Approval and Promulgation of Implementation Plans Tennessee: Approval of Revisions to the Tennessee SIP Regarding National Emission Standards for Hazardous Air Pollutants and Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-207-1-9924a; TN-214-1-9925a; FRL-6379-4]

Approval and Promulgation of Implementation Plans Tennessee:

Approval of Revisions to the Tennessee SIP Regarding National Emission

Standards for Hazardous Air Pollutants and Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to Rule 1200-3-2-.01 and Rule

1200-3-9-.01 of the Tennessee State Implementation Plan (SIP) that were

submitted to EPA by the Tennessee Department of Air Pollution Control

(TDAPC), on June 16, 1998 and February 11, 1999. Rule 1200-3-2-.01 is

revised to include a definition for national emission standards for

hazardous air pollutants (NESHAPs). Rule 1200-3-9-.01 is revised to

incorporate by reference the definition for volatile organic compounds

(VOCs) contained in 40 CFR part 51, subpart F.

DATES: This direct final rule is effective September 17, 1999 without

further notice, unless EPA receives adverse comment by August 18, 1999.

If adverse comment is received, EPA 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: All comments should be addressed to: Allison Humphris at the

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

Georgia 30303.

Copies of the state submittal(s) are available at the following

addresses for inspection during normal business hours:

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 30303-8960. 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.

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

SUPPLEMENTARY INFORMATION:

I. Background

The EPA is approving revisions to Rules 1200-3-2-.01 and 1200-3-

9-.01 of the Tennessee SIP. Rule 1200-3-2-.01 is amended to include a

subparagraph establishing a definition for NESHAPs. Rule 1200-3-9-.01

is revised to incorporate by reference an updated definition for VOCs

contained in 40 CFR part 51, subpart F.

II. Analysis of State's Submittal

Rule 1200-3-2-.01 is being amended to include the following

definition for NESHAPs: ``standards for the emissions of hazardous air

pollutants promulgated by the Administrator of the Environmental

Protection Agency and published in the Federal Register.'' The purpose

for this addition is to ensure that the Tennessee SIP includes an

accurate description of these emission standards, which are applied to

new major sources and modifications through implementation of the

construction permitting programs that were approved into the SIP via

Rule 1200-3-2.

The definition for VOCs in Rule 1200-3-9-.01 is revised to be

consistent with the definition for this term that was approved by EPA

on October 8, 1996 (61 FR 52848). The revision adds HFC 43-10mee and

HCFC 225ca and cb to the list of compounds excluded from the definition

of VOCs on the basis that these compounds have negligible contribution

to tropospheric ozone formation. The definition is revised for use in

preparing SIPs to attain the National Ambient Air Quality Standard

(NAAQS) for ozone under Title I of the Clean Air Act.

III. Final Action

EPA is approving the aforementioned changes to the SIP because they

are consistent with Clean Air Act and EPA requirements.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register

[[Page 38581]]

publication, EPA is publishing a separate document that will serve as

the proposal to approve the SIP revision should adverse comments be

filed. This rule will be effective September 17, 1999 without further

notice unless the Agency receives adverse comments by August 18, 1999.

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

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. 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 September 17, 1999 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 Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 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, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to 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 any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 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 Executive

Order 12875 do not apply to this rule.

C. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly 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, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to 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, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

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 Executive Order 13084 do not apply to this rule.

D. 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 E.O.

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 does not involve

decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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

annual 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 annual 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.

[[Page 38582]]

G. 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).

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 September 17, 1999. 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,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: June 14, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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(c) is amended by revising the entries for

Section 1200-3-2-.01 and Section 1200-3-9-.01 to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA Approved Tennessee Regulations for Tennessee

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EPA approval

State citation Title/subject Adoption date date Federal Register notice

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Section 1200-3-2-.01......... General Definitions.............. 07/29/93 7/19/99......... [64 FR 38582

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Section 1200-3-9-.01......... Construction Permits............. 01/26/99 7/19/99......... [64 FR 38582

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[FR Doc. 99-18043 Filed 7-16-99; 8:45 am]

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