[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Rules and Regulations]
[Pages 32688-32691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15851]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-128-6763a; TN-166-9634a; TN-180-9712a; TN-182-9713a; FRL-5841-4]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Nashville/Davidson County Portion of the
Tennessee SIP Regarding New Source Review, Volatile Organic Compounds
and Emergency Episodes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is acting on revisions to the Nashville/
Davidson County (Nashville) portion of the Tennessee State
Implementation Plan (SIP) which were submitted to EPA by Tennessee,
through the Tennessee Department of Air Pollution Control (TDAPC), on
December 17, 1993, April 2, 1996, September 20, 1996, and November 14,
1996. The EPA is approving these revisions to the Nashville regulations
regarding new source review (NSR), volatile organic compounds (VOC) and
emergency episodes with the exception of revisions to 7-17(c)(4)(ii)
and 7-17(c)(4)(iii) which are being disapproved. The revisions to
sections 7-17(c)(4)(ii) and 7-17(c)(4)(iii) are being disapproved
because the revisions contain emission limits which would relax the
currently approved emission limits for certain operations in the
manufacture of pneumatic rubber tires.
DATES: This final rule is effective August 18, 1997 unless adverse or
critical comments are received by July 17, 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 files TN128-01-6763, TN166-01-9634, TN180-01-
9712, and TN182-01-9713. 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:
Amendments to Nashville Regulation Number 3 ``New Source Review''
On April 2, 1996, (reference file TN166), September 18, 1996,
(reference file TN180), and November 14, 1996, (reference file TN182),
Tennessee submitted revisions to regulation number 3 ``New Source
Review'' of the Nashville/Davidson County portion of the Tennessee SIP
(Nashville SIP). These revisions amended regulation number 3 as
follows.
Section 3-1 ``Definitions''
The definition of ``municipal solid waste (MSW) landfill
emissions'' was added and the definition of ``significant'' was revised
to contain an MSW landfill emissions level of 50 tons per year (tpy).
In addition, the definition of ``volatile organic compound'' was
revised to incorporate by reference the definition contained in 40 CFR
part 51, subpart F.
Section 3-3 ``Prevention of Significant Deterioration (PSD) Review''
Section 3-3(f) was revised by deleting references to supplements to
Appendix W of 40 CFR part 51 which contain the ``Guideline on Air
Quality Models.'' This revision was prompted by the addition of a third
supplement to this appendix. The intention of the Nashville agency is
to utilize the entire guideline including all present and future
supplements.
Amendments to Nashville Regulation Number 7 ``Regulation for the
Control of Volatile Organic Compounds''
On October 30, 1996, EPA approved the State of Tennessee's request
to redesignate the five county Nashville ozone nonattainment area to
attainment. One of the requirements for this approval was for the State
to have a fully approved SIP for ozone control in the five county area.
By approving the ozone redesignation request EPA determined that the
State of Tennessee had a SIP in place which was applicable in the
entire five county area, including Davidson County, and met all EPA
ozone requirements. The revisions which follow revise only Nashville/
Davidson County's portion of the Tennessee SIP, not the State's SIP. In
any areas where the Nashville/Davidson County SIP is less stringent or
has been disapproved, the State SIP applies.
On December 17, 1993, (reference file TN128), April 2, 1996,
(reference file TN166), September 18, 1996, (reference file TN180), and
November 14, 1996, (reference file TN182), Tennessee submitted
revisions to regulation number 7 ``Regulation for the Control of
Volatile Organic Compounds'' of the Nashville/Davidson County portion
of the Tennessee SIP (Nashville SIP). Some of the proposed revisions
were submitted to meet the 1990 Clean Air Act (CAA) requirements for
VOC reasonably available control technology (RACT) commonly referred to
as the ``VOC RACT Catch-Ups.'' The four submittals revised Nashville's
regulation number 7 as follows.
[[Page 32689]]
Section 7-1 ``Definitions''
The definition of ``volatile organic compound'' was revised to
incorporate by reference the definition contained in 40 CFR part 51,
subpart F.
Section 7-2 ``General Provisions and Applicability''
In the first submittal (reference file TN128), the section which
was previously titled ``Prohibited Act'' was deleted in its entirety
and replaced with the revised section 7-2 ``General Provisions and
Applicability.'' In a later submittal, paragraph (b) of this section
was deleted in its entirety and replaced with a new paragraph (b) which
more clearly provided the process for determining more restrictive
emission limits upon mutual agreement of the Director and the source.
In addition, the emission statement contained in paragraph (g) of this
section was amended to require that an ``official'' of the company
certify emission statement reports and to require reporting of both
nitrogen oxide (NOX) and VOC emissions.
Section 7-4 ``Compliance, Certification, Recordkeeping and Reporting
Requirements''
The revision to this section deleted the previous section 7-4
``Circumvention'' and replaced it with section 7-4 ``Compliance,
Certification, Recordkeeping and Reporting Requirements'' which
provided requirements for sources to gather data demonstrating
compliance and maintain records for a minimum of three years.
Section 7-5 ``Emission Standards for Coil Coating''; Section 7-6
``Emission Standards for Paper Coating''; Section 7-7 ``Emission
Standards for Fabric and Vinyl Coating''; Section 7-8 ``Emission
Standards for Metal Furniture Coating''; and Section 7-9 ``Emission
Standards for Surface Coating of Large Appliances''
The proposed revisions to these sections add definitions for coil,
coil coating line, coil coating operation, metal furniture, metal
furniture coating line, and large appliance coating line. In addition,
each of the above sections are revised to provide an emission limit
which states that the regulation does not apply to sources with actual
VOC emissions less than 15 pounds per day or potential VOC emissions
less than 10 tons per year for each of the source categories. These
revisions are consistent with EPA guidance and are therefore being
approved.
Section 7-10 ``Petroleum Liquid Storage''
This section was revised by changing all references of ``petroleum
liquid storage'' to ``volatile organic liquid storage.'' In addition,
definitions for ``storage vessel,'' ``true vapor pressure,'' and
``volatile organic liquid'' were added and requirements for petroleum
liquid storage were revised to be consistent with EPA guidance on
volatile organic liquid storage.
Section 7-16 ``Emission Standard for Surface Coating of Miscellaneous
Metal Parts and Products''
The revisions to section 7-16 were to section 7-16(a), 7-16(c), and
7-16(d). The revisions are consistent with EPA guidance and are
therefore being approved. The revisions are discussed as follows.
Section 7-16(a)
This section was revised to add definitions for drum, high
performance architectural coating, miscellaneous parts and products,
pail, and refinishing.
Section 7-16(c)
Nashville deleted the current paragraph 7-16(c) and replaced it
with a new 7-16(c) adding an emission limit which states that the
regulation does not apply to sources with actual VOC emissions less
than 15 pounds per day or potential VOC emissions less than 10 tons per
year and ten categories which may be exempt from this requirement.
Section 7-16(d)
This section was revised to specify emission limits for high
performance architectural coating, clear coating, steel pail and drum
interior, air-dried coating, extreme performance coating, and all other
coatings.
Section 7-17 ``Manufacture of Pneumatic Rubber Tires''
Paragraph (9) of section (a) was added to provide a definition for
``sidewall cementing operation.'' Paragraphs (3) and (6) of section (c)
were deleted and all paragraphs were renumbered accordingly. EPA is
approving the above mentioned revisions because they are consistent
with EPA guidance. In addition, it was proposed that paragraph (5)
(renumbered as paragraph (4)) be deleted and replaced with a revised
paragraph. However, because the limits specified in the revised
paragraph were greater than the previous limits and therefore less
stringent than the existing SIP and because Nashville has not provided
a demonstration that this relaxation of the SIP would not adversely
affect their attainment and maintenance of the ozone standard, EPA is
disapproving the revisions to the currently SIP approved limits
specified in 7-17(c)(4)(ii) and 7-17(c)(4)(iii). EPA provided comments
to Nashville concerning this deficiency in letters dated November 10,
1994, May 3, 1995, and August 29, 1995. However, to date EPA has not
received an official submittal addressing this deficiency, and
therefore, the emission limits as contained in the Nashville/Davidson
County regulations are deficient and the current federally approved
emission limits as contained in the SIP remain 4.6 grams per tire for
tread-end cementing and 2.1 grams per tire for bead dipping.
Section 7-19 ``Perchloroethylene Dry Cleaning''
This section was deleted in its entirety after perchloroethylene
was exempted from regulation as a VOC due to the determination by EPA
(see 61 FR 4588--February 7, 1996) that perchloroethylene has
negligible photochemical reactivity and does not significantly
contribute to the formation of ozone. However, perchloroethylene
continues to be regulated as a hazardous air pollutant and is subject
to Maximum Available Control Technology (MACT) requirements under title
III of the CAA.
Section 7-20 ``Petroleum Solvent Dry Cleaners''
This new chapter was added to regulate petroleum solvent dry
cleaners. EPA is approving the addition of this new section because the
provisions of this rule are consistent with EPA requirements for
petroleum solvent dry cleaners. This rule applies to all petroleum
solvent dry cleaners in Davidson County. However, any petroleum solvent
dry cleaner that consumes less than 32,500 gallons of petroleum solvent
per year is only subject to the recordkeeping requirements.
Section 7-21 ``Petroleum Liquid Storage in External Floating Roof
Tanks''
This section was revised by changing all references of ``petroleum
liquid storage'' to ``volatile organic liquid storage.'' In addition, a
definition for ``volatile organic liquid'' was added and requirements
for petroleum liquid storage in external floating roof tanks were
revised to be consistent with EPA guidance on volatile organic liquid
storage in external floating roof tanks.
[[Page 32690]]
Section 7-22 ``Leaks from Synthetic Organic Chemical, Polymer, and
Resin Manufacturing Equipment''
EPA is approving the addition of this new section. This section
regulates leaks from synthetic organic chemical, polymer, and resin
manufacturing equipment. The chapter is consistent with EPA guidance
for this source category and applies to all equipment in VOC service in
any process unit at a synthetic organic chemical, polymer, and resin
manufacturing facility.
Section 7-23 ``Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturer's Industry''
EPA is approving the renumbering of the previously numbered section
7-23 titled ``Special Provisions of New Volatile Organic Compound
Sources and Modifications'' to section 7-26. EPA is also approving the
addition of this new section 7-23. The new section 7-23 entitled, ``Air
Oxidation Processes in the Synthetic Organic Chemical Manufacturer's
Industry'' has been determined to be consistent with EPA guidance for
this source category. This section applies to the following oxidation
facilities: each air oxidation reactor not discharging its vent stream
into a recovery system; each combination of an air oxidation reactor
and the recovery stream into which its vent stream is discharged; and
each combination of two or more air oxidation reactors and the common
recovery system into which their vent streams are discharged.
Section 7-24 ``Test Methods and Procedures''
EPA is approving revisions to this section submitted on December
17, 1993, (reference file TN128) and September 18, 1996, (reference
file TN180). These revisions contain internal and external quality
assurance (QA) program requirements, on-site sampling test report
requirements, additional procedures for determining VOC content,
provisions for determination of alternative compliance methods for
surface coating operations, and leak detection methods for VOCs and add
provisions for determining capture efficiency consistent with the EPA
guidance issued on January 9, 1995.
Section 7-25 ``Record Keeping and Reporting Requirements''
EPA is approving the deletion of this section. All requirements
previously contained in this section are now contained in section 7-4
``Compliance Certification, Recordkeeping and Reporting Requirements.''
Section 7-27 ``Handling, Storage, Use, and Disposal of Volatile
Organic Compounds (VOC)''
EPA is approving the addition of this new section which contains
provisions that minimize the emission of VOCs from handling, storage,
use and disposal of VOCs. This section applies to facilities which
contain any source subject to any other section of the VOC regulation
with the exception of any VOC material containing VOC emitted in
compliance with any other section of the VOC regulation and waste paint
handling systems, water treatment systems, and other similar operations
at coating and printing facilities using complying coatings and/or
inks.
Section 7-28 ``Surface Coating of Plastic Parts''
EPA is approving the addition of this new section which contains
emission limits, control requirements, and compliance, certification,
recordkeeping, and reporting requirements for operations which perform
the surface coating of plastic parts. The requirements of this section
are consistent with the EPA Alternative Control Techniques Document for
this source category. This section applies to any plastic parts coating
line whose potential to emit VOCs from all plastic parts coating lines
within the facility is greater than 25 tons of VOC per year and coats
plastic components for automotive equipment, business machines, medical
equipment housings, entertainment equipment housings, and miscellaneous
plastic parts.
Addition of New Regulation Number 11 ``Emergency Episode Regulation''
EPA is approving the addition of this new regulation which was
submitted to EPA on November 14, 1996, (reference file TN182) because
it is consistent with the requirements of 40 CFR part 51, subpart H
``Prevention of Air Pollution Emergency Episodes.'' Regulation number
11 establishes criteria to prevent undesirable levels of air
contaminants during adverse meteorological conditions. It provides the
levels to determine air pollution alerts, air pollution warnings, and
air pollution emergencies and requires emission reductions to achieve
during these episodes.
Final Action
The EPA is approving the aforementioned revisions because they are
consistent with federal requirements with the exception of the
revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which are being
disapproved for the reasons stated in the Supplementary Section of this
notice. 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 August 18, 1997 unless, by July 17, 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 notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
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 August 18, 1997 unless,
within 30 days of its publication, adverse or critical comments are
received.
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 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
[[Page 32691]]
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).
EPA's disapproval of the State request under section 110 and
subchapter I, part D of the CAA does not affect any existing
requirements applicable to small entities. Any pre-existing federal
requirements remain in place after this disapproval. Federal
disapproval of the state submittal does not affect its state-
enforceability. Moreover, EPA's disapproval of the submittal does not
impose any new Federal requirements. Therefore, EPA certifies that this
disapproval action does not have a significant impact on a substantial
number of small entities because it does not remove existing
requirements and impose any new Federal requirements.
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 section 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
section 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 18, 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,
Reporting and recordkeeping requirements
Dated: May 14, 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
2. Section 52.2220, is amended by adding paragraph (c)(153) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(153) Revisions to Nashville/Davidson County portion of the
Tennessee state implementation plan submitted to EPA by the State of
Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and
November 14, 1996, concerning new source review (NSR), control of
volatile organic compounds (VOC), and emergency episodes with the
exception of the revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which
were disapproved.
(i) Incorporation by reference.
(A) Nashville/Davidson County Air Pollution Control Regulation
number 3 ``New Source Review'' sections 3-1(y), 3-1(hh), 3-1(jj), and
3-2(f), effective November 13, 1996.
(B) Nashville/Davidson County Air Pollution Control Regulation
number 7 ``Regulation for the Control of Volatile Organic Compounds''
sections 7-1(mm), 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-16(a), 7-
16(c) {except section 7-16(c)(11)}, 7-16(d), 7-17(a)(9), 7-17(c)
{except 7-17(c)(4)(ii), and 7-17(c)(4)(iii)}, 7-20, 7-21, 7-22, 7-23,
7-24, 7-26, 7-27, and 7-28, effective November 13, 1996.
(C) Nashville/Davidson County Air Pollution Control Regulation
number 11 ``Emergency Episode Regulation'' effective November 13, 1996.
(ii) Other material. None.
[FR Doc. 97-15851 Filed 6-16-97; 8:45 am]
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