[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59625-59629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27195]
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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
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* * * * * *
*
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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[FR Doc. 99-27195 Filed 11-2-99; 8:45 am]
BILLING CODE 6560-50-P
