31120 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 /Rules and Regulations

requirements for the Pittsburgh-Beaver

Valley ozone nonattainment area.

(B) Revisions to 25 Pa Code, Chapters

121, 126, 139 pertaining to Gasoline

Volatility Requirements, effective

November 1, 1997.

(1) Revisions to section 121.1—

definitions of compliant fuel,

distributor, Importer, Low RVP gasoline,

Pittsburgh-Beaver Valley Area, RVPReid Vapor Pressure.

(2) Addition of sections 126.301(a)

through (c), 126.302 except for portions

relating to RFG of (a)(6), and 126.303 (a).

(3) Addition of paragraphs 139.4(18)

and (19) pertaining to sampling

procedures for Reid Vapor Pressure and

gasoline volatility.

(ii) Additional Material—Remainder

of December 3, 1997 State submittal

pertaining to the use of low RVP

gasoline.

[FR Doc. 98–15023 Filed 6–5–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–184–1–(9812)a; TN–199–1–(9813)a;

FRL–6104–1]

Approval and Promulgation of

Implementation Plans; Tennessee:

Approval of Revisions to the Knox

County Portion of the Tennessee SIP

Regarding Volatile Organic

Compounds (VOCs) and Process

Particulate Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

section 19.2 and section 46.2.A.34 of the

Knox County portion of the Tennessee

State Implementation Plan (SIP) which

were submitted to EPA through the

Tennessee Department of Air Pollution

Control (TDAPC), on December 24, 1996

and June 18, 1997. Section 19.2 is

revised to include terminology which

more clearly defines the subject matter

of this section: process particulate

emissions. Section 46.2.A.34 is revised

to incorporate by reference the

definition for volatile organic

compounds (VOCs) contained in 40 CFR

part 51, subpart F.

DATES: This final rule is effective August

7, 1998 unless adverse or critical

comments are received by July 8, 1998.

If adverse comment is received, EPA

will publish a timely withdrawal of the

rule in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Allison

Humphris 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

TN184–01–9812 and TN199–01–9813.

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, telephone (202) 260–7549.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303. Allison Humphris, 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.

Knox County Department of Air

Pollution Control, City-County Building,

Suite 339, 400 West Main Street,

Knoxville, Tennessee, 37902. 423/215–

2488

FOR FURTHER INFORMATION CONTACT:

Allison Humphris at 404/562–9030.

SUPPLEMENTARY INFORMATION: The EPA

is approving revisions to sections 19.2

and 46.2.A.34 of the Knoxville

regulations. Section 19.2 is revised to

include terminology which more clearly

defines the subject matter of this

section: process particulate emissions.

Section 46.2.A.34 is revised to

incorporate by reference the definition

for volatile organic compounds (VOCs)

contained in 40 CFR part 51, subpart F.

Section 19.2, ‘‘Process Emissions’’

This section was revised by changing

all references of ‘‘process emissions’’ to

‘‘process particulate emissions.’’ The

change was made for clarity and to be

consistent with the language in section

18.2, ‘‘Non-Process Particulate

Emissions.’’

Section 46.2.A.34, ‘‘Volatile Organic

Compound (VOC)’’

The definition of ‘‘volatile organic

compound’’ was revised to incorporate

by reference the definition contained in

40 CFR part 51, subpart F. EPA

exempted acetone (per 60 FR 31633—

June 16, 1995), perchloroethylene (per

61 FR 4588—February 7, 1996), and

hydrofluorocarbon (HFC) 43–10mee,

hydrochlorofluorocarbon (HCFC) 225ca

and cb (all per 61 FR 52848—October 8,

1996) from regulation as VOCs due to

the determination that these compounds

have negligible photochemical reactivity

and do not significantly contribute to

the formation of ozone.

Final Action

The Agency has reviewed this request

for revision of the Federally-approved

State implementation plan for

conformance with the provisions of the

Clean Air Act amendments enacted on

November 15, 1990. The Agency has

determined that this action conforms

with those requirements. EPA is

publishing this rule without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in the proposed rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal to

approve the SIP revision should

relevant adverse comments be filed.

This rule will be effective August 7,

1998 without further notice unless the

Agency receives relevant adverse

comments by July 8, 1998. If the EPA

receives such comments, then EPA will

publish a notice withdrawing the final

rule and informing the public that the

rule did not take effect. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on the proposed rule. Any

parties interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on August 7, 1998 and no

further action will be taken on the

proposed rule.

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.
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 /Rules and Regulations 31121

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

Regional 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

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the 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 August 7, 1998.

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).)

F. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the Agency has reason to believe that

the environmental health or safety risk

addressed by the rule may have a

disproportionate effect on children. If a

regulatory action meets both criteria, the

Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: April 27, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart RR—Tennessee

2. Section 52.2220, is amended by

adding paragraph (c)(161) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(161) Revisions to the Knox County

portion of the Tennessee state

implementation plan submitted to EPA

by the State of Tennessee on December

24, 1996 and June 18, 1997, concerning

process particulate emissions and

volatile organic compounds (VOC) were

approved.

(i) Incorporation by reference.

(A) Section 19.2 of the Knox County

Air Pollution Control Regulation

‘‘Process Particulate Emissions’’

effective December 11, 1996.

(B) Section 46.2.A.34 of the Knox

County Air Pollution Control Regulation

‘‘Volatile Organic Compounds’’ effective

June 11, 1997.

(ii) Other material. None.

[FR Doc. 98–15022 Filed 6–5–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX95–1–7379a FRL–6104–2]

Approval and Promulgation of

Implementation Plan; Texas; Revisions

to 30 TAC Chapter 115 for Control of

Volatile Organic Emissions From

Perchloroethylene Dry Cleaning

Systems

AGENCY: Environmental Protection

Agency (EPA).