[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Rules and Regulations]
[Pages 18046-18047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9506]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-176-2-9708a; FRL-5806-7]
Approval and Promulgation of Implementation Plans, Tennessee:
Approval of Revisions to the Tennessee SIP Regarding Volatile Organic
Compounds
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 to EPA by
Tennessee, through the Tennessee Department of Air Pollution Control
(TDAPC), on June 3, 1996. The submittal contains revisions to the VOC
definition in the construction permits chapter, amends the stage II
vapor recovery portion of the VOC chapter, and revises a conversion
factor contained in the performance standards for continuous emissions
monitoring chapter.
DATES: This final rule is effective June 13, 1997 unless adverse or
critical comments are received by May 14, 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 file TN176-02-9708. 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: On June 3, 1996, the Tennessee Department of
Air Pollution Control (TDAPC) submitted a request to the EPA to
incorporate revisions to chapters 1200-3-9 ``Construction and Operating
Permits'' and 1200-3-18 ``Volatile Organic Compounds.'' The revisions
to chapter 1200-3-9 amended the definition for volatile organic
compounds in paragraph 1200-3-9-.01(4)(b)(29). The revision added
acetone, parachlorobenzotrifluoride (PCBTF), and cyclic, branched, or
linear completely methylated siloxanes (VMS) to its list of VOCs which
have been determined to have negligible photochemical reactivity. The
list of exempt compounds is contained in subparagraph 1200-3-
9-.01(4)(b)(29)(I). The compounds PCBTF and VMS were added to the list
of exempt VOC's on October 5, 1994, (59 FR 50693) and acetone was added
to the list of exempt VOC's on June 16, 1995, (60 FR 31633). In
addition, compounds CFC-113, HCFC-22, and HFC-23 were amended to be
consistent with the federal definition.
The revisions to chapter 1200-3-18 amended sections 1200-3-18-.24
``Gasoline Dispensing Facilities--Stage I and Stage II Vapor Recovery''
and 1200-3-18.86 ``Performance Specifications for Continuous Emissions
Monitoring of Total Hydrocarbons.''
1200-3-18-.24: The revisions to 1200-3-18-.24(1)(d) added the
dispensing of gasoline for only refueling of aircraft or marine vessels
as an activity exempt from the requirements of 1200-3-18-.24(3)(c).
This provision requires a vapor recovery system, certified by the
California Air Resources Board, to be installed and operated to recover
gasoline vapors. The revisions to 1200-3-18-.24(3)(c)(2)(I) were made
to be consistent with EPA guidance to prevent the use of a dual-hose
Stage II system at automobile assembly plants in lieu of coaxial hoses.
1200-3-18-.86: The revision to 1200-3-18-.86(11)(c) was made to
correct the conversion factor which accounts for the conversion of
units when calculating the total hydrocarbon concentration levels for
the initial compliance certification. The correct conversion factor is
5.183 x 10-2.
Final Action
The EPA is approving the aforementioned revisions because they are
consistent with federal requirements. 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
June 13, 1997 unless, by May 14, 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 document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate 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 June 13, 1997.
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
[[Page 18047]]
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 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).
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 5 U.S.C. 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 5
U.S.C. 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 June 13, 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.
Dated: March 25, 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
Sec. 52.2219 [Removed and reserved]
2. Section 52.2219 is removed and reserved.
3. Section 52.2220 is amended by adding paragraph (c)(150) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(150) Revisions to chapters 1200-3-9 ``Construction and Operating
Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted
by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on
June 3, 1996.
(i) Incorporation by reference.
(A) State of Tennessee regulation 1200-3-9 ``Construction and
Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on
August 14, 1996.
(B) State of Tennessee regulation 1200-3-18 ``Volatile Organic
Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i)
and 1200-3-18-.86(11)(c) effective August 10, 1996.
(ii) Other material. None.
[FR Doc. 97-9506 Filed 4-11-97; 8:45 am]
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