

their nitrogen oxide emissions. This paragraph was granted limited

approval in 60 FR 10504 on February 27, 1995, due to this deficiency.

This revision corrects the deficiency.

1200-3-18-.02(8): The phrase ``the owner or operator'' was replaced

by the phrase ``an official of the company'' to require an official of

the company to certify the emissions statement. This paragraph was

conditionally approved in 60 FR 10504 on February 27, 1995, based on a

commitment from Tennessee to revise the paragraph to include this

provision. This revision satisfies that commitment.

1200-3-18-.03(2)(b): The phrase ``in the alternative, over a longer

period'' was replaced by the phrase ``for an alternative period which

has been approved by the Technical Secretary and the EPA'' for EPA to

retain the approval authority of alternate control plans.

1200-3-18-.03(5)(b)(10): This paragraph was revised to require

additional monitoring of catalytic incinerators used in the coating and

printing industries to provide a more true representation of the actual

performance.

1200-3-18-.04(3)(b)(1)(ii): This paragraph was revised to require

additional monitoring of catalytic incinerators used in the non-coating

and non-printing industries to provide a more true representation of

the actual performance.

1200-3-18-.04(4): This paragraph was revised to more clearly state,

``Provisions of this rule apply only to sources identified as subject

to those provisions of this rule by other rules of this chapter''.

1200-3-18-.20(1)(b)(2)(vii): This paragraph which exempted usage of

4.0 gallons per day of air drying materials from the miscellaneous

metal parts rule was repealed by Tennessee after being disapproved by

EPA in 60 FR 10504 on February 27, 1995. Tennessee substituted

``reserved'' for the language in this paragraph.

1200-3-18-.21(7)(d)(2)(x): This paragraph was revised to require

additional monitoring of catalytic incinerators used in the coating of

flat wood paneling to provide a more true representation of the actual

performance.

1200-3-18-.36(1)(b): This paragraph was revised to more clearly

identify the sources applicable to the petroleum solvent dry cleaning

rule.

1200-3-18-.38(2)(c)(2): This paragraph was revised to require the

use of 10% by weight rather than 20% by weight in determining whether a

piece of equipment in VOC service in a synthetic organic chemical,

polymer, or resin manufacturing operation is in ``light liquid

service''. This paragraph was given limited approval in 60 FR 10504 on

February 27, 1995, based on a commitment by Tennessee to correct the

rule. This revision satisfies that commitment.

1200-3-18-.38(4): A provision was added to this rule to require

specific testing after a leak is repaired.

1200-3-18-.39(5)(a)(2): A conversion factor was revised for

calculating the mass rates of total VOC. The conversion factor was

revised to be 2.95 x 10-9. In a letter to Tennessee on August

12, 1994, EPA derived the conversion factor which correctly is 2.595

x 10-9. Tennessee incorrectly approved the conversion factor as

2.95 x 10-9 which is more stringent than the correct 2.595 x

10-9. Therefore, EPA is approving the more stringent conversion

factor. This paragraph was conditionally approved in 60 FR 10504 on

February 27, 1995. This revision satisfies that commitment.

In the second submittal dated February 8, 1996, (reference file

TN162-01-9622), Tennessee requested that EPA add chapter 1200-3-18-.78

``Other Facilities That Emit Volatile Organic Compounds (VOC's) Of

Fifty Tons Per Year'' to the Tennessee SIP and revise chapter 1200-3-

18-.79 ``Other Facilities That Emit Volatile Organic Compounds

(VOC's)'' of the Tennessee SIP. The revisions are described as follows.

1200-3-18-.78: This rule, commonly referred to as a non-CTG

(Control Techniques Guideline) RACT rule, is designed to apply to those

major sources which are not subject to the other industry specific VOC

RACT rules. Tennessee already has in their SIP a non-CTG RACT rule for

sources whose potential VOC emissions are above 100 tons per year

(tpy). This rule applies to sources located in the Nashville

nonattainment area whose potential VOC emissions are above 50 tpy. This

rule, however, contains language that makes it effective only if the

Nashville nonattainment area fails to attain the ozone standard by

November 15, 1996, and after the Technical Secretary publishes legal

notices in the five nonattainment counties of this failure to attain

the ozone standard.

1200-3-18-.78 & .79: Miscellaneous revisions were made to the table

of contents to allow for revisions to the SIP regarding these two

rules.

1200-3-18-.79(1)(c): This paragraph, which exempts certain source

categories from the Tennessee non-CTG RACT rule for sources with

potential emissions greater than 100 tpy, was amended by Tennessee to

delete 13 categories from the list of source categories exempt from

this rule.

1200-3-18-.79(1)(d): Tennessee revised this paragraph to delete all

the language previously contained in this section and inserted the

phrase ``reserved''. This revision came after EPA disapproved this

paragraph in 60 FR 10504 on February 27, 1995.

1200-3-18-.79(1)(e): This new paragraph was added to the rule to

specifically identify those sources exempt from the standards and

requirements of this rule due to the applicability of other rules.

120-3-18-.79(2): Several clarifying revisions were made to this

paragraph to make it read more clearly.

1200-3-18-.79(6): This new paragraph was added to the rule which

added monitoring and record keeping requirements for sources which

became subject to this rule after the rule effective date.

Another submittal amending chapter 1200-3-18 was made on February

23, 1996 (reference file TN-164-01-9626). This submittal deleted Knox

County, previously a marginal ozone nonattainment area which was

redesignated to attainment in 58 FR 50271 on September 27, 1993, from

the applicability portion of the emissions statement contained in

paragraph 1200-3-18-.02(8). Since Knox County submitted their

redesignation request prior to the due date for emissions statements

and the State has demonstrated that the deletion of this requirement

will not adversely affect the maintenance of the ozone standard, this

revision is approvable.

[[Page 37389]]

On April 22, 1996, the TDAPC submitted to EPA for incorporation

into their SIP a new VOC rule (1200-3-18-.43) applicable to offset

lithographic printing operations with potential VOC emissions of 25 tpy

or more (reference file TN168-01-9628). On April 25, 1996, the TDAPC

submitted to EPA for incorporation into their SIP a new VOC rule (1200-

3-18-.42) applicable to wood furniture finishing and cleaning

operations with potential VOC emissions or 25 tpy or more (reference

file TN169-01-9629). These rules are being approved into the SIP

because the VOC reductions from these rules are necessary to

demonstrate maintenance of the ozone standard. Since Tennessee applied

for redesignation prior to the due date for these rules, the rules are

not required to meet Reasonably Available Control Technology (RACT)

requirements. Should the Middle Tennessee ozone nonattainment area

violate the ozone standard prior to being redesignated to attainment,

these rules may be required to be made more stringent to meet RACT

requirements.

Final Action

The EPA is publishing this rulemaking without a prior proposal for

approval 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 September 16, 1996 unless, by August 19, 1996,

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 the separate 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 September 16, 1996.

Under section 307(b)(1) of the Clean Air Act (CAA), 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

September 16, 1996. 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).)

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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.

Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 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. section 7410(a)(2) and 7410(k)(3).

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 182 of the CAA.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. EPA has examined whether the rules being approved by this

action will impose any new requirements. Since such sources are already

subject to these regulations under State law, no new requirements are

imposed by this approval. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action, and therefore there will be no significant impact on a

substantial number of small entities.

Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted 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 General Accounting

Office prior to publication of this rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: June 24, 1996.

A. Stanley Meiburg,

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:

[[Page 37390]]

Sec. 52.2219 Identification of plan--conditional approval.

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 4.

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

Organic Compounds (VOC's): Paragraph (1) effective April 22, 1993.

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

Emission Monitoring of Total Hydrocarbons: Subparagraph (11)(c)

effective April 22, 1993.

3. Section 52.2220 is amended by adding paragraph (c)(138) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(138) Revisions to chapter 1200-3-9 ``Construction and Operating

Permits'' were submitted by the Tennessee Department of Air Pollution

Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200-

3-18 ``Volatile Organic Compounds'' were submitted by the TDAPC to EPA

on February 21, 1995, February 8, 1996, February 23, 1996, April 22,

1996, and April 25, 1996.

(i) Incorporation by reference.

(A) Revisions to the State of Tennessee regulation 1200-3-9

``Construction and Operating Permits'', subparagraphs 1200-3-9-.01 (6),

(7), (8), effective on August 15, 1994.

(B) Revisions to the State of Tennessee regulation by the addition

of a new rule 1200-3-18-.33 ``Manufacturing of Synthesized

Pharmaceutical Products'', effective on November 21, 1993.

(C) Revisions to the State of Tennessee regulation 1200-3-18

``Volatile Organic Compounds'' rules 1200-3-18-.01, 1200-3-18-.02,

1200-3-18-.03, 1200-3-18-.04, 1200-3-18-.20, 1200-3-18-.21, 1200-3-18-

.36, 1200-3-18-.38, 1200-3-18-.39 effective on October 9, 1995.

(D) Revisions to the State of Tennessee regulations effective

October 25, 1995.

(1) The addition of a the new rule 1200-3-18-.78 ``Other Facilities

that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year''.

(2) Revisions to rule 1200-3-18-.79 ``Other Facilities that Emit

Volatile Organic Compounds''.

(E) Revisions to the State of Tennessee regulation by the addition

of a new rule 1200-3-18-.42 ``Wood Furniture Finishing and Cleaning'',

effective August 15, 1995.

(F) Revisions to the State of Tennessee regulation by the addition

of a new rule 1200-3-18-.43 ``Offset Lithographic Printing

Operations'', effective October 14, 1995.

(ii) Other material. None.

Sec. 52.2225 [Amended]

4. Section 52.2225 is amended by removing and reserving paragraphs

(b) and (c).

[FR Doc. 96-18197 Filed 7-17-96; 8:45 am]

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