Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Knox County Portion of the Tennessee SIP Regarding Volatile Organic Compounds (VOCs) and Process Particulate Emissions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-184-1-(9812)a; TN-199-1-(9813)a; FRL-6104-1]

Approval and Promulgation of Implementation Plans; Tennessee:

Approval of Revisions to the Knox County Portion of the Tennessee SIP

Regarding Volatile Organic Compounds (VOCs) and Process Particulate

Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to section 19.2 and section

46.2.A.34 of the Knox County portion of the Tennessee State

Implementation Plan (SIP) which were submitted to EPA through the

Tennessee Department of Air Pollution Control (TDAPC), on December 24,

1996 and June 18, 1997. Section 19.2 is revised to include terminology

which more clearly defines the subject matter of this section: process

particulate emissions. Section 46.2.A.34 is revised to incorporate by

reference the definition for volatile organic compounds (VOCs)

contained in 40 CFR part 51, subpart F.

DATES: This final rule is effective August 7, 1998 unless adverse or

critical comments are received by July 8, 1998. If adverse comment is

received, EPA will publish a timely withdrawal of the rule in the

Federal Register.

ADDRESSES: Written comments on this action should be addressed to

Allison Humphris 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 TN184-01-9812 and TN199-01-9813. 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, telephone (202) 260-7549. Environmental Protection Agency,

Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia

30303. Allison Humphris, 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.

Knox County Department of Air Pollution Control, City-County

Building, Suite 339, 400 West Main Street, Knoxville, Tennessee, 37902.

423/215-2488

FOR FURTHER INFORMATION CONTACT: Allison Humphris at 404/562-9030.

SUPPLEMENTARY INFORMATION: The EPA is approving revisions to sections

19.2 and 46.2.A.34 of the Knoxville regulations. Section 19.2 is

revised to include terminology which more clearly defines the subject

matter of this section: process particulate emissions. Section

46.2.A.34 is revised to incorporate by reference the definition for

volatile organic compounds (VOCs) contained in 40 CFR part 51, subpart

F.

Section 19.2, ``Process Emissions''

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

emissions'' to ``process particulate emissions.'' The change was made

for clarity and to be consistent with the language in section 18.2,

``Non-Process Particulate Emissions.''

Section 46.2.A.34, ``Volatile Organic Compound (VOC)''

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

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

subpart F. EPA exempted acetone (per 60 FR 31633--June 16, 1995),

perchloroethylene (per 61 FR 4588--February 7, 1996), and

hydrofluorocarbon (HFC) 43-10mee, hydrochlorofluorocarbon (HCFC) 225ca

and cb (all per 61 FR 52848--October 8, 1996) from regulation as VOCs

due to the determination that these compounds have negligible

photochemical reactivity and do not significantly contribute to the

formation of ozone.

Final Action

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the Clean Air Act amendments enacted on November 15, 1990. The

Agency has determined that this action conforms with those

requirements. EPA is publishing this rule without prior proposal

because the Agency views this as a noncontroversial amendment and

anticipates no adverse comments. However, in the proposed rules section

of this Federal Register publication, EPA is publishing a separate

document that will serve as the proposal to approve the SIP revision

should relevant adverse comments be filed. This rule will be effective

August 7, 1998 without further notice unless the Agency receives

relevant adverse comments by July 8, 1998. If the EPA receives such

comments, then EPA will publish a notice withdrawing the final rule and

informing the public that the rule did not take effect. All public

comments received will then be addressed in a subsequent final rule

based on the proposed rule. The EPA will not institute a second comment

period on the proposed rule. Any parties interested in commenting on

the proposed rule should do so at this time. If no such comments are

received, the public is advised that this rule will be effective on

August 7, 1998 and no further action will be taken on the proposed

rule.

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.

[[Page 31121]]

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 Regional

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 Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the 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 August 7, 1998. 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).)

F. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to

any rule that is (1) likely to be ``economically significant'' as

defined under Executive Order 12866, and (2) the Agency has reason to

believe that the environmental health or safety risk addressed by the

rule may have a disproportionate effect on children. If a regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety effects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045, ``Protection of Children

from Environmental Health Risks and Safety Risks'' because this is not

an ``economically significant'' regulatory action as defined by E.O.

12866, and because it does not involve decisions on environmental

health or safety risks that may disproportionately affect children.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Particulate matter, Reporting and recordkeeping requirements.

Dated: April 27, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart RR--Tennessee

2. Section 52.2220, is amended by adding paragraph (c)(161) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(161) Revisions to the Knox County portion of the Tennessee state

implementation plan submitted to EPA by the State of Tennessee on

December 24, 1996 and June 18, 1997, concerning process particulate

emissions and volatile organic compounds (VOC) were approved.

(i) Incorporation by reference.

(A) Section 19.2 of the Knox County Air Pollution Control

Regulation ``Process Particulate Emissions'' effective December 11,

1996.

(B) Section 46.2.A.34 of the Knox County Air Pollution Control

Regulation ``Volatile Organic Compounds'' effective June 11, 1997.

(ii) Other material. None.

[FR Doc. 98-15022 Filed 6-5-98; 8:45 am]

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