[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70663-70664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33837]
[[Page 70663]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-197-1-9834a; FRL-6205-1]
Approval and Promulgation of Revisions to the Tennessee State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to Paragraph 1200-3-18-.83(1) of
the Tennessee State Implementation Plan (SIP). The revisions address
how to determine the efficiency of Volatile Organic Compound (VOC)
capture systems.
DATES: This direct final rule is effective on February 22, 1999 without
further notice, unless EPA receives adverse comment by January 21,
1999. If EPA receives adverse comments, 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 Michele
Notarianni at the EPA, Region 4 Air, Pesticides, and Toxics Management
Division, 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 TN 197. The Region 4 office may have additional
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, Pesticides, and
Toxics Management Division, Air Planning Branch, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-3104. Michele Notarianni, (404) 562-9031.
Tennessee Department of Environment and Conservation, Division of
Air Pollution Control, L & C Annex, 9th Floor, 401 Church Street,
Nashville, Tennessee 37243-1531. Phone number: (615) 532-0554.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni at (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving revisions to Paragraph 1200-3-18-.83(1) of the
Tennessee SIP. These revisions are as follows.
Change the primary reference source for capture efficiency
test requirements and specifications to EPA's Capture Efficiency
Testing Guidance dated January 9, 1995;
Specify where to access EPA's guidance document; and
Require EPA's approval for alternate methods or procedures
other than those specified in EPA's guidance in addition to the
approval of the Technical Secretary of Tennessee's Air Pollution
Control Board.
The State of Tennessee must make this rule change to gain approval
of Tennessee's VOC regulations to meet requirements under Section
182(b)(2) of the Clean Air Act. Section 182(b)(2) requires states to
submit rule revisions requiring implementation of reasonably available
control technology (RACT) for certain VOC sources. (These requirements
are commonly referenced as ``VOC RACT Catch-Ups.'') The State of
Tennessee submitted the revisions to its air pollution control
regulations through the Tennessee Air Pollution Control Board on May 8,
1997, after holding a public hearing on September 17, 1996, and
securing Board approval.
II. Analysis of State's Submittal
EPA is approving the State of Tennessee's rule revisions because
the revisions correct the references to capture efficiency test
requirements and specifications to meet the final EPA requirements,
making these requirements fully approvable.
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 February 22,
1999 without further notice unless the Agency receives relevant adverse
comments by January 21, 1999.
If the EPA receives such comments, then EPA will publish a notice
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 February 22,
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 E.O. 12875
do not apply to this rule.
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,
[[Page 70664]]
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 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. This action does not involve
or impose any requirements that affect Indian Tribes. 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).
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. 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 February 22, 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,
Incorporation by reference, Intergovernmental relations, Ozone.
Dated: November 3, 1998.
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 52.2220, is amended by adding paragraph (c)(163) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(163) Revisions to the Tennessee Air Pollution Control Regulations
submitted on May 8, 1997.
(i) Incorporation by reference.
Paragraph (1) of Rule 1200-3-18-.83 TEST METHODS AND COMPLIANCE
PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND
MONITORING REQUIREMENTS effective on April 15, 1997.
(ii) Other material. None.
[FR Doc. 98-33837 Filed 12-21-98; 8:45 am]
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