[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8969]
[[Page Unknown]]
[Federal Register: April 18, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-98-1-5644; TN-103-1-6087; TN-108-1-6088; TN-109-1-6089; FRL-4860-5]
Approval and Promulgation of Implementation Plans Tennessee:
Approval of Revisions to the Portion of the State Implementation Plan
Regulating Volatile Organic Compounds and Determining General Alternate
Emission Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On June 25, 1992, and March 22, 1993, the State of Tennessee
through the Department of Environment and Conservation submitted
revisions to its State Implementation Plan (SIP) regarding general
definitions, control of volatile organic compounds (VOCs), and general
alternate emission standards.
On November 5, 1992, and April 22, 1993, the State submitted
revisions to the VOC regulations and general alternate emission
standards in the Memphis-Shelby County portion of the Tennessee SIP on
behalf of Memphis-Shelby County. Since Memphis-Shelby County adopts the
State's regulations by reference, the submitted SIP revisions were
essentially identical to the regulations in the State's submittal.
EPA is approving or conditionally approving revisions to the
Tennessee SIP and the Memphis-Shelby County portion of the Tennessee
SIP as meeting the requirements of the Clean Air Act as amended in 1990
(CAA). The State and Memphis submittals addressed, or committed to
address, all of the deficiencies identified in the State's VOC
regulations and documented by EPA in letters to the State dated
November 9, 1987, June 10, 1987, and January 25, 1990, and to Memphis-
Shelby County dated November 9, 1987. EPA is disapproving the deletion
of rule 1200-3-18-.03 Standard for New Sources.
DATES: This final rule will be effective June 17, 1994 unless notice is
received by May 18, 1994 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Copies of the material submitted by the State of Tennessee
may be examined during normal business hours at the following
locations:
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Region IV, Air Programs Branch, Environmental Protection Agency,
345 Courtland Street, 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.
Air Pollution Control Section, Memphis-Shelby County Health
Department, 814 Jefferson Avenue, room 437, Memphis, Tennessee 38105.
FOR FURTHER INFORMATION CONTACT: William Denman, Air Programs Branch,
United States Environmental Protection Agency, 345 Courtland Street,
Atlanta, Georgia 30365, (404) 347-2864.
SUPPLEMENTARY INFORMATION: In May 1988, EPA released 1987 air quality
data which established the degree to which areas throughout the Nation
attained, or failed to attain, the ozone National Ambient Air Quality
Standard (NAAQS) and issued SIP calls for areas that failed to attain.
The Memphis and Nashville areas in Tennessee failed to attain the ozone
NAAQS. On September 7, 1988, at 53 FR 34500, EPA gave notice that SIP
calls were made to the nonattainment areas.
The SIP call letters, which were sent to Governors and State Air
Pollution Control Directors, requested that the states respond to the
SIP calls in two phases. The response to Phase I was due approximately
one year following the issuance of final EPA policy program
requirements for ozone and carbon monoxide nonattainment areas and/or
reauthorization of the CAA. As part of the first phase, states were
asked to upgrade SIPs to correct discrepancies in existing SIPs as
compared with EPA's existing guidance under section 108 and part D
(related to reasonably available control technology (RACT) for VOC
emissions) and to adopt control measures to satisfy any commitments in
the part D SIP's to adopt RACT measures.
In 1990, Congress amended the CAA to address, among other things,
continued nonattainment of the ozone NAAQS (Public Law 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q). Section 182(a)(2)(A) of
the CAA requires states with existing areas designated nonattainment
for ozone and classified as at least marginal, to submit, by May 15,
1991, revisions to the SIP that correct or add requirements concerning
RACT in accordance with pre-amendment guidance.1 The SIP call
letters interpreted that guidance and indicated the corrections
necessary for specific nonattainment areas.
---------------------------------------------------------------------------
\1\Among other things, the pre-amendment guidance consists of
the Post-87 Policy, 52 FR 45044 (November 24, 1987); the Blue Book,
``Issues relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, Clarification to Appendix D of November 24, 1987,
Federal Register Notice;'' and the existing Control Techniques
Guidelines (CTGs).
---------------------------------------------------------------------------
The Memphis area is classified as marginal nonattainment and the
Nashville area is classified as moderate nonattainment2 for the
ozone NAAQS. Therefore, these areas are subject to the RACT fix-up
requirement and the May 15, 1991, deadline.
---------------------------------------------------------------------------
\2\The Memphis and Nashville areas retained the designations of
nonattainment and were classified by operation of law pursuant to
sections 107(d) and 181 (a) upon enactment of the Amendments. 56 FR
56694 (November 6, 1991).
---------------------------------------------------------------------------
Tennessee failed to meet the May 15, 1991, deadline for the
submittal of corrections to the State (including the State's portion of
the Nashville nonattainment area), Memphis-Shelby County, and some of
the Nashville-Davidson County regulations3. EPA notified the State
on June 25, 1991, that a finding of failure to submit had been made for
the Memphis-Shelby County and Nashville nonattainment areas. This
finding of failure to submit was published at 56 FR 54557 on October
22, 1991. The finding triggered the 18-month time clock for mandatory
application of sanctions under section 179(a) of the CAA and the 2-year
time clock for promulgation of Federal VOC regulations for
nonattainment areas as required by section 110(c)(1).
---------------------------------------------------------------------------
\3\On February 16, 1990, July 3, 1991, October 4, 1991, and
January 2, 1992, the State submitted certain corrections to the VOC
RACT rules for Nashville-Davidson County. EPA approved the February
16, 1990, revisions at 56 FR 10171 on March 11, 1991, and the rest
of the amendments at 57 FR 28625 on June 26, 1992.
---------------------------------------------------------------------------
The State submitted revisions to the Tennessee SIP, including
Nashville, to EPA on June 25, 1992, and on March 22, 1993. The State
submitted SIP revisions to meet the section 182(a)(2)(A) requirement on
behalf of Memphis-Shelby County on November 5, 1992, and on April 22,
1993. EPA found these submittals to be complete on October 6, 1993, and
June 9, 1993, respectively. This finding of completeness stopped the
sanctions clock started on October 22, 1991, for the Memphis-Shelby
County and Nashville nonattainment areas. However, the Federal
Implementation Plan (FIP) clock continued to run. EPA's final approval
action relieves EPA of the FIP obligation for those portions of the
submittal that are being fully approved. EPA is approving the following
revisions except where it is specifically noted that the revision is
being conditionally approved or disapproved.
Chapter 1200-3-2 General Definitions
The following changes were made only to the Tennessee portion of
the SIP, and not to the Memphis portion.
Rule 1200-3-2-.01 General Definitions
The definition of ``air contaminant source'' was revised to correct
a typographical error. The revision added the phrase ``portable fuel-
burning equipment, and incinerators of all types, indoor and,'' to the
definition of ``air contaminant source.''
The definitions of ``air curtain destructor,'' ``open burning,''
``Ringelmann chart,'' ``soiling index,'' ``silicon carbide plant,'' and
``magnetite processing plant'' were deleted.
Minor changes were made to the definitions of ``modification'' and
``reasonably available control technology'' to correct typographical
errors and for clarification.
The definition of ``malfunction'' was revised to correct a
typographical error. The revision added failures that are caused by
poor maintenance, careless operation, or any other preventable upset
condition to the definition of ``malfunction.''
The definition of ``startup'' was revised to specify that ``startup
is the setting in operation of an air contaminant source for the
production of product for sale or use as raw materials or steam or heat
production.''
Definitions of ``continuous emission monitor,'' ``nonattainment
area,'' ``PM-10,'' and ``total suspended particulate (TSP)'' were
added.
Minor revisions to the definitions of ``air pollution,'' ``board,''
and ``cupola'' were withdrawn by the State via letter dated January 11,
1993, from Mr. John W. Walton, Technical Secretary of the Tennessee Air
Pollution Control Board.
Chapter 1200-3-18 Volatile Organic Compounds
Applicability--The applicability requirements have been revised to
state that the rules apply to facilities having potential VOC emissions
of 25 tons per year or greater in Davidson, Hamilton, and Shelby
Counties, and 100 tons per year or greater in all other counties in the
State. The applicability requirements have been revised in the
following rules.
Rule 1200-3-18-.05 Automobile and Light Duty Truck Manufacturing;
Rule 1200-3-18-.12 Can Coating;
Rule 1200-3-18-.13 Coil Coating;
Rule 1200-3-18-.14 Fabric and Vinyl Coating;
Rule 1200-3-18-15 Metal Furniture Coating;
Rule 1200-3-18-.16 Surface Coating of Large Appliances;
Rule 1200-3-18-.17 Magnet Wire Coating;
Rule 1200-3-18-.18 Solvent Metal Cleaning;
Rule 1200-3-18-.20 Flat Wood Paneling Coating;
Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and
Products;
Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires;
Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical
Products; and
Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning.
Compliance--The following rules have been revised to reference the
compliance provisions in paragraph 1200-3-18-.01(3) and rule 1200-3-18-
.22. Paragraph 1200-3-18-.01(3) contains provisions for standards that
limit the pounds of VOCs per gallon of material and rule 1200-3-18-.22
concerns leaks from gasoline tank trucks and vapor collection systems.
Rule 1200-3-18-.08 Bulk Gasoline Plants;
Rule 1200-3-18-.09 Bulk Gasoline Terminals; and
Rule 1200-3-18-.10 Gasoline Service Stations Stage I.
The following rules have been revised to reference the compliance
provisions in paragraph 1200-3-18-.01(3).
Rule 1200-3-18-.12 Can Coating;
Rule 1200-3-18-.14 Fabric and Vinyl Coating;
Rule 1200-3-18-.20 Flat Wood Paneling Coating;
Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and
Products;
Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor
Collection Systems;
Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks;
Rule 1200-3-18-.25 Petroleum Liquid Storage in External Floating
Roof Tanks;
Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires;
Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical
Products;
Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning; and
Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography.
Rule 1200-3-18-.01 Purpose and General Provisions
The following changes were made to both the Tennessee and Memphis
portions of the SIP.
Paragraph (1) was revised to change the applicability of emission
standards and requirements from ``new and existing'' sources to
``certain'' sources of VOCs for which applicability is specified in
this chapter or other chapters of division 1200-3. This paragraph was
also revised to state that ``[i]n determining whether the source
category at a facility satisfies the applicability standard of a
specific rule, the potential emissions from all sources of the source
category shall be totaled.''
Paragraph (3) was added to describe the standards that limit the
pounds of VOCs per gallon of material. These standards must now specify
the allowable VOC content per gallon of material less water.
Demonstration of compliance with the VOC content standards of chapter
1200-3-18 was also addressed in paragraph (3). This paragraph states
that compliance ``other than by use of complying materials, shall be
demonstrated by the limitation of volatile organic compound emissions
to a level equivalent to the quantities which theoretically would be
emitted if complying materials would be used.''
Paragraph (4) describing methods for proof of compliance with the
standards in chapter 1200-3-18 was also added to this rule. EPA is
conditionally approving subparagraph 1200-3-18-.01(4)(b) in the Memphis
submittal because it provides for determination of the VOC content,
water content, densities, volume solids, and weight solids by
certification from the manufacturer, if supported by batch formulation
records and approved by the Technical Secretary. Based on Attachment 4
to the May 25, 1988, ``Blue Book,'' the reference to batch formulation
data must be changed to batch analytical data. In a letter dated
January 25, 1994, the State committed for Memphis to correct this
deficiency by February 1, 1995. EPA is not approving this revision for
the area of Tennessee outside of the Memphis-Shelby county area because
the State of Tennessee revised this rule in a subsequent submittal on
May 18, 1993, which will be acted on by EPA in a later notice.
Subparagraph 1200-3-18-.01(4)(c), which refers to the procedure for
the determination of capture efficiency, was withdrawn by the State via
letter dated August 26, 1992, from Mr. John W. Walton, Technical
Secretary of the Tennessee Air Pollution Control Board. Subparagraph
1200-3-18-.01(4)(c) was not included in the Memphis-Shelby County
submittal.
Paragraph (5) describing monitoring to confirm continuing
compliance and daily recordkeeping procedures was added. Paragraph (6)
providing for a nonrenewable exemption from the standards in chapter
1200-3-18 was also added.
Rule 1200-3-18-.02 Definitions
The definitions of ``urban county,'' ``rural county,'' and
``approved'' were deleted. The definitions of ``volatile organic
compound'' and ``coating line'' were revised to correct deficiencies.
Definitions of ``exempt solvent,'' ``operation,'' ``potential VOC
emissions,'' ``potential emissions,'' and ``legally enforceable'' were
added. A minor revision was made to the definition of ``existing
source'' to change the word ``process(es)'' to ``process.''
Rule 1200-3-18-.03 Standard for New Sources
Tennessee proposed to delete this rule in its entirety. EPA is
disapproving the deletion of this rule for the Tennessee submittal
because Tennessee does not have federally approved New Source Review
(NSR) regulations which apply to some of the sources in this chapter.
EPA is approving the deletion of this rule for the Memphis submittal
because the federally approved Tennessee NSR applies to the Memphis-
Shelby County area. 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. EPA has determined that the proposed deletion of this rule
is separable from the submittal because the other revisions apply to
existing sources and this proposed revision applies only to new
sources.
Tennessee may submit the deletion of this rule with the submittal
of their revised NSR regulations. For the deletion to be approvable,
the revised NSR regulation must meet the provisions of part D of title
I of the CAA, must contain requirements that will apply to the sources
under this chapter and must be at least as stringent as the rule they
propose to delete.
Rule 1200-3-18-.04 Alternate Emission Standard
This rule was deleted in its entirety. Alternate emission standards
for VOCs were added to chapter 1200-3-21.
Rule 1200-3-18-.05 Automobile and Light Duty Truck Manufacturing
This rule was deleted in its entirety because there were no sources
subject to the rule as contained in the Tennessee SIP and the Memphis
portion of the Tennessee SIP. A new regulation for such sources
consistent with EPA guidance has been submitted by the State and EPA
will act on this submittal in a subsequent document.
Rule 1200-3-18-.06 Paper Coating
The definition of ``Paper coating'' in subparagraph (1)(b) was
revised to include ``decorative, functional, and protective coatings.''
Paragraph (2) was revised to make saturation operations subject to the
provisions of this rule.
Paragraph (3) was revised to clarify the discharge limitation for
the owner or operator of a paper coating line subject to this rule. The
limitation disallows ``the discharge into the atmosphere of any
volatile organic compound in excess of 0.35 kilograms per liter (2.9
pounds per gallon) of coating as applied (or as delivered to the
applicator), excluding water and exempt solvents, except as provided in
1200-3-18-.01(3).''
Rule 1200-3-18-.07 Petroleum Liquid Storage
The reference to rule 1200-3-18-.41 was deleted in paragraph (4)
because the rule was changed and the exemption is no longer applicable.
Rule 1200-3-18-.08 Bulk Gasoline Plants
Minor revisions were made to the exemptions in paragraph (3) for
purposes of correction and clarification.
Rule 1200-3-18-.09 Bulk Gasoline Terminals
A condition was added to the loading restrictions in paragraph (3).
This condition states that no person may load gasoline into any tank
trucks or trailers from any bulk gasoline terminal unless all loading
and vapor lines are equipped with fittings which are vapor-tight.
Paragraph (6) was added to specify the applicable test method for
determining VOC emissions from bulk gasoline terminals. This paragraph
included subparagraphs which describe the principle, method summary,
applicability, apparatus, test requirements, basic measurements
required, test procedure, calculations, and calibrations of the test
method.
Rule 1200-3-18-.10 Gasoline Service Stations Stage I
The exemptions in paragraph (3) were revised. EPA is conditionally
approving the exemption in subparagraph (3)(a) of the Memphis submittal
because it provides for director's discretion and therefore is not
approvable. The exemption specifies that gasoline dispensing facilities
equipped with control devices which have been approved by the Technical
Secretary as providing emission reductions equivalent to that provided
by floating roofs are exempt from this rule. In a letter dated January
25, 1994, the State committed for Memphis to correct this deficiency by
February 1, 1995. EPA is not approving this revision for the area of
Tennessee outside of the Memphis-Shelby county area because the State
of Tennessee revised this rule in a subsequent submittal on May 18,
1993, which will be acted on by EPA in a later document.
Subparagraph (3)(b) was revised to change the exemption from
``stationary gasoline storage containers of less than 7,570 liters
(2,000 gallons)'' to ``stationary gasoline storage containers of less
than 2,085 liters (550 gallons) capacity used exclusively in
agriculture.'' Subparagraph (3)(c) was revised to change the exemption
to facilities in counties other than Davidson and Shelby Counties.
Subparagraph (3)(d) was revised to change the exemption from ``gasoline
dispensing facilities with an annual throughput of less than 260,000
gallons which is serviced with a tank truck with a capacity of 4,200
gallons or less'' to ``gasoline dispensing facilities with an annual
throughput of less than 120,000 gallons.''
Conditions were added to the limitations on the transfer of
gasoline described in paragraph (4). These conditions specify that,
``[e]xcept as provided under paragraph (3) of this rule, no owner or
operator may transfer or cause or allow the transfer of gasoline from
any delivery vessel into any stationary storage tank as described in
subparagraphs (a) and (b) of this paragraph, unless the tank is
equipped with a submerged fill pipe and the vapors displaced from the
storage tank during filling are processed by a vapor control system in
accordance with paragraph (5) of this rule.'' Subparagraph (a)
specifies ``any stationary storage tank located at a gasoline
dispensing facility, with a capacity of 7,580 liters (2,000 gallons) or
more, which is in place before January 1, 1979.'' Subparagraph (b)
specifies ``any stationary storage tank located at a gasoline
dispensing facility, with a capacity of 948 liters (250 gallons) or
more, which is installed after December 31, 1978.'' Minor changes were
made to the phrasing in paragraph (6) to clarify the conditions on the
owner or operator of a gasoline dispensing facility regarding design,
maintenance, and refilling of a vapor-laden delivery vessel.
Rule 1200-3-18-.11 Petroleum Refinery Sources
The reference to rule 1200-3-18-.41 was deleted in paragraph (2)
because this rule was changed and is no longer applicable.
Rule 1200-3-18-.12 Can Coating
Minor revisions were made in subparagraphs (3)(a), (b), (c), and
(d) to clarify the limitations on the discharge of VOCs into the
atmosphere.
Rule 1200-3-18-.13 Coil Coating
This rule was added to chapter 1200-3-18. Paragraph (1) contains
definitions of ``Coil coating'' and ``Quench area.'' Paragraph (2)
applies the rule, in accordance with 1200-3-18-.13 (3), to the coating
applicator(s), oven(s), and quench area(s) of coil coating lines
involved in prime and top coat or single coat operations.
Paragraph (3) disallows the discharge of VOCs from a coil coating
line into the atmosphere ``in excess of 0.31 kilograms per liter (2.6
pounds per gallon) of prime and topcoat or single coat as applied (or
as delivered to the applicator), excluding water and exempt solvents,
except as provided in 1200-3-18-.01(3).'' In the Memphis submittal, EPA
is conditionally approving paragraph (3) because to meet RACT, the
emission limits must apply to any coating, not just prime and topcoat
or single coat. In a letter dated January 25, 1994, the State committed
for Memphis to correct this deficiency by February 1, 1995. EPA is not
approving this revision for the area of Tennessee outside of the
Memphis-Shelby county area because the State of Tennessee revised this
rule in a subsequent submittal on May 18, 1993, which will be acted on
by EPA in a later notice.
Rule 1200-3-18-.14 Fabric and Vinyl Coating
The definition of ``Vinyl coating'' in subparagraph (1)(b) was
revised to exempt the application of plastisol coatings. The
qualification that plastisol coatings cannot be used to bubble
emissions from vinyl printing and topcoating was also added to
subparagraph (1)(b).
The applicability provision in paragraph (2) was revised to include
saturation operations. Minor revisions were made to the phrasing in
subparagraphs (3)(a) and (b) to clarify the VOC emission limitations.
Rule 1200-3-18-.15 Metal Furniture Coating
Minor revisions were made to the phrasing in paragraph (3) to
clarify the VOC emission limitations.
Rule 1200-3-18-.16 Surface Coating of Large Appliances
A minor revision was made in paragraph (3) to correctly reference
the VOC emissions limitations in paragraph (4). Minor revisions were
made to the phrasing in paragraph (4) to clarify the VOC emission
limitations.
Rule 1200-3-18-.17 Magnet Wire Coating
Minor revisions were made to the phrasing in paragraph (2) to
clarify the VOC emission limitations.
Rule 1200-3-18-.18 Solvent Metal Cleaning
The reference to rule 1200-3-18-.41 was deleted in paragraph (2)
because this rule was changed and is no longer applicable.
Rule 1200-3-18-.20 Flat Wood Panelling Coating
Paragraphs (5) and (6), providing for increments of progress and
proof of compliance respectively, were deleted because the dates for
demonstration of compliance had expired.
Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts and
Products
Definitions of ``High performance architectural coating'' and
``Refinishing'' were added to paragraph (1). The definition of ``High
performance architectural coating'' specifies that it is a coating
``[a]pplied at a facility located in a county which is attainment for
ozone and had a population of less that 15000 according to the 1980
census.'' An emission limitation of 0.75 kg/l (6.2 lb/gal) for high
performance architectural coating as applied (or as delivered to the
applicator), excluding water and exempt solvents, was added as
subparagraph (2)(a). The emission limitation of 0.52 kg/l (4.3 lb/gal)
for clear coating as applied was clarified and moved from subparagraph
(2)(a) to (2)(b). The emission limitation of 0.42 kg/l (3.5 lb/gal) for
air dried coating as applied was clarified and moved from subparagraph
(2)(b) to (2)(c). The emission limitation of 0.42 kg/l (3.5 lb/gal)for
extreme performance coating as applied was clarified and moved from
subparagraph (2)(c) to (2)(d). The emission limitation of 0.36 kg/l
(3.0 lb /gal) for all other coating as applied was clarified and moved
from subparagraph (2)(d) to (2)(e).
The exemptions for the exterior of marine vessels and for bicycles
in subparagraphs (5)(j) and (5)(m) were withdrawn by the State via
letter dated March 9, 1993, fromMr. John W. Walton, Technical Secretary
of the Tennessee Air Pollution Control Board. On August 30, 1993, the
State sent another letter to EPA withdrawing these exemptions from the
Memphis submittal. The exemption in subparagraph (5)(1) for prime and
top coating aerospace components was deleted. Paragraphs (7) and (8),
providing for increments of progress and proof of compliance
respectively, were deleted.
Rule 1200-3-18-.22 Leaks From Gasoline Tank Trucks and Vapor
Collection Systems
The limitation in subparagraph (2)(a) on loading and unloading
conditions for a gasoline tank truck was further specified by the
addition of the phrase ``when pressurized to gauge pressure of 4,500
pascals (18 in. of H2O).'' Paragraph (3) was amended by the
addition of the requirement that testing of gasoline tank trucks for
leak tightness be accomplished during or before the twelfth month after
the month of the last test in which compliance with the standards of
(2)(a) was demonstrated.
Paragraph (4) was revised to state that the rule is also applicable
to gasoline tank trucks which load or unload at applicable plants,
terminals, or gasoline dispensing facilities in Shelby County. The
requirement in paragraph (4) that gasoline tank trucks be equipped for
gasoline vapor collection for this rule to be applicable was deleted.
Paragraph (4) was also reorganized into subparagraphs for clarity.
Paragraph (5) requiring initial testing was deleted. The reference
to rule 1200-3-18-.42 was deleted in paragraph (6) because this rule
was changed and is no longer applicable.
Subparagraphs (6)(a) and (b) were revised to provide for EPA's
approval of equivalent test procedures for proof of compliance.
Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks
Subparagraph (2)(a) was revised so that pressure relief devices
which are connected to inaccessible valves are no longer exempt from
inclusion in the inspection program. Paragraph (4), providing for the
institution of an approved inspection program, was deleted.
Rule 1200-3-18-.25 Petroleum Liquid Storage in External Floating Roof
Tanks
Paragraph (5), providing for increments of progress, was deleted.
Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires
Paragraphs (5) and (6), providing for increments of progress and
proof of compliance respectively, were deleted.
Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical Products
Paragraphs (4) and (5), providing for increments of progress and
proof of compliance respectively, were deleted.
Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning
Paragraph (5), providing for increments of progress, was deleted.
Subparagraph (6)(d), providing for consistency with the test methods
and procedures in rule 1200-3-18-.43,was also deleted. The test methods
for proof of compliance are now provided for in paragraph 1200-3-18-
.01(4).
Rule 1200-3-18-.29 Graphic Arts--Rotogravure and Flexography
Subparagraph (2)(b) was revised to add the requirement that the ink
in flexographic and packaging rotogravure contain no more than 0.5
pound VOC per pound of solids. Subparagraph (2)(b) was also reorganized
into subparagraphs for clarity. Paragraphs (5) and (6), providing for
increments of progress and proof of compliance respectively, were
deleted.
Rule 1200-3-18-.30 Surface Coating of Aerospace Components
This rule was deleted in its entirety because aerospace sources are
subject to Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal
Parts and Products.
Rule 1200-3-18-.40 Regulations Required Only in Metropolitan Davidson
County
This rule was renamed ``Regulations Required in Nonattainment
Areas.'' Paragraph (1) was deleted and reserved for future use.
Paragraph (2) was completely revised to state that ``[a]ny plant within
a county designated in Part 1200-3-2-.01(1)(ffff)3 as nonattainment for
ozone having sources with potential volatile organic compound emissions
totaling more than 100 tons/year in the aggregate shall utilize
reasonably available control technology (RACT) for volatile organic
compound emission from those sources.'' This changes the emission
requirement for implementing RACT from 1000 tons/year or greater only
in the Metropolitan Davidson county to 100 tons/year or greater in the
entire ozone nonattainment area which makes the rule more stringent.
The State has submitted further revisions to meet the non-CTG
requirements for the Nashville area and these will be addressed in a
subsequent action by EPA. EPA is approving this revision for its
strengthening effect.
Rule 1200-3-18-.41 Compliance Schedules
This rule was deleted and replaced with the requirement that the
owner or operator of a source in existence or having a State or local
agency's construction permit before June 7, 1992, and subject to a
standard in chapter 1200-3-18 shall satisfy the applicable increments
of progress specified in subparagraphs (a), (b), and (c). This rule
also includes a certification requirement and an exemption provision.
Rule 1200-3-18-.42 Individual Compliance Schedules
Paragraph (1) was revised to state that a facility with a source
satisfying the applicability provisions of rule 1200-3-18-.41 may
petition for a specific compliance schedule differing from the
schedules contained in 1200-3-18-.41 and other rules in chapter 18 only
if one or more of the conditions specified in subparagraphs (a) and (b)
are satisfied. The condition in subparagraph (1)(c) was deleted.
Paragraph (2) was revised to delete the word ``alphabetical,''
which was a typographical error, and to require final compliance with
the specified emission standard as expeditiously as possible,
consistent with the limiting conditions specified in paragraph (1) of
this rule. Paragraph (3) was revised to state that individual
compliance schedules approved under this rule must be submitted to EPA
for approval. Paragraph (4) was revised to delete the reference to
Hamilton County.
Rule 1200-3-18-.43 General Provisions for Test Methods and Procedures
Rule 1200-3-18-.44 Determination of Volatile Content of Surface
Coatings
Rule 1200-3-18-.45 Test Methods for Determination of Volatile Organic
Compound Emissions Control Systems Efficiency
Rule 1200-3-18-.46 Test Method for Determination of Solvent Metal
Cleaning Organic Compound Emissions
Rule 1200-3-18-.47 Test Procedure for Determination of VOC Emissions
From Bulk Gasoline Terminals
The above listed rules were deleted in their entirety. The test
methods and procedures for proof of compliance are now provided for in
paragraph 1200-3-18-.01(4).
Rule 1200-3-18-.48 Capture Efficiency Test Procedures
This rule was withdrawn by the State via letter dated August 26,
1992, from Mr. John W. Walton, Technical Secretary of the Tennessee Air
Pollution Control Board. On August 30, 1993, the State sent another
letter withdrawing this rule from the Memphis submittal.
The State intends to adopt capture efficiency (CE) test procedures
after EPA publishes its revised CE test procedures. The study to
evaluate the cost and technical aspects of alternative CE methods has
been completed. EPA issued a draft document on October 6, 1993. This
document is currently undergoing review and comment. Where states have
not yet adopted CE regulations, EPA is allowing them to defer adoption
of CE test requirements while the study is underway.
Chapter 1200-3-21 General Alternate Emission Standards
Rule 1200-3-21-.01 General Alternate Emission Standard
The following changes were made to both the Tennessee and Memphis
portions of the SIP.
Paragraph (1) was revised to state that in lieu of satisfying the
standards and requirements of other chapters of division 1200-3, air
contaminant sources with a certificate of alternate control shall not
emit particulate matter, sulfur dioxide, carbon monoxide, nitrogen
dioxide, or volatile organic compounds in excess of the respective
limits of said certificate.
Paragraph (2) was revised to allow sources of VOCs regulated by
other rules in the State's regulations to apply for a Certificate of
Alternate Control. Paragraph (2) was also revised to change the word
``source'' to ``source(s),'' and to change the word ``must'' to ``may''
with regard to the Technical Secretary granting a request for a
Certificate of Alternate Control. In addition, the requirement that
these standards and conditions be submitted to EPA for approval was
included in paragraph (3).
The condition in subparagraph (2)(a) was revised to include VOCs
and to replace the language regarding determination of equivalent
emissions. Subparagraph (2)(b) was revised to state that if a schedule
of compliance is required, it must be included as a condition on the
certificate. The phrase ``this date'' was changed to ``the final
compliance date.''
Subparagraph (2)(c) was revised to require the air contaminant
source to use modeling consistent with Guideline on Air Quality Models
(Revised), EPA-450/2-78-027R, with the 1988 revisions, to verify that
the alternate emission standard will yield equivalent or improved air
quality for the pollutant involved. Minor revisions were also made in
subparagraph (2)(c) to correct typographical errors.
Subparagraph (2)(d) was revised to correct the reference to another
rule and to replace the word ``old'' with ``existing'' in reference to
sources. Subparagraph (2)(d) was also revised to require compliance
with all applicable standards and requirements established under
paragraph 1200-3-9-.01(4), under chapters 1200-3-11 and 16, and
according to a lowest achievable emission rate (LAER) determination
under paragraph 1200-3-9-.01(5). These standards and requirements will
not be superseded or replaced by the alternate emission standard.
Subparagraph (2)(e), providing that sources must establish a
specific emission limit for each emission point, was deleted.
Subparagraph (2)(f) was renamed (2)(e) and revised to increase the
certificate fee for each source.
Subparagraph (2)(g) was renamed (2)(f) and a phrase was deleted for
clarification. A new subparagraph, (2)(g) was added to state that the
provisions of the Emissions Trading Policy Statement, 51 FR 43850,
dated December 4, 1986, are being satisfied. This policy statement is
more stringent than subparagraph (2)(e) which was deleted.
Paragraph (3) was revised so that alternate emission standards and
certificate conditions are no longer considered to be an addition to
the existing standards. In addition, the requirement that these
standards and conditions be submitted to EPA for approval was included
in paragraph (3).
Paragraph (4) was revised to state that ``[g]ood engineering
practice stack heights shall be utilized on all stack changes
associated with the alternate control standards for particulate matter,
sulfur dioxide, carbon monoxide, and nitrogen dioxide.'' Paragraph (9)
was revised to delete the reference to each emission point.
Rule 1200-3-21-.02 Applicability
This rule was added to make chapter 1200-3-21 applicable ``only to
those air contaminant sources which apply for a certificate of
alternate control or a revision to a certificate of alternate control
after March 18, 1993.''
Final Action
EPA is fully approving the submitted revisions to the Tennessee
State Implementation Plan (SIP) and the Memphis portion of the
Tennessee SIP with the exception of the proposed revisions to Rules
1200-3-18-.01 (subparagraph (4)(b)), 1200-3-18-.10 (subparagraph
(3)(a), and 1200-3-18-13 (paragraph (3)) of the Memphis portion of the
Tennessee SIP for which we are issuing a conditional approval and Rule
1200-3-18-.03 Standard for New Sources of the Tennessee SIP for which
we are disapproving the proposed deletion.
In addition, EPA is not approving the proposed revisions to rules
1200-3-18-.01 (subparagraph (4)(b)), 1200-3-18-.10 (subparagraph
(3)(a)), and 1200-3-18-13 (paragraph (3)) of the Tennessee SIP. These
rules were revised in a subsequent submittal by Tennessee on May 18,
1993. Therefore, since these revisions are not approvable as submitted
in this action, EPA will act on these rules in the action on the May
18, 1993, submittal.
Because Tennessee has made a commitment for the Memphis
nonattainment area that EPA believes meets the requirements necessary
for EPA to grant conditional approval, EPA is conditionally approving
under section 110(k)(4) of the CAA. In order for EPA to take final
action on the commitment, the State must meet their commitment for the
Memphis nonattainment area to adopt the identified provisions by
February 1, 1995, and submit them to EPA within the time specified in
this schedule. If the State fails to adopt or submit these rules for
Memphis-Shelby County to EPA within this time frame, this approval will
become a disapproval on that date. EPA will notify the area by letter
that this action has occurred. At that time, this commitment will no
longer be a part of the approved Memphis-Shelby County portion of the
Tennessee SIP. EPA subsequently will publish a notice in the notice
section of the Federal Register. If Tennessee adopts and submits these
rules for Memphis-Shelby County to EPA within the applicable time
frame, the conditionally approved submission will remain a part of the
SIP until EPA takes final action approving or disapproving the new
submittal. If EPA disapproves the new submittal, the conditionally
approved submittal will also be removed from the SIP. Moreover, the
rules on which the conditional approval was based will also be
disapproved at that time. If EPA approves the submittal, those newly
approved rules will become a part of the SIP and will modify or replace
the commitment and the rules on which the conditional approval is
based.
If EPA determines that it cannot issue a final, conditional
approval or if the conditional approval is converted to a disapproval,
the sanctions clock under section 179(a) will begin. This clock will
begin at the time EPA issues the final disapproval or on the date
Tennessee fails to meet its commitment. In the latter case, EPA will
notify the area by letter that the conditional approval has been
converted to a disapproval and that the sanctions clock has begun. If
the State does not submit and EPA does not approve the rule on which
the disapproval was based within 18 months of the disapproval, EPA must
impose one of the sanctions under section 179(b)--highway funding
restrictions or the offset sanction. In addition, the final disapproval
triggers the Federal implementation plan (FIP) requirement under
section 110(c).
This action is being taken without prior proposal because the
changes are noncontroversial and EPA anticipates no significant
comments on them. The public should be advised that this action will be
effective June 17, 1994. However, if notice is received by May 18, 1994
that someone wished to submit adverse or critical comments, this action
will be withdrawn and two subsequent documents will be published before
the effective date. One document will withdraw the final action and
another will begin a new rulemaking by announcing a proposal of the
action and establishing a comment period.
Under section 307(b)(1) of the CAA, 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 June 17,
1994. 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)).
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 26, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of Executive Order 12291 for two years. The
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
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 and conditional 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, EPA 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 regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of State action. The CAA forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427
U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Dated: March 22, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the 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 added to subpart RR to read as follows:
Sec. 52.2219 Identification of plan--conditional approval.
EPA is conditionally approving the following revisions to the
Memphis-Shelby County portion of the Tennessee SIP contingent on
Memphis meeting the schedule which was committed to for Memphis by
Tennessee in a letter dated December 20, 1993, and amended on January
25, 1994, from the State of Tennessee to EPA Region IV.
(a) Rule 1200-3-18-.01 Purpose and General Provisions: Subparagraph
(4)(b) effective October 23, 1993.
(b) Rule 1200-3-18-.10 Gasoline Service Stations Stage I:
Subparagraph (3)(a) effective October 23, 1993.
(c) Rule 1200-3-18-.13 Coil Coating: Paragraph (3) effective
October 23, 1993.
3. Section 52.2220 is amended by adding paragraph (c)(115) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(115) Revisions to the rules in the State's portion of the
Tennessee State Implementation Plan (SIP) regarding control of volatile
organic compounds (VOCs) were submitted on June 25, 1992, and March 22,
1993, by the Tennessee Department of Environment and Conservation.
Revisions to the rules in the Memphis-Shelby County portion of the
Tennessee SIP regarding control of VOCs were submitted on November 5,
1992, and April 22, 1993, by the State on behalf of Memphis-Shelby
County. In these submittals, Memphis-Shelby County adopted State
regulations by reference.
(i) Incorporation by reference.
(A) Revisions to the following State of Tennessee regulations were
effective on June 7, 1992.
(1) Rule 1200-3-2-.01 General Definitions: Subparagraphs (1)(b),
(c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee),
(ffff), (gggg), and (iiii).
(2) Rule 1200-3-18-.01 Purposes and General Provisions: Paragraphs
(1), (3), (4) introductory paragraph and (4)(a), (5), and (6).
(3) Rule 1200-3-18-.02 Definitions: Subparagraphs (1)(a), (b), (c),
(f), (m), (ii), and (jj).
(4) Rule 1200-3-18-.04 Alternate Emission Standard.
(5) Rule 1200-3-18-.05 Automobile and Light Duty Truck
Manufacturing.
(6) Rule 1200-3-18-.06 Paper Coating: Subparagraph (1)(b) and
paragraphs (2), (3), and (4).
(7) Rule 1200-3-18-.07 Petroleum Liquid Storage: Introductory
paragraph of paragraph (4).
(8) Rule 1200-3-18-.08 Bulk Gasoline Plants: Paragraphs (2) and
(3).
(9) Rule 1200-3-18-.09 Bulk Gasoline Plants: Paragraph (2),
subparagraph (3)(d), and paragraph (6).
(10) Rule 1200-3-18-.10 Gasoline Service Stations Stage I:
Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6).
(11) Rule 1200-3-18-.11 Petroleum Refinery Sources: Paragraph (2).
(12) Rule 1200-3-18-.12 Can Coating: Paragraphs (3) and (4).
(13) Rule 1200-3-18-.13 Coil Coating: Paragraphs (1), (2), and (4).
(14) Rule 1200-3-18-.14 Fabric and Vinyl Coating: Subparagraph
(1)(b) and paragraphs (2), (3), and (4).
(15) Rule 1200-3-18-.15 Metal Furniture Coating: Paragraphs (3) and
(4).
(16) Rule 1200-3-18-.16 Surface Coating of Large Appliances:
Paragraphs (3), (4), and (5).
(17) Rule 1200-3-18-.17 Magnet Wire Coating: Paragraphs (2) and
(3).
(18) Rule 1200-3-18-.18 Solvent Metal Cleaning: Paragraphs (2) and
(3).
(19) Rule 1200-3-18-.20 Flat Wood Paneling Coating: Introductory
paragraph of paragraph (2), paragraphs (4), (5), and (6).
(20) Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal
Parts and Products: Subparagraphs (1)(g) and (h), paragraph (2),
subparagraph (5)(1), and paragraphs (6), (7), and (8).
(21) Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor
Collection Systems: Introductory paragraph of paragraph (2),
subparagraph (2)(a), paragraphs (3), (4), (5), and (6).
(22) Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks:
Introductory paragraph of paragraph (2), subparagraph (2)(a), and
paragraph (4).
(23) Rule 1200-3-18-.25 Petroleum Liquid Storage in External
Floating Roof Tanks: Introductory paragraph of paragraph (2), and
paragraph (5).
(24) Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires:
Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6).
(25) Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical
Products: Introductory paragraph of paragraph (2), paragraphs (3), (4),
and (5).
(26) Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning:
Introductory paragraph of paragraph (2), paragraphs (4) and (5), and
subparagraph (6)(d).
(27) Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography:
Introductory paragraph of paragraph (2), subparagraph (2)(b),
paragraphs (5) and (6).
(28) Rule 1200-3-18-.30 Surface Coating of Aerospace Components.
(29) Rule 1200-3-18-.40 Regulations Required in Nonattainment
Areas.
(30) Rule 1200-3-18-.41 Compliance Schedules.
(31) Rule 1200-3-18-.42 Individual Compliance Schedules: Paragraphs
(1), (2), (3), and (4).
(32) Rule 1200-3-18-.43 General Provisions for Test Methods and
Procedures.
(33) Rule 1200-3-18-.44 Determination of Volatile Content of
Surface Coatings.
(34) Rule 1200-3-18-.45 Test Method for Determination of Volatile
Organic Compound Emissions Control Systems Efficiency.
(35) Rule 1200-3-18-.46 Test Method for Determination of Solvent
Metal Cleaning Organic Compound Emissions.
(36) Rule 1200-3-18-.47 Test Procedure for Determination of VOC
Emissions from Bulk Gasoline Terminals.
(B) Revisions to the following State of Tennessee regulations were
effective on March 18, 1993.
(1) Rule 1200-3-21-.01 General Alternate Emission Standard:
Paragraphs (1), (2), (3), (4), and (9).
(2) Rule 1200-3-21-.02 Applicability.
(ii) Additional material--none.
4. Section 52.2225 is amended by redesignating paragraph (b) as
paragraph (c) and adding a new paragraph (b) to read as follows:
Sec. 52.2225 VOC rule deficiency correction.
* * * * *
(b) Revisions to sections 1200-3-2 ``Definitions'', 1200-3-18
``Volatile Organic Compounds'' and 1200-3-21 ``General Alternate
Emission Standards'' of the Tennessee SIP and the Memphis portion of
the Tennessee SIP were submitted to correct deficiencies pursuant to
the SIP call letter for ozone from Greer Tidwell, the EPA Regional
Administrator, to Governor McWherter on May 26, 1988, and clarified in
a letter dated June 10, 1988, from Winston Smith, Air, Pesticides &
Toxics Management Division Director, to Harold Hodges, Director of the
Tennessee Division of Air Pollution. These revisions are approved with
the exception of the following which remain as deficiencies and must be
corrected by Tennessee and Memphis and the deletion of section 1200-3-
18-.03 ``Standard for New Sources'' in the Tennessee SIP which was
disapproved. The deficiencies are common to both Tennessee and Memphis
because Memphis adopts the Tennessee regulations by reference.
(1) Rule 1200-3-18-.01 subparagraph (4)(b) must be changed to
provide for EPA Administrator approval and the reference to batch
formulation data must be changed to batch analytical data.
(2) Rule 1200-3-18-.10 subparagraph (3)(a) must be changed to
provide for EPA Administrator approval.
(3) Rule 1200-3-18-.13 paragraph (3) must be changed to apply to
any coating, not just prime and topcoat or single coat for this rule to
meet the RACT emission limits.
* * * * *
5. Section 52.2228 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2228 Review of new sources and modifications.
* * * * *
(e) The State of Tennessee proposed to delete section 1200-3-18-.03
``Standard for New Sources'' from the Tennessee State Implementation
Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP.
EPA is disapproving the deletion of this rule for the Tennessee SIP
because Tennessee does not have federally approved New Source Review
(NSR) regulations which apply to some of the sources in this chapter.
EPA is approving the deletion of this rule for the Memphis submittal
because the federally approved TN NSR applies to the Memphis-Shelby
County area.
[FR Doc. 94-8969 Filed 4-15-94; 8:45 am]
BILLING CODE 6560-50-F