Approval of Revisions to the Tennessee SIP Regarding Prevention of Significant Deterioration and Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN189-1-9730(b); TN194-1-9731(b); TN198-1-9732(b); FRL-5859-7]

Approval of Revisions to the Tennessee SIP Regarding Prevention

of Significant Deterioration and Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving miscellaneous revisions to the Tennessee

State Implementation Plan (SIP) regarding prevention of significant

deterioration (PSD) and volatile organic compounds (VOC). The revisions

to the PSD regulation add an additional supplement to the EPA

``Guideline on Air Quality Models.'' The revisions to the VOC

regulation make minor changes to the regulation for the manufacture of

high-density polyethylene, polypropylene and polystyrene resins and to

the regulation containing test methods and compliance procedures for

VOC sources.

DATES: This final rule is effective September 29, 1997, unless adverse

or critical comments are received by August 28, 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 TN189-01-9730, TN194-01-9731, and TN198-

01-9732. 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.

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

SUPPLEMENTARY INFORMATION: On August 9, 1995, EPA published a notice in

the Federal Register (60 FR 40465), that took final action on several

additions and changes to the ``Guideline on Air Quality Models'' in the

PSD rules. These revisions were designated as supplement C to the

``Guideline on Air Quality Models.'' On February 27, 1997, Tennessee

submitted to EPA a revision to Tennessee regulation 1200-3-9

``Construction and Operating Permits'' in which Tennessee added

supplement C to their already adopted by reference ``Guideline on Air

Quality Models''. Supplement C incorporates improved algorithms for

treatment of area sources and dry deposition in the Industrial Source

Complex model, adopts a solar radiation/delta-T (SRDT) method for

estimating atmospheric stability categories, and adopts a new screening

approach for assessing annual NO2 impacts. It also adds SLAB

and HGSYSTEM as alternative models.

On May 8, 1997, Tennessee submitted to EPA a revision to the

Tennessee regulation for the control of VOC

[[Page 40459]]

emissions from the manufacture of high-density polyethylene,

polypropylene and polystyrene resins. This revision corrected a

conversion factor for determining the mass rates of total VOC. The

incorrect conversion factor of 2.95 x 10-9 was revised to be

the correct factor of 2.595 x 10-9.

On May 8, 1997, Tennessee also submitted to EPA a revision to the

Tennessee regulation containing test methods and compliance procedures

for determining the VOC content of coatings and inks. This revision

provided clarification on which method should be used for various types

of inks. The clarifying revision stated that Method 24A was for

publication rotogravure inks and Method 24 was for all other inks and

coatings.

Final Action

The EPA is approving the submitted revisions into the Tennessee SIP

as described in the Supplementary Information section. 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

September 29, 1997 unless, by August 28, 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 September 29, 1997.

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.

Administrative Requirements

A. Executive Order 12866

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 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) and 7410(k)(3).

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 September 29, 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, Ozone, Reporting and recordkeeping

requirements.

Dated: July 3, 1997.

Michael V. Peyton,

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)(158) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

[[Page 40460]]

(c) * * *

(158) Addition of supplement C to the ``Guideline on Air Quality

Models'', correction of conversion factor in the manufacture of high-

density polyethylene, polypropylene and polystyrene resins, and

clarification for the test method used for determining the VOC content

of coatings and inks submitted by the Tennessee Department of

Environment and Conservation on February 27, 1997, and May 8, 1997.

(i) Incorporation by reference.

(A) Tennessee regulation 1200-3-9-.01(1)(f) effective December 28,

1996.

(B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-

18-.81(2) (a) and (b) effective April 16, 1997.

(ii) Other material. None.

[FR Doc. 97-19937 Filed 7-28-97; 8:45 am]

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