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-176-2-9708a; FRL-5806-7]

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), on June 3, 1996. The submittal contains revisions to the VOC

definition in the construction permits chapter, amends the stage II

vapor recovery portion of the VOC chapter, and revises a conversion

factor contained in the performance standards for continuous emissions

monitoring chapter.

DATES: This final rule is effective June 13, 1997 unless adverse or

critical comments are received by May 14, 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 file TN176-02-9708. 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: On June 3, 1996, the Tennessee Department of

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

incorporate revisions to chapters 1200-3-9 ``Construction and Operating

Permits'' and 1200-3-18 ``Volatile Organic Compounds.'' The revisions

to chapter 1200-3-9 amended the definition for volatile organic

compounds in paragraph 1200-3-9-.01(4)(b)(29). The revision added

acetone, parachlorobenzotrifluoride (PCBTF), and cyclic, branched, or

linear completely methylated siloxanes (VMS) to its list of VOCs which

have been determined to have negligible photochemical reactivity. The

list of exempt compounds is contained in subparagraph 1200-3-

9-.01(4)(b)(29)(I). The compounds PCBTF and VMS were added to the list

of exempt VOC's on October 5, 1994, (59 FR 50693) and acetone was added

to the list of exempt VOC's on June 16, 1995, (60 FR 31633). In

addition, compounds CFC-113, HCFC-22, and HFC-23 were amended to be

consistent with the federal definition.

The revisions to chapter 1200-3-18 amended sections 1200-3-18-.24

``Gasoline Dispensing Facilities--Stage I and Stage II Vapor Recovery''

and 1200-3-18.86 ``Performance Specifications for Continuous Emissions

Monitoring of Total Hydrocarbons.''

1200-3-18-.24: The revisions to 1200-3-18-.24(1)(d) added the

dispensing of gasoline for only refueling of aircraft or marine vessels

as an activity exempt from the requirements of 1200-3-18-.24(3)(c).

This provision requires a vapor recovery system, certified by the

California Air Resources Board, to be installed and operated to recover

gasoline vapors. The revisions to 1200-3-18-.24(3)(c)(2)(I) were made

to be consistent with EPA guidance to prevent the use of a dual-hose

Stage II system at automobile assembly plants in lieu of coaxial hoses.

1200-3-18-.86: The revision to 1200-3-18-.86(11)(c) was made to

correct the conversion factor which accounts for the conversion of

units when calculating the total hydrocarbon concentration levels for

the initial compliance certification. The correct conversion factor is

5.183 x 10-2.

Final Action

The EPA is approving the aforementioned revisions because they are

consistent with federal requirements. 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

June 13, 1997 unless, by May 14, 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 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 June 13, 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.

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

[[Page 18047]]

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 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).

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 5 U.S.C. 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 5

U.S.C. 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 June 13, 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.

Dated: March 25, 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

Sec. 52.2219 [Removed and reserved]

2. Section 52.2219 is removed and reserved.

3. Section 52.2220 is amended by adding paragraph (c)(150) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(150) Revisions to chapters 1200-3-9 ``Construction and Operating

Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted

by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on

June 3, 1996.

(i) Incorporation by reference.

(A) State of Tennessee regulation 1200-3-9 ``Construction and

Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on

August 14, 1996.

(B) State of Tennessee regulation 1200-3-18 ``Volatile Organic

Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i)

and 1200-3-18-.86(11)(c) effective August 10, 1996.

(ii) Other material. None.

[FR Doc. 97-9506 Filed 4-11-97; 8:45 am]

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