[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Rules and Regulations]
[Pages 40458-40460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19937]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN189-1-9730(b); TN194-1-9731(b); TN198-1-9732(b); FRL-5859-7]
Approval of Revisions to the Tennessee SIP Regarding Prevention
of Significant Deterioration and Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving miscellaneous revisions to the Tennessee
State Implementation Plan (SIP) regarding prevention of significant
deterioration (PSD) and volatile organic compounds (VOC). The revisions
to the PSD regulation add an additional supplement to the EPA
``Guideline on Air Quality Models.'' The revisions to the VOC
regulation make minor changes to the regulation for the manufacture of
high-density polyethylene, polypropylene and polystyrene resins and to
the regulation containing test methods and compliance procedures for
VOC sources.
DATES: This final rule is effective September 29, 1997, unless adverse
or critical comments are received by August 28, 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 files TN189-01-9730, TN194-01-9731, and TN198-
01-9732. 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.
FOR FURTHER INFORMATION CONTACT: William Denman at 404/562-9030.
SUPPLEMENTARY INFORMATION: On August 9, 1995, EPA published a notice in
the Federal Register (60 FR 40465), that took final action on several
additions and changes to the ``Guideline on Air Quality Models'' in the
PSD rules. These revisions were designated as supplement C to the
``Guideline on Air Quality Models.'' On February 27, 1997, Tennessee
submitted to EPA a revision to Tennessee regulation 1200-3-9
``Construction and Operating Permits'' in which Tennessee added
supplement C to their already adopted by reference ``Guideline on Air
Quality Models''. Supplement C incorporates improved algorithms for
treatment of area sources and dry deposition in the Industrial Source
Complex model, adopts a solar radiation/delta-T (SRDT) method for
estimating atmospheric stability categories, and adopts a new screening
approach for assessing annual NO2 impacts. It also adds SLAB
and HGSYSTEM as alternative models.
On May 8, 1997, Tennessee submitted to EPA a revision to the
Tennessee regulation for the control of VOC
[[Page 40459]]
emissions from the manufacture of high-density polyethylene,
polypropylene and polystyrene resins. This revision corrected a
conversion factor for determining the mass rates of total VOC. The
incorrect conversion factor of 2.95 x 10-9 was revised to be
the correct factor of 2.595 x 10-9.
On May 8, 1997, Tennessee also submitted to EPA a revision to the
Tennessee regulation containing test methods and compliance procedures
for determining the VOC content of coatings and inks. This revision
provided clarification on which method should be used for various types
of inks. The clarifying revision stated that Method 24A was for
publication rotogravure inks and Method 24 was for all other inks and
coatings.
Final Action
The EPA is approving the submitted revisions into the Tennessee SIP
as described in the Supplementary Information section. 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
September 29, 1997 unless, by August 28, 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 notice that will
withdraw the final action. All public comments received will 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 September 29, 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.
Administrative Requirements
A. Executive Order 12866
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) and 7410(k)(3).
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 section 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
section 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 September 29, 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, Ozone, Reporting and recordkeeping
requirements.
Dated: July 3, 1997.
Michael V. Peyton,
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 52.2220, is amended by adding paragraph (c)(158) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
[[Page 40460]]
(c) * * *
(158) Addition of supplement C to the ``Guideline on Air Quality
Models'', correction of conversion factor in the manufacture of high-
density polyethylene, polypropylene and polystyrene resins, and
clarification for the test method used for determining the VOC content
of coatings and inks submitted by the Tennessee Department of
Environment and Conservation on February 27, 1997, and May 8, 1997.
(i) Incorporation by reference.
(A) Tennessee regulation 1200-3-9-.01(1)(f) effective December 28,
1996.
(B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-
18-.81(2) (a) and (b) effective April 16, 1997.
(ii) Other material. None.
[FR Doc. 97-19937 Filed 7-28-97; 8:45 am]
BILLING CODE 6560-50-P
