Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Nashville/Davidson County Portion of the Tennessee SIP Regarding Control of Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN -201-9828a; FRL-6169-6]

Approval and Promulgation of Implementation Plans; Tennessee:

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

Tennessee SIP Regarding Control of Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Nashville/Davidson County

portion of Tennessee's State Implementation Plan (SIP) concerning

regulatory revisions for control of volatile organic compounds. This

regulatory revision to the Metropolitan Nashville and Davidson County,

Tennessee's portion of the SIP establishes the emission standard for

stationary sources of volatile organic compounds located in Davidson

County, Tennessee. The revisions were submitted to EPA on July 23,

1997, by the State of Tennessee through the Tennessee Department of Air

Pollution Control (TDAPC).

DATES: This direct final rule is effective December 7, 1998 without

further notice, unless EPA receives adverse comment by November 9,

1998. If EPA receives adverse comment, we will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: You should address comments on this action to Gregory O.

Crawford at the Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.

Copies of documents related to this action are available for the

public to review during normal business hours at the locations below.

If you would like to review these documents, please make an appointment

with the appropriate office at least 24 hours before the visiting day.

Reference file TN201-01-xxxx. 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, Gregory O. Crawford, (404)

562-9046.

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. Metropolitan

Government of Nashville and Davidson County, Metropolitan Health

Department, 311-23rd Avenue, North, Nashville, Tennessee 37203, (615)

340-5653.

FOR FURTHER INFORMATION CONTACT: Gregory O. Crawford at (404) 562-9046

or E-mail ([email protected]).

SUPPLEMENTARY INFORMATION:

I. Background

On November 10, 1994, EPA raised the issue that the exemption in

Regulation No. 7, Section 7-16, ``Emission Standards for Surface

Coating of Miscellaneous Metal Parts and Products,'' Subparagraph

(c)(1), was inconsistent with EPA's Guidelines for ``Control of

Volatile Organic Compounds Emissions from Stationary Sources, and

therefore, EPA could not approve this provision.

II. Analysis of State's Submittal

In an attempt to correct the deficiency, the State of Tennessee

submitted revisions to EPA on July 23, 1997, to amend regulation No. 7,

``Regulation for Control of Volatile Organic Compounds, Sections 7-16,

Emission Standards for Surface Coating of Miscellaneous Metal Parts and

Products'' of the Nashville/Davidson County portion of the Tennessee

SIP (Nashville SIP).

From the July 23, 1997, submittal EPA is approving rule revisions

to section 7-16(a), 7-16c(11), 7-16(d), and 7-16(f). The revisions are

consistent with EPA guidance and are therefore being approved. The

revisions are as follows:

Section 7-16(a) adds the definition of ``heavy-duty truck

touchup.''

Section 7-16(d)(6) is renumbered to (d)(7), and a new paragraph

(d)(6) is added to establish the maximum volatile organic compound

emission limits for heavy duty truck touchups. This limit is consistent

with EPA guidelines.

Section 7-16(c)(11) is deleted. The definition for heavy-duty truck

touchup is now in section 7-16(a), and the new maximum volatile organic

compound limit is in Section 7-16(d).

Section 7-16(f) renumbers Paragraphs (f) and (g) to (g) and (h). It

also adds a new paragraph (f) that gives the average VOC content limit

for owners or operators of miscellaneous metal parts coating lines that

apply multiple coatings during the same day.

III. Final Action

EPA is approving the aforementioned changes to the SIP. 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 December 7, 1998

without further notice unless the Agency receives relevant adverse

comments by November 9, 1998.

If the EPA receives such comments, then EPA will publish a document

[[Page 54054]]

withdrawing the final rule and informing the public that the rule will

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. Only parties interested in

commenting should do so at this time. If no such comments are received,

the public is advised that this rule will be effective on December 7,

1998 and no further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on state, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, representatives of Indian tribal governments

``to provide meaningful and timely input in the development of

regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. To the

extent that the area must adopt new regulations, based on its

attainment status, EPA will review the effect of those actions on small

entities at the time the State submits those regulations. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

E. Unfunded Mandates

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.

F. Submission to Congress and the Comptroller General

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).

G. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``'economically significant''' as defined under

Executive Order 12866, and (2) concerns an environmental health or

safety risk that EPA has reason to believe may have a disproportionate

effect on children. If the 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 because it is does not

involved decisions intended to mitigate environmental health or safety

risks.

H. 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 December 7, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this 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

an action. This action may not be challenged later in proceedings to

enforce its requirements. (See section 307(b)(2).) EPA encourages

interested parties to comment in response to the proposed redesignation

rather than petition for judicial review, unless the objection arises

after the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: September 8, 1998.

A. Stanley Meiburg,

Acting Regional Administrator Region 4.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

[[Page 54055]]

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)(162) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

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

Tennessee State Implementation Plan submitted to EPA by the State of

Tennessee on July 23, 1997, concerning regulatory revisions for control

of volatile organic compounds.

(i) Incorporation by reference. Regulation No.7, Section 7-16,

effective July 9,1997.

(ii) Other material. None.

[FR Doc. 98-26893 Filed 10-7-98; 8:45 am]

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