Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Nashville/Davidson County Portion of the Tennessee SIP Regarding New Source Review, Volatile Organic Compounds and Emergency Episodes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-128-6763a; TN-166-9634a; TN-180-9712a; TN-182-9713a; FRL-5841-4]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Nashville/Davidson County Portion of the

Tennessee SIP Regarding New Source Review, Volatile Organic Compounds

and Emergency Episodes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

Davidson County (Nashville) portion of the Tennessee State

Implementation Plan (SIP) which were submitted to EPA by Tennessee,

through the Tennessee Department of Air Pollution Control (TDAPC), on

December 17, 1993, April 2, 1996, September 20, 1996, and November 14,

1996. The EPA is approving these revisions to the Nashville regulations

regarding new source review (NSR), volatile organic compounds (VOC) and

emergency episodes with the exception of revisions to 7-17(c)(4)(ii)

and 7-17(c)(4)(iii) which are being disapproved. The revisions to

sections 7-17(c)(4)(ii) and 7-17(c)(4)(iii) are being disapproved

because the revisions contain emission limits which would relax the

currently approved emission limits for certain operations in the

manufacture of pneumatic rubber tires.

DATES: This final rule is effective August 18, 1997 unless adverse or

critical comments are received by July 17, 1997. 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

Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. 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 TN128-01-6763, TN166-01-9634, TN180-01-

9712, and TN182-01-9713. 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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303, William Denman, 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.

FOR FURTHER INFORMATION CONTACT: William Denman 404/562-9030.

SUPPLEMENTARY INFORMATION:

Amendments to Nashville Regulation Number 3 ``New Source Review''

On April 2, 1996, (reference file TN166), September 18, 1996,

(reference file TN180), and November 14, 1996, (reference file TN182),

Tennessee submitted revisions to regulation number 3 ``New Source

Review'' of the Nashville/Davidson County portion of the Tennessee SIP

(Nashville SIP). These revisions amended regulation number 3 as

follows.

Section 3-1 ``Definitions''

The definition of ``municipal solid waste (MSW) landfill

emissions'' was added and the definition of ``significant'' was revised

to contain an MSW landfill emissions level of 50 tons per year (tpy).

In addition, the definition of ``volatile organic compound'' was

revised to incorporate by reference the definition contained in 40 CFR

part 51, subpart F.

Section 3-3 ``Prevention of Significant Deterioration (PSD) Review''

Section 3-3(f) was revised by deleting references to supplements to

Appendix W of 40 CFR part 51 which contain the ``Guideline on Air

Quality Models.'' This revision was prompted by the addition of a third

supplement to this appendix. The intention of the Nashville agency is

to utilize the entire guideline including all present and future

supplements.

Amendments to Nashville Regulation Number 7 ``Regulation for the

Control of Volatile Organic Compounds''

On October 30, 1996, EPA approved the State of Tennessee's request

to redesignate the five county Nashville ozone nonattainment area to

attainment. One of the requirements for this approval was for the State

to have a fully approved SIP for ozone control in the five county area.

By approving the ozone redesignation request EPA determined that the

State of Tennessee had a SIP in place which was applicable in the

entire five county area, including Davidson County, and met all EPA

ozone requirements. The revisions which follow revise only Nashville/

Davidson County's portion of the Tennessee SIP, not the State's SIP. In

any areas where the Nashville/Davidson County SIP is less stringent or

has been disapproved, the State SIP applies.

On December 17, 1993, (reference file TN128), April 2, 1996,

(reference file TN166), September 18, 1996, (reference file TN180), and

November 14, 1996, (reference file TN182), Tennessee submitted

revisions to regulation number 7 ``Regulation for the Control of

Volatile Organic Compounds'' of the Nashville/Davidson County portion

of the Tennessee SIP (Nashville SIP). Some of the proposed revisions

were submitted to meet the 1990 Clean Air Act (CAA) requirements for

VOC reasonably available control technology (RACT) commonly referred to

as the ``VOC RACT Catch-Ups.'' The four submittals revised Nashville's

regulation number 7 as follows.

[[Page 32689]]

Section 7-1 ``Definitions''

The definition of ``volatile organic compound'' was revised to

incorporate by reference the definition contained in 40 CFR part 51,

subpart F.

Section 7-2 ``General Provisions and Applicability''

In the first submittal (reference file TN128), the section which

was previously titled ``Prohibited Act'' was deleted in its entirety

and replaced with the revised section 7-2 ``General Provisions and

Applicability.'' In a later submittal, paragraph (b) of this section

was deleted in its entirety and replaced with a new paragraph (b) which

more clearly provided the process for determining more restrictive

emission limits upon mutual agreement of the Director and the source.

In addition, the emission statement contained in paragraph (g) of this

section was amended to require that an ``official'' of the company

certify emission statement reports and to require reporting of both

nitrogen oxide (NOX) and VOC emissions.

Section 7-4 ``Compliance, Certification, Recordkeeping and Reporting

Requirements''

The revision to this section deleted the previous section 7-4

``Circumvention'' and replaced it with section 7-4 ``Compliance,

Certification, Recordkeeping and Reporting Requirements'' which

provided requirements for sources to gather data demonstrating

compliance and maintain records for a minimum of three years.

Section 7-5 ``Emission Standards for Coil Coating''; Section 7-6

``Emission Standards for Paper Coating''; Section 7-7 ``Emission

Standards for Fabric and Vinyl Coating''; Section 7-8 ``Emission

Standards for Metal Furniture Coating''; and Section 7-9 ``Emission

Standards for Surface Coating of Large Appliances''

The proposed revisions to these sections add definitions for coil,

coil coating line, coil coating operation, metal furniture, metal

furniture coating line, and large appliance coating line. In addition,

each of the above sections are revised to provide an emission limit

which states that the regulation does not apply to sources with actual

VOC emissions less than 15 pounds per day or potential VOC emissions

less than 10 tons per year for each of the source categories. These

revisions are consistent with EPA guidance and are therefore being

approved.

Section 7-10 ``Petroleum Liquid Storage''

This section was revised by changing all references of ``petroleum

liquid storage'' to ``volatile organic liquid storage.'' In addition,

definitions for ``storage vessel,'' ``true vapor pressure,'' and

``volatile organic liquid'' were added and requirements for petroleum

liquid storage were revised to be consistent with EPA guidance on

volatile organic liquid storage.

Section 7-16 ``Emission Standard for Surface Coating of Miscellaneous

Metal Parts and Products''

The revisions to section 7-16 were to section 7-16(a), 7-16(c), and

7-16(d). The revisions are consistent with EPA guidance and are

therefore being approved. The revisions are discussed as follows.

Section 7-16(a)

This section was revised to add definitions for drum, high

performance architectural coating, miscellaneous parts and products,

pail, and refinishing.

Section 7-16(c)

Nashville deleted the current paragraph 7-16(c) and replaced it

with a new 7-16(c) adding an emission limit which states that the

regulation does not apply to sources with actual VOC emissions less

than 15 pounds per day or potential VOC emissions less than 10 tons per

year and ten categories which may be exempt from this requirement.

Section 7-16(d)

This section was revised to specify emission limits for high

performance architectural coating, clear coating, steel pail and drum

interior, air-dried coating, extreme performance coating, and all other

coatings.

Section 7-17 ``Manufacture of Pneumatic Rubber Tires''

Paragraph (9) of section (a) was added to provide a definition for

``sidewall cementing operation.'' Paragraphs (3) and (6) of section (c)

were deleted and all paragraphs were renumbered accordingly. EPA is

approving the above mentioned revisions because they are consistent

with EPA guidance. In addition, it was proposed that paragraph (5)

(renumbered as paragraph (4)) be deleted and replaced with a revised

paragraph. However, because the limits specified in the revised

paragraph were greater than the previous limits and therefore less

stringent than the existing SIP and because Nashville has not provided

a demonstration that this relaxation of the SIP would not adversely

affect their attainment and maintenance of the ozone standard, EPA is

disapproving the revisions to the currently SIP approved limits

specified in 7-17(c)(4)(ii) and 7-17(c)(4)(iii). EPA provided comments

to Nashville concerning this deficiency in letters dated November 10,

1994, May 3, 1995, and August 29, 1995. However, to date EPA has not

received an official submittal addressing this deficiency, and

therefore, the emission limits as contained in the Nashville/Davidson

County regulations are deficient and the current federally approved

emission limits as contained in the SIP remain 4.6 grams per tire for

tread-end cementing and 2.1 grams per tire for bead dipping.

Section 7-19 ``Perchloroethylene Dry Cleaning''

This section was deleted in its entirety after perchloroethylene

was exempted from regulation as a VOC due to the determination by EPA

(see 61 FR 4588--February 7, 1996) that perchloroethylene has

negligible photochemical reactivity and does not significantly

contribute to the formation of ozone. However, perchloroethylene

continues to be regulated as a hazardous air pollutant and is subject

to Maximum Available Control Technology (MACT) requirements under title

III of the CAA.

Section 7-20 ``Petroleum Solvent Dry Cleaners''

This new chapter was added to regulate petroleum solvent dry

cleaners. EPA is approving the addition of this new section because the

provisions of this rule are consistent with EPA requirements for

petroleum solvent dry cleaners. This rule applies to all petroleum

solvent dry cleaners in Davidson County. However, any petroleum solvent

dry cleaner that consumes less than 32,500 gallons of petroleum solvent

per year is only subject to the recordkeeping requirements.

Section 7-21 ``Petroleum Liquid Storage in External Floating Roof

Tanks''

This section was revised by changing all references of ``petroleum

liquid storage'' to ``volatile organic liquid storage.'' In addition, a

definition for ``volatile organic liquid'' was added and requirements

for petroleum liquid storage in external floating roof tanks were

revised to be consistent with EPA guidance on volatile organic liquid

storage in external floating roof tanks.

[[Page 32690]]

Section 7-22 ``Leaks from Synthetic Organic Chemical, Polymer, and

Resin Manufacturing Equipment''

EPA is approving the addition of this new section. This section

regulates leaks from synthetic organic chemical, polymer, and resin

manufacturing equipment. The chapter is consistent with EPA guidance

for this source category and applies to all equipment in VOC service in

any process unit at a synthetic organic chemical, polymer, and resin

manufacturing facility.

Section 7-23 ``Air Oxidation Processes in the Synthetic Organic

Chemical Manufacturer's Industry''

EPA is approving the renumbering of the previously numbered section

7-23 titled ``Special Provisions of New Volatile Organic Compound

Sources and Modifications'' to section 7-26. EPA is also approving the

addition of this new section 7-23. The new section 7-23 entitled, ``Air

Oxidation Processes in the Synthetic Organic Chemical Manufacturer's

Industry'' has been determined to be consistent with EPA guidance for

this source category. This section applies to the following oxidation

facilities: each air oxidation reactor not discharging its vent stream

into a recovery system; each combination of an air oxidation reactor

and the recovery stream into which its vent stream is discharged; and

each combination of two or more air oxidation reactors and the common

recovery system into which their vent streams are discharged.

Section 7-24 ``Test Methods and Procedures''

EPA is approving revisions to this section submitted on December

17, 1993, (reference file TN128) and September 18, 1996, (reference

file TN180). These revisions contain internal and external quality

assurance (QA) program requirements, on-site sampling test report

requirements, additional procedures for determining VOC content,

provisions for determination of alternative compliance methods for

surface coating operations, and leak detection methods for VOCs and add

provisions for determining capture efficiency consistent with the EPA

guidance issued on January 9, 1995.

Section 7-25 ``Record Keeping and Reporting Requirements''

EPA is approving the deletion of this section. All requirements

previously contained in this section are now contained in section 7-4

``Compliance Certification, Recordkeeping and Reporting Requirements.''

Section 7-27 ``Handling, Storage, Use, and Disposal of Volatile

Organic Compounds (VOC)''

EPA is approving the addition of this new section which contains

provisions that minimize the emission of VOCs from handling, storage,

use and disposal of VOCs. This section applies to facilities which

contain any source subject to any other section of the VOC regulation

with the exception of any VOC material containing VOC emitted in

compliance with any other section of the VOC regulation and waste paint

handling systems, water treatment systems, and other similar operations

at coating and printing facilities using complying coatings and/or

inks.

Section 7-28 ``Surface Coating of Plastic Parts''

EPA is approving the addition of this new section which contains

emission limits, control requirements, and compliance, certification,

recordkeeping, and reporting requirements for operations which perform

the surface coating of plastic parts. The requirements of this section

are consistent with the EPA Alternative Control Techniques Document for

this source category. This section applies to any plastic parts coating

line whose potential to emit VOCs from all plastic parts coating lines

within the facility is greater than 25 tons of VOC per year and coats

plastic components for automotive equipment, business machines, medical

equipment housings, entertainment equipment housings, and miscellaneous

plastic parts.

Addition of New Regulation Number 11 ``Emergency Episode Regulation''

EPA is approving the addition of this new regulation which was

submitted to EPA on November 14, 1996, (reference file TN182) because

it is consistent with the requirements of 40 CFR part 51, subpart H

``Prevention of Air Pollution Emergency Episodes.'' Regulation number

11 establishes criteria to prevent undesirable levels of air

contaminants during adverse meteorological conditions. It provides the

levels to determine air pollution alerts, air pollution warnings, and

air pollution emergencies and requires emission reductions to achieve

during these episodes.

Final Action

The EPA is approving the aforementioned revisions because they are

consistent with federal requirements with the exception of the

revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which are being

disapproved for the reasons stated in the Supplementary Section of this

notice. 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 August 18, 1997 unless, by July 17, 1997, 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 notice that will

withdraw the final action. All public comments received will 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 August 18, 1997 unless,

within 30 days of its publication, adverse or critical comments are

received.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

I. Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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

[[Page 32691]]

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

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 impose any new requirements, the

Administrator certifies 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 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).

EPA's disapproval of the State request under section 110 and

subchapter I, part D of the CAA does not affect any existing

requirements applicable to small entities. Any pre-existing federal

requirements remain in place after this disapproval. Federal

disapproval of the state submittal does not affect its state-

enforceability. Moreover, EPA's disapproval of the submittal does not

impose any new Federal requirements. 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

requirements and impose any new Federal requirements.

C. 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

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 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.

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added 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).

E. 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 August 18, 1997. 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, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements

Dated: May 14, 1997.

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 paragraph (c)(153) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(153) Revisions to Nashville/Davidson County portion of the

Tennessee state implementation plan submitted to EPA by the State of

Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and

November 14, 1996, concerning new source review (NSR), control of

volatile organic compounds (VOC), and emergency episodes with the

exception of the revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which

were disapproved.

(i) Incorporation by reference.

(A) Nashville/Davidson County Air Pollution Control Regulation

number 3 ``New Source Review'' sections 3-1(y), 3-1(hh), 3-1(jj), and

3-2(f), effective November 13, 1996.

(B) Nashville/Davidson County Air Pollution Control Regulation

number 7 ``Regulation for the Control of Volatile Organic Compounds''

sections 7-1(mm), 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-16(a), 7-

16(c) {except section 7-16(c)(11)}, 7-16(d), 7-17(a)(9), 7-17(c)

{except 7-17(c)(4)(ii), and 7-17(c)(4)(iii)}, 7-20, 7-21, 7-22, 7-23,

7-24, 7-26, 7-27, and 7-28, effective November 13, 1996.

(C) Nashville/Davidson County Air Pollution Control Regulation

number 11 ``Emergency Episode Regulation'' effective November 13, 1996.

(ii) Other material. None.

[FR Doc. 97-15851 Filed 6-16-97; 8:45 am]

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