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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-176-1-9641a; TN-177-1-9642a; FRL-5547-1]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee SIP Regarding 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 chapter regulating volatile organic

compounds (VOC). The revisions amending the TDAPC's VOC chapter were

submitted on June 3, 1996, and June 4, 1996, and add rules which

regulate surface coating of plastic parts operations, commercial and

motor vehicle and mobile equipment refinishing operations, and volatile

organic liquid storage tanks. Additionally, the State submitted

revisions to the existing definition for exempt VOCs and to the

existing chapter regulating handling, storage, use and disposal of

volatile organic compounds. These revisions provide emission reductions

for maintenance of the ozone standard in the Nashville ozone

nonattainment area.

DATES: This final rule is effective October 11, 1996, unless adverse or

critical comments are received by September 26, 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 TN-176-1-9641a and TN-177-1-9642a. 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, 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 telephone number is

404/347-3555 extension 4208. Reference files TN-176-1-9641a and TN-177-

1-9642a.

SUPPLEMENTARY INFORMATION: On June 3, 1996, the Tennessee Department of

Air Pollution Control (TDAPC) submitted a request to the EPA to

incorporate revisions to section 1200-3-18-.01 ``Definitions'' into the

Tennessee SIP. Paragraph 26 of this rule contains the definition of

exempt compounds and was revised to correct typographical errors and

add the recently exempted compounds acetone, parachlorobenzotrifluoride

(PCBTF), and cyclic, branched or linear completely methylated siloxanes

(VMS). Paragraph 87 of this rule contains the definition of volatile

organic compounds and was also revised as described above.

On June 4, 1996, the TDAPC submitted a new rule 1200-3-18-.06

``Handling, Storage, Use, and Disposal of Volatile Organic Compounds

(VOCs)'' to replace the current rule 1200-3-18-.06. The new rule was

expanded to cover the use of VOCs as well as handling, storage and

disposal.

On June 3, 1996, the TDAPC submitted three new VOC rules; 1200-3-

18-.44 ``Surface Coating of Plastic Parts'', 1200-3-18-.45 ``Standards

of Performance for Commercial Motor Vehicle and Mobile Equipment

Refinishing Operations'', and 1200-3-18-.48 ``Volatile Organic Liquid

Storage Tanks''. Rules 1200-3-18-.44 and 1200-3-18-.45 were submitted

to obtain VOC reductions for which credit was taken in the ozone

redesignation maintenance plan for the Nashville ozone nonattainment

area. Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'' applies

to sources with potential emissions greater than 25 tons per year (tpy)

in the Nashville ozone nonattainment area. Rule 1200-3-18-.45

``Standards of Performance for Commercial Motor Vehicle and Mobile

Equipment Refinishing Operations'' applies to sources whose potential

emissions are greater than 15 pounds per day. Rule 1200-3-18-.48

``Volatile Organic Liquid Storage Tanks'' applies to sources with

potential emissions greater than 100 tpy.

Final Action

The EPA is approving these revisions to the Tennessee SIP as

measures for maintenance of the ozone standard in the Nashville

nonattainment area. This rulemaking is being published 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 October 11,

1996, unless, by September 26, 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 [Insert date 45 days from

date of publication].

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

[[Page 43973]]

Court of Appeals for the appropriate circuit by October 11, 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.

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 the 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

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: July 22, 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 52.2220 is amended by adding (c)(143) to read as

follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

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

were submitted by the Tennessee Department of Air Pollution Control

(TDAPC) to EPA on June 3, 1996, and June 4, 1996.

(i) Incorporation by reference.

(A) Rule 1200-3-18-.01, paragraphs (26) and (87), effective on

August 10, 1996.

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

Volatile Organic Compounds (VOCs)'', effective on August 11, 1996.

(C) Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'',

effective on August 10, 1996.

(D) Rule 1200-3-18-.45 ``Standards of Performance for Commercial

Motor Vehicle and Mobile Equipment Refinishing Operations'', effective

on January 17, 1996.

(E) Rule 1200-3-18-.48 ``Volatile Organic Liquid Storage Tanks'',

effective on August 2, 1996.

(ii) Other material. None.

[FR Doc. 96-21694 Filed 8-26-96; 8:45 am]

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