18046 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations

or other ship owned or operated by the

United States and used only in

government non-commercial service.

(c) Paragraph (a) of this section does

not apply in cases of an emergency

relating to the safety of a ship and those

on board or saving life at sea. Notice of

an activity, otherwise prohibited under

paragraph (a) of this section, undertaken

in case of an emergency shall be

reported immediately to the National

Response Center (NRC) toll free number

800–424–8802.

Dated: April 4, 1997.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–9388 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–14–M

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.

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 × 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
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations 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

§ 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:

§ 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]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR–14–1–5535; FRL–5807–4]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a revision to the State

Implementation Plan (SIP) submitted by

the State of Oregon for the purpose of

bringing about the attainment of the

National Ambient Air Quality Standards

(NAAQS) for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM–10).

The implementation plan was submitted

by the state to satisfy certain Federal

requirements for an approvable

moderate nonattainment area PM–10

SIP for the Klamath Falls, Oregon, PM–

10 nonattainment area.

EFFECTIVE DATE: April 14, 1997.

ADDRESSES: Copies of the state’s request

and other information supporting this

action are available for inspection

during normal business hours at the

following locations: EPA, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101; EPA Oregon

Operations Office, 811 SW Sixth

Avenue, Third Floor, Portland, Oregon

97204; and the Oregon Department of

Environmental Quality, 811 SW Sixth

Avenue, Portland, Oregon 97204–1390.