[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Pages 10504-10508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4539]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN 110-1-6172a; FRL-5143-9]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Tennessee Chapter on Volatile Organic
Compounds (VOC)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is acting on revisions to the Tennessee
State Implementation Plan (SIP) which were submitted on May 18, 1993,
by Tennessee, through the Tennessee Department of Air Pollution Control
(TDAPC), and contained revisions to chapter 1200-3-18 ``Volatile
Organic Compounds (VOC).'' Due to the significance of the revisions,
this revised chapter was submitted to replace the current chapter 1200-
3-18. These revisions were made to satisfy the VOC Reasonably Available
Control Technology (RACT) ``Catch-Up'' requirements contained in the
amended Clean Air Act (CAA). EPA is granting conditional approval, full
approval or disapproval of the revisions as explained in detail in the
Supplementary Information section of this document.
DATES: This final rule will be effective April 28, 1995 unless adverse
or critical comments are received by March 29, 1995. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to: William Denman
Stationary Source Unit, Regulatory Planning and Development Section,
Air Programs Branch, Air, Pesticides & Toxics Management Division,
Region 4 Environmental Protection Agency, 345 Courtland Street, NE.,
Atlanta, Georgia 30365
Copies of the material submitted by the State of Tennessee may be
examined during normal business hours at the following locations:
[[Page 10505]] 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 Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
Division of Air Pollution Control, Tennessee Department of Environment
and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,
Tennessee 37243-1531.
FOR FURTHER INFORMATION CONTACT: William Denman, Stationary Source
Planning Unit, Regulatory Planning and Development Section, Air
Programs Branch, Air, Pesticides & Toxics Management Division,
Environmental Protection Agency Region 4, 345 Courtland Street, NE.,
Atlanta, Georgia 30365. The telephone number is (404) 347-3555 x4208.
Reference file TN110-1-6172.
SUPPLEMENTARY INFORMATION: On May 18, 1993, Tennessee submitted
revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' of their
SIP to meet the requirements of the 1990 amendments to the CAA. These
requirements are commonly referenced as the ``VOC RACT Catch-Ups.'' Due
to the significance of the revisions, this revised chapter was
submitted to replace the current chapter 1200-3-18 which had been
recently revised to meet the ``VOC RACT Fix-Up'' requirements and was
acted on by EPA by publishing a final rulemaking in the Federal
Register on April 18, 1994. (see 59 FR 18310) EPA is approving the
replacement of the previously federally approved chapter 1200-3-18
except for the following exceptions.
Tennessee failed to submit a rule for the VOC control of
perchloroethylene dry cleaners in the VOC RACT Catch-Up submittal of
May 18, 1993. However, a rule for the control of VOCs from
perchloroethylene dry cleaners was federally approved in 59 FR 18310 on
April 18, 1994. Therefore, the federally approved rule 1200-3-18-.28
``Perchloroethylene Dry Cleaning'' will remain in effect until
Tennessee submits a chapter for incorporation into their revised
chapter 1200-3-18. Tennessee currently has a rule which regulates toxic
emissions from perchloroethylene dry cleaners.
Otherwise, EPA is granting full approval of the submitted revisions
with the exception of section 1200-3-18-.24 ``Gasoline Dispensing
Facilities--Stage I and Stage II Vapor Recovery'' which will be acted
on in a separate document and the following exceptions which are being
granted conditional approval or are being disapproved. The approach
taken for each of the submitted revisions is described below.
Conditional Approvals
EPA is conditionally approving the following revisions to the
Tennessee SIP based upon Tennessee's commitment, in letters dated
October 7, 1994, and December 16, 1994. To make the necessary revisions
to correct the deficiencies identified below by January 1, 1996,
Tennessee held public hearings on its committed revisions on October
19, 1994, and November 21, 1994. At the time of this document, the
revisions committed to by Tennessee have been board approved. The
conditional approval approach has been chosen to allow Tennessee the
necessary time for the revisions to become State effective. If
Tennessee fails to meet its commitment on or before January 1, 1996,
the conditional approval will convert to a disapproval.
On January 15, 1993, in a letter from Patrick M. Tobin to Governor
Ned McWherter, EPA notified the State of Tennessee that EPA had made a
finding of failure to submit required programs for the nonattainment
area. The revised chapter 1200-3-18 ``Volatile Organic Compounds'' was
submitted on May 18, 1993, to satisfy the VOC RACT Catch-Up
requirement. The complete submittal stopped the sanctions clock which
was started on January 15, 1993, and this conditional approval of the
submittal will temporarily stop the Federal Implementation Plan (FIP)
clock which was also started on January 15, 1993. The FIP clock will
stop permanently if the State fulfills its commitment and the EPA takes
final action fully approving the plan. The clock will resume where it
stopped and a new sanctions clock will start if any of the following
occurs where the conditional approval converts to a disapproval. One,
if the State of Tennessee fails to submit anything to meet its
commitment, the clock will resume on the date the letter from the EPA
to the State finding that it had failed to meet its commitment and that
the conditional approval has now been converted to a disapproval. Two,
if the State of Tennessee submits an incomplete SIP submittal to meet
its commitment, the FIP clock will resume on the date that the EPA
sends a letter of incompleteness to the State. Three, if the State
submits a SIP submittal for which the EPA takes a final disapproval
action, the clock resumes on the effective date of the final action.
Additional information on conditional approvals and their effect on
sanctions and FIP clocks can be found in a memorandum entitled,
``Impact of Conditional Approvals on Sanction and Federal
Implementation Plan (FIP) Clocks'', dated July 14, 1993, from D. Kent
Berry, Acting Director, Air Quality Management Division (MD-15) to the
EPA Regional Air Directors.
Rule 1200-3-18-.01(1) ``Definitions'': The definition of ``volatile
organic compound'' lists perchloroethylene as one of the exempt
compounds which have been determined to have negligible photochemical
reactivity. While EPA has proposed to revise the federal definition of
VOC to exclude perchloroethylene, 57 FR 48490 (October 26, 1992), EPA
has not taken final action to do so. Therefore, the State must continue
to regulate perchloroethylene as a VOC until EPA takes final action to
exclude perchloroethylene as a VOC. EPA is conditionally approving the
VOC definition due to the commitment letter referenced above. If
Tennessee fails to delete perchloroethylene from the list of exempt
compounds and EPA has not approved it as an exempt compound after the
commitment date, EPA will disapprove the definition of VOC and the
previously federally approved definition of VOC will become effective.
Rule 1200-3-18-.02 ``General Provisions and Applicability'':
Tennessee's emission statement, given in paragraph (8), does not fully
meet the requirements of section 182(a)(3)(B) of the CAA. If either VOC
or NOX is emitted at or above the minimum required reporting
level, the other pollutant must be included in the emissions statement
even if it is emitted at levels below the specified cutoffs. Also, in
the last sentence of paragraph (8), it is required that the owner or
operator certify the reports. The EPA requirement is that an
``official'' of the company certify the reports and since not all
operators are officials, Tennessee must change ``owner or operator'' to
``official.'' EPA is conditionally approving the emissions statement
due to the commitment letter referenced above. If Tennessee fails to
meet its commitment on or before the date in its commitment letter, the
conditional approval will convert to a disapproval.
Rule 1200-3-18-.06 ``Handling, Storage, and Disposal of Volatile
Organic Compounds (VOC's)'': The phrase ``minimum reasonably
attainable'' used in paragraph (1) must be defined in the general
definitions section. EPA is conditionally approving this revision due
to the commitment letter referenced above. If Tennessee fails to meet
its commitment on or before the date in its commitment letter,
[[Page 10506]] the conditional approval will convert to a disapproval.
Rule 1200-3-18-.33 ``Manufacture of Synthesized Pharmaceutical
Products'': This rule was the subject of a public hearing on March 18,
1993, and was amended by the State after being officially submitted to
EPA. The amended rule was to replace the rule 1200-3-18-.33, officially
submitted on May 18, 1993, in its entirety. To date, EPA has not
received the amended rule 1200-3-18-.33. EPA is granting conditional
approval of rule 1200-3-18-.33 submitted on March 18, 1993, due to the
commitment letter referenced above. If Tennessee fails to meet its
commitment on or before the date in its commitment letter, the
conditional approval will convert to a disapproval.
Rule 1200-3-18-.38 ``Leaks from Synthetic Organic Chemical,
Polymer, and Resin Manufacturing Equipment'': In paragraph (2) of this
rule, the definition of ``(In) light liquid service,'' sets the level
of the concentration of pure component at 20%. This level must be set
at 10% to be consistent with the CTG. EPA is granting conditional
approval of this rule based on Tennessee's commitment to correct this
deficiency. If Tennessee fails to meet its commitment on or before the
date in its commitment letter, the conditional approval will convert to
a disapproval.
Rule 1200-3-18-.39 ``Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins'': The conversion factor K1
in the equation in subparagraph (5)(a)(2) is not correct in the form
expressed in English units. The correct conversion factor is
2.595 x 10-9 lb-mole/dscf. EPA is conditionally approving this
revision due to the commitment letter referenced above which states
that Tennessee will correct the deficiency and will use the correct
conversion factor in the interim. If Tennessee fails to meet its
commitment on or before the date in its commitment letter, the
conditional approval will convert to a disapproval.
Rule 1200-3-18-.86 ``Performance Specifications for Continuous
Emission Monitoring of Total Hydrocarbons'': The conversion factor of
8.638 x 10-4 that was included in the equation in subparagraph
(11)(c) is incorrect and will result in a low bias in total hydrocarbon
emission rates. If the stack flow rate is expressed in cubic feet per
second, the conversion factor K1 shall be 5.183 x 10-2. EPA
is conditionally approving this revision due to the commitment letter
referenced above which states that Tennessee will correct the
deficiency. If Tennessee fails to meet its commitment on or before the
date in its commitment letter, the conditional approval will convert to
a disapproval.
Disapprovals
EPA is disapproving the following revisions to chapter 1200-3-18 of
the Tennessee SIP. Section 110(l) of the CAA provides that EPA shall
not approve a SIP revision if the revision interferes with any
applicable requirements concerning attainment and reasonable further
progress, or any other applicable requirements of the CAA. Section
110(k) of the CAA addresses the situation in which an entire submittal,
or a separable portion of a submittal, meets all applicable
requirements of the CAA. In the case where a separable portion of the
submittal meets all of the applicable requirements, partial approval
may be used to approve that part of the submittal and disapprove the
remainder. Tennessee has begun rulemaking to correct these
deficiencies. In the meantime, the rules are disapproved as described
below.
Rule 1200-3-18-.03 ``Compliance Certification, Recordkeeping, and
Reporting Requirements for Coating and Printing Sources'': As stated in
comment #17 in a letter dated December 14, 1993, from EPA to Tennessee,
subparagraph (2)(b) must state that the alternate longer period be
approved by EPA in addition to the Technical Secretary. Since Tennessee
did not correct this deficiency, EPA is disapproving the proposed rule.
Therefore, the federally enforceable version of this rule will continue
to be the last federally approved rule which is 1200-3-18-.01(5) as
approved in 59 FR 18310 on April 18, 1994.
Rules 1200-3-18-.20 ``Coating of Miscellaneous Metal Parts''; 1200-
3-18-.79 ``Other Facilities that Emit Volatile Organic Compounds
(VOC)'': The exemption in subparagraphs 1200-3-18-.20(1)(b)(2)(vii) and
1200-3-18-.79(1)(d) is not consistent with EPA's guidance on final
repair (see Control of Volatile Organic Emissions from Stationary
Sources, Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks, EPA 450/2-77-008, May 1977), which
recommends a maximum VOC emission rate of 4.8 lbs/gal. Usage of 4.0
gal/day of air-drying materials, as specified in the State rule,
corresponds with a VOC emission rate of approximately 25 lbs/day, which
is more than five times EPA's recommended rate. Therefore, EPA is
disapproving subsections 1200-3-18-.20(1)(b)(2)(vii) and 1200-3-18-
.79(1)(d).
Approvals
Except as noted above, EPA is approving the following revisions to
Tennessee chapter 1200-3-18 ``Volatile Organic Compounds.''
1200-3-18-.01 Definitions: Tennessee consolidated definitions
previously contained throughout the chapter and arranged all
definitions in alphabetical order.
1200-3-18-.02 General Provisions and Applicability: This section
was revised by moving the compliance certification and recordkeeping
requirements to sections 1200-3-18-.03 and .04, adding additional
provisions consistent with the EPA's draft VOC Model Rule and adding
the emission statement for VOC's.
1200-3-18-.03 Compliance Certification, Recordkeeping, and
Reporting Requirements for Coating and Printing Sources and 1200-3-18-
.04 Compliance Certification, Recordkeeping, and Reporting Requirements
for Non-Coating and Non-Printing Sources: These sections were added to
describe in detail the compliance certification, recordkeeping and/or
reporting requirements that had previously been contained in General
Provisions and Applicability.
1200-3-18-.06 Handling, Storage, and Disposal of Volatile Organic
Compounds (VOC's): This section was added to the VOC Chapter to provide
a regulation for the handling, storage, and disposal of VOC's.
1200-3-18-.07 Source Specific Compliance Schedules: This section
was added to give provisions by which an owner or operator of an
existing source can petition for a source-specific compliance schedule.
1200-3-18-.08-.10 These sections were revised to read
``reserved.''
1200-3-18-.22 Bulk Gasoline Plants: This rule was amended to be
consistent with EPA's draft VOC Model Rule and expanded applicability
to the entire Nashville nonattainment area.
1200-3-18-.23 Bulk Gasoline Terminals: This rule was revised to be
consistent with EPA's draft VOC Model Rule which modified the test
methods and procedures and extended the applicability to all counties
in the Nashville nonattainment area.
1200-3-18-.25 Leaks from Gasoline Tank Trucks: This rule was
revised to be consistent with EPA's draft VOC Model Rule which extended
the applicability from trucks loaded or unloaded in Davidson and Shelby
County to any gasoline truck equipped for gasoline vapor collection.
1200-3-18-.26 Petroleum Refinery Sources & 1200-3-18-.27 Leaks
from [[Page 10507]] Petroleum Refinery Equipment: These rules were
revised to be consistent with EPA's draft VOC Model Rule which
clarified the applicability.
1200-3-18-.28 Petroleum Liquid Storage in External Floating Roof
Tanks & 1200-3-18-.29 Petroleum Liquid Storage in Fixed Roof Tanks:
These rules were revised to be consistent with EPA's draft VOC Model
Rule which clarified the recordkeeping requirements.
1200-3-18-.31 Solvent Metal Cleaning: This rule was revised to be
consistent with EPA's draft VOC Model Rule which lowered the
applicability threshold and clarified the compliance requirements.
1200-3-18-.32 Cutback and Emulsified Asphalt: This rule was
revised to eliminate any exemptions to this rule.
1200-3-18-.35 Graphic Arts Systems: This rule was revised to
include weighted average limitations and to clarify recordkeeping and
reporting requirements.
1200-3-18-.79 Other Facilities that Emit Volatile Organic
Compounds (VOC): This rule applies to all VOC sources in the Nashville
nonattainment that have the potential to emit 100 tons or more per
year.
The following rules were added to the VOC chapter to provide
regulations for additional source categories.
1200-3-18-.11 Automobile and Light-Duty Truck Coating Operations
1200-3-18-.30 Leaks from Natural Gas/Gasoline Processing Equipment
1200-3-18-.34 Pneumatic Rubber Tire Manufacturing
1200-3-18-.36 Petroleum Solvent Dry Cleaning
1200-3-18-.38 Leaks from Synthetic Organic Chemical, Polymer, and
Resin Manufacturing Equipment
1200-3-18-.39 Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins
1200-3-18-.40 Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturing Industry
1200-3-18-.86 Performance Specifications for Continuous Emission
Monitoring of Total Hydrocarbons
1200-3-18-.87 Quality Control Procedures for Continuous Emission
Monitoring Systems (CEMS)
The following rules were revised consistent with the EPA's draft
VOC Model Rule. The applicability thresholds were changed from sources
having the potential to emit 25 tons per year or greater in Davidson,
Hamilton, and Shelby Counties, and 100 tons per year or greater in
other counties to those whose maximum theoretical emissions of 10 tons
per year or greater in the five-county Nashville nonattainment area, 25
tons per year or above in Hamilton or Shelby County and 100 tons per
year or greater in all other counties.
1200-3-18-.12 Can Coating
1200-3-18-.13 Coil Coating
1200-3-18-.14 Paper and Related Coating
1200-3-18-.15 Fabric Coating
1200-3-18-.16 Vinyl Coating
1200-3-18-.17 Coating of Metal Furniture
1200-3-18-.18 Coating of Large Appliances
1200-3-18-.19 Coating of Magnet Wire
1200-3-18-.20 Coating of Miscellaneous Metal Parts
1200-3-18-.21 Coating of Flat Wood Paneling
Sections 1200-3-18-.05, 1200-31-18-.37, 1200-3-18-.41 through .78
and 1200-3-18-.88 through .99 are reserved.
The following rules were added to provide for test methods and
compliance procedures.
1200-3-18-.80 Test Methods and Compliance Procedures: General
Provisions
1200-3-18-.81 Test Methods and Compliance Procedures: Determining
the VOC Content of Coatings and Inks
1200-3-18-.82 Test Methods and Compliance Procedures: Alternative
Compliance Methods for Surface Coating.
1200-3-18-.83 Test Methods and Compliance Procedures: Emissions
Capture and Destruction or Removal Efficiency and Monitoring
Requirements
1200-3-18-.84 Test Methods and Compliance Procedures: Determining
the Destruction or Removal Efficiency of a Control Device
1200-3-18-.85 Test Methods and Compliance Procedures: Leak
Detection Methods for Volatile Organic Compounds (VOC)
Final Action
EPA is approving the submitted revisions to the Tennessee SIP with
the exception of those rules discussed in the Supplementary section of
the notice which are either conditionally approved or disapproved. The
revised chapter 1200-3-18 ``Volatile Organic Compounds'' provides
essentially the same requirements as the previous chapter 1200-3-18
with some sections being more stringent as described above. The EPA is
publishing this action without prior proposal 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
April 28, 1995, unless, by March 29, 1995, 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 document that will
withdraw the final action. All public comments received will then 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 April 28, 1995.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by April 28,
1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)
The OMB has exempted these actions from review under Executive
Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
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 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 CAA
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, I certify 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 regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA [[Page 10508]] forbids EPA to base its actions concerning SIPs on
such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA do not create any new requirements, but
simply approve requirements that the State is already imposing.
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. 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 state requirements nor does it substitute a new Federal
requirement.
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Dated: January 9, 1995.
Patrick M. Tobin,
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 52.2219 is revised to read as follows:
Sec. 52.2219 Identification of plan--conditional approval.
(a) EPA is conditionally approving the following revisions to the
Tennessee SIP contingent on the State of Tennessee meeting the schedule
to correct deficiencies associated with the following rules which was
committed to in letters dated October 7, 1994, and December 16, 1994,
from the State of Tennessee to EPA Region IV.
(1) Rule 1200-3-18-.01 Definitions: Subparagraph (1), the
definition of ``volatile organic compound,'' effective April 22,
1993.
(2) Rule 1200-3-18-.02 General Provisions and Applicability:
Paragraph (8) effective April 22, 1993.
(3) Rule 1200-3-18-.06 Handling, Storage and Disposal of
Volatile Organic Compounds (VOC's): Paragraph (1) effective April
22, 1993.
(4) Rule 1200-3-18-.39 Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins: Subparagraph
(5)(a)(2) effective April 22, 1993.
(5) Rule 1200-3-18-.86 Performance Specifications for
Continuous Emission Monitoring of Total Hydrocarbons: Subparagraph
(11)(c) effective April 22, 1993.
(b) [Reserved]
(c) [Reserved]
3. Section 52.2220 is amended by adding paragraph (c)(123) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(123) A revised chapter 1200-3-18 ``Volatile Organic Compounds''
was submitted by the Tennessee Department of Air Pollution Control
(TDAPC) to EPA on May 18, 1993, to replace the current chapter 1200-3-
18 in the Tennessee SIP. This chapter had been revised to meet the
requirements of the 1990 Clean Air Act Amendments commonly referred to
as the ``VOC RACT Catch-Up'' requirements. Rule 1200-3-18-.28
``Perchloroethylene Dry Cleaners'' which was federally approved in 59
FR 18310 on April 18, 1994, will remain effective.
(i) Incorporation by reference.
(A) Revisions to the State of Tennessee regulations which were
effective on April 22, 1993.
(1) Chapter 1200-3-18 ``Volatile Organic Compounds,'' except for
subchapter 1200-3-18-.24, subparagraph 1200-3-18-.03 (2)(b),
subparagraph 1200-3-18-.20 (1)(b)(2)(vii), and subparagraphs 1200-3-18-
.79 (1)(a)(3), (1)(c), and (1)(d).
(ii) Other material. None.
* * * * *
4. Section 52.2225 is amended by revising paragraph (b) to read as
follows:
Sec. 52.2225 VOC rule deficiency correction.
* * * * *
(b) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds''
were submitted by Tennessee on May 18, 1993, to meet the requirements
added by the 1990 Clean Air Act Amendments (CAAA) commonly referred to
as the ``VOC RACT Catch-up `` requirements. The following deficiencies
remain in Tennessee chapter 1200-3-18 and must be corrected.
(1) Rule 1200-3-18-.01 (1): The definition of ``volatile organic
compound'' must be revised to delete perchloroethylene from the list
of compounds that have negligible photochemical reactivity.
(2) Rule 1200-3-18-.02 (8): Tennessee must revise this paragraph
to provide that an official of the company certify the reports
instead of the owner or operator. This paragraph must also be
amended to require NOX emissions to be reported.
(3) Rule 1200-3-18-.06 (1): The term ``minimum reasonably
attainable'' must be explained or defined.
(4) Rule 1200-3-18-.33: This rule for the manufacture of
synthesized pharmaceutical products has been amended by the State
since the official submittal. The State of Tennessee has committed
to submit the revised rule to EPA by January 1, 1996.
(5) Rule 1200-3-18-.38: This rule for leaks from synthetic
organic chemical, polymer, and resin manufacturing equipment sets
the level of concentration of pure component at 20%. This level must
be changed to 10%.
(6) Rules 1200-3-18-.39 (5)(a)(2) and 1200-3-18-.86 (11)(c): The
conversion factors must be corrected.
* * * * *
[FR Doc. 95-4539 Filed 2-24-95; 8:45 am]
BILLING CODE 6560-50-P
