Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Knox County Portion of the Tennessee SIP Regarding Use of LAER for Major Modifications and Revisions to the Tennessee SIP Regarding the Coating of Miscellaneous Metal Parts

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-158-2-9942(a); TN-211-1-9943(a); TN-215-1-9944(a); TN-221-1-

9945(a); FRL-6452-8]

Approval and Promulgation of Implementation Plans; Tennessee:

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

Regarding Use of LAER for Major Modifications and Revisions to the

Tennessee SIP Regarding the Coating of Miscellaneous Metal Parts

AGENCY: Environmental Protection Agency (EPA).

[[Page 59626]]

ACTION: Direct final rule.

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SUMMARY: The EPA is acting on revisions to Section 46.2 and 46.3.A. of

the Knox County portion of the Tennessee State Implementation Plan

(SIP) which were submitted by the Tennessee Department of Air Pollution

Control (TDAPC), on May 23, 1995, and November 13, 1998, for purposes

of revising the definition for Volatile Organic Compounds (VOC) and

requiring the use of Lowest Achievable Emission Rate (LAER) for major

modifications to existing sources of VOC. The EPA is also approving

revisions to the Tennessee SIP which were submitted by TDAPC on

February 12, 1999, and May 17, 1999, for purposes of revising Rule

1200-3-18-.20 (Coating of Miscellaneous Metal Parts) to include a

standard for the touch-up of heavy-duty trucks and revise the

definition of ``high performance architectural coating.''

DATES: This direct final rule is effective January 3, 2000 without

further notice, unless EPA receives adverse comment by December 3,

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

Knox County Department of Air Quality Management, City-County Building,

Room 339, 400 West Main Street, Knoxville, Tennessee, 37902-2405. 423/

215-2488

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

SUPPLEMENTARY INFORMATION:

I. Background

A. Knox County SIP Revisions

The EPA is approving the most recently received revisions to

Section 46.2 (Definitions) and Section 46.3 (Regulation of Volatile

Organic Compounds/Standards for New Sources) of the Knox County Portion

of the Tennessee SIP, which were submitted by TDAPC on November 13,

1998. Section 46.2.A.34 is being revised to incorporate by reference

the definition for VOC contained in 40 CFR Part 51 Subpart F. The

existing paragraph A of Section 46.3 requires all new major VOC sources

and all modifications to existing major VOC sources to use LAER. On May

23, 1995, TDAPC submitted a revision to this paragraph that allowed

director's discretion in determining whether or not to apply LAER to

modifications to existing major VOC sources. On November 13, 1998,

following EPA notification that this revision was unapprovable, TDAPC

submitted replacement language for Section 46.3.A that requires use of

LAER for all new VOC sources and all major modifications to existing

VOC sources. EPA is taking action on both submittals by approving the

most recently submitted revision.

B. Tennessee SIP Revisions

The EPA is also approving revisions to Rule 1200-3-18-.20 (Coating

of Miscellaneous Metal Parts) of the Tennessee SIP which were submitted

on February 12, 1999, and May 17, 1999. The February 12, 1999,

submittal amends Rule 1200-3-18-.20(2) and (3)(b) to include a

definition and an emission limit for ``heavy-duty truck touch-up.'' The

May 17, 1999, submittal revises the definition for ``High Performance

Architectural Coating'' contained in Rule 1200-3-18-.20(2). The

revisions also include appropriate renumbering of the definitions

section of the rule.

II. Analysis of State's Submittal

A. Knox County SIP Revisions

Section 46.2.A.34 is amended to revise the definition for VOC by

exempting 16 compounds (per 62 FR 44900) and methyl acetate (per 63 FR

17331) from regulation as VOC due to EPA's determination that they do

not contribute significantly to ozone formation. Section 46.3.A is

being revised to ensure that the Knox County Portion of the Tennessee

SIP contains requirements for applying LAER to VOC sources that: (i)

Are at least as stringent as the existing local SIP requirements, (ii)

will help to ensure Knox County's maintenance of the National Ambient

Air Quality Standard (NAAQS) for ozone, and (iii) are consistent with

Clean Air Act (CAA) requirements. The language being approved by this

notice is as stringent as existing local SIP requirements, since it

will require use of LAER for all major modifications, instead of

allowing director's discretion to determine the appropriate controls.

The language is also consistent with Section 173(a)(2) of the CAA and

Chapter 1200-3-9-.01(5)(b)2.(iii) of the Tennessee SIP, both of which

specify that new or modified major stationary sources located in a

nonattainment area must comply with LAER in order to be issued

construction or operating permits. Knox County is currently a

maintenance area for the one-hour ozone NAAQS. However, Section 46 was

contained in the SIP while the county was designated nonattainment for

ozone. Implementation of Section 46 requirements was therefore critical

to Knox County's attainment of the ozone NAAQS in 1991, as explained in

EPA's September 27, 1993 redesignation notice (58FR50271).

B. Tennessee SIP Revisions

Several changes and additions to Rule 1200-3-18-.20 are being

approved by this notice. The first revision, submitted February 12,

1999, establishes an emission limit of 4.8 pounds per gallon for

``heavy-duty truck touch-up'' that satisfies Reasonably Available

Control Technology (RACT) requirements. As noted in August 15, 1996,

correspondence from EPA to Tennessee, this limit is consistent with

EPA's guidance on final repair, as specified in the Control Technology

Guideline (CTG) document: Control of Volatile Organic Emissions from

Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils,

Paper, Fabrics, Automobiles and Light-Duty Trucks (May 1977). This

submittal also addresses EPA's disapproval (60FR10504) of a previous

revision of this chapter that included a less stringent emission limit

for ``heavy-duty truck touch-up.'' This disapproval was part of an

action in which EPA approved the majority of SIP revisions submitted by

Tennessee on May 18, 1993, to satisfy RACT ``Catch Up'' requirements

contained in the amended CAA.

The second revision, submitted May 17, 1999, revises the definition

for ``High Performance Architectural Coating'' by deleting language

that limits the applicability of this standard to a specific county.

Upon EPA approval of this revision, the emission limit of 6.2 pounds

per gallon for this coating type,

[[Page 59627]]

as provided in 1200-3-18-.20(3), will become applicable to all

Tennessee counties. This limit is consistent with the National Volatile

Organic Compound Emission Standards for Architectural Coatings--Final

Rule (63 FR 48848), which specifies a maximum allowable VOC content of

6.7 pounds per gallon for extreme high durability coatings.

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 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 January 3, 2000

without further notice unless the Agency receives adverse comments by

December 3, 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 January 3, 2000 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 Orders on Federalism

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.

On August 4, 1999, President Clinton issued a new executive order

on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),]

which will take effect on November 2, 1999. In the interim, the current

Executive Order 12612 [52 FR 41685 (October 30, 1987)] on federalism

still applies. This rule will not have a substantial direct effect on

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 12612.

The rule affects only one State, and does not alter the relationship or

the distribution of power and responsibilities established in the Clean

Air Act.

C. 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.

D. 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, E.O. 13084 requires EPA to develop an effective

process permitting elected 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 E.O. 13084 do not apply to this rule.

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).

[[Page 59628]]

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.

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. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major'' rule as defined by 5 U.S.C.

804(2).

H. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. 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 January 3, 2000. 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, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: September 23, 1999.

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 52.2239(c), is amended by adding paragraph (c)(168) to

read as follows:

Sec. 52.2239 Original identification of plan section.

* * * * *

(c) * * *

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

implementation plan submitted to EPA by the State of Tennessee on

November 13, 1998, concerning VOC and use of LAER for major

modifications to existing sources were approved.

(i) Incorporation by reference.

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

Regulation ``Volatile Organic Compounds/Definitions'' effective

November 10, 1998.

(B) Section 46.3.A of the Knox County Air Pollution Control

Regulation ``Volatile Organic Compounds/Standards for New Sources''

effective November 10, 1998.

(ii) Other material. None.

3. Section 52.2220(c) is amended by revising the entry for Section

1200-3-18-.20 to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

EPA Approved Tennessee Regulations for Tennessee

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Adoption Federal Register

State citation Title/subject date EPA approval date notice

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

Chapter 1200-3-18................ Volatile Organic

Compounds.

* * * * * *

*

Section 1200-3-18-.20............ Coating of 01/26/99 November 3, 1999.... [Insert citation of

Miscellaneous Metal this Federal

Parts. Register Notice

when published]

* * * * * *

*

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[[Page 59629]]

[FR Doc. 99-27195 Filed 11-2-99; 8:45 am]

BILLING CODE 6560-50-P