Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7713

With this correction, the preamble and

the rule at 226.22(l) are in agreement.

Dated: January 27, 1995.

Michael D. Sherwin,

Deputy Assistant Administrator for

Management.

[FR Doc. 95–3271 Filed 2–8–95; 8:45 am]

BILLING CODE 6116–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–118–1–6083a; TN–101–1–5718a; TN–

110–2–6569a; FRL–5146–1]

Approval and Promulgation of

Implementation Plans; Tennessee:

Approval of Revisions to Tennessee

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Tennessee State Implementation

Plan (SIP) for ozone. These revisions

were submitted to EPA through the

Tennessee Department of Environment

and Conservation (TDEC) on November

5, 1992, May 18, 1993, and July 6, 1993,

for the Nashville nonattainment area

and revise regulations for Stage I vapor

recovery (Stage I) in the Tennessee SIP

and add regulations pertaining to Stage

II vapor recovery (Stage II). These

revisions regulate gasoline dispensing

stations in Davidson, Rutherford,

Sumner, Williamson, and Wilson

counties. These regulations have been

submitted by the TDEC to satisfy the

requirement of section 182(b)(3) of the

1990 Clean Air Act, which requires all

ozone nonattainment areas classified as

moderate or above to require owners

and operators of gasoline dispensing

facilities to install and operate Stage II

vapor recovery systems. The revisions

also make minor changes to the

Nashville-Davidson County Rules

regulating definitions and

recordkeeping. The TDEC has also

submitted this plan as an integral part

of the program to achieve and maintain

the National Ambient Air Quality

Standards (NAAQS) for ozone. These

regulations meet all of EPA’s

requirements and therefore EPA is

approving this SIP revision.

DATES: This final rule will be effective

April 10, 1995 unless adverse or critical

comments are received by March 13,

1995. 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 Alan W.

Powell, at the EPA Regional Office

listed.

Copies of the 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.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Region 4 Air Programs Branch,

Environmental Protection Agency345

Courtland Street, NE., Atlanta, Georgia

30365.

Tennessee Department of

Environment and Conservation, L & C

Annex, 9th floor, 401 Church Street,

Nashville, Tennessee 37243.

Nashville-Davidson County Bureau of

Environmental Health Services,

Metropolitan Health Department, 311–

23rd Avenue, North, Nashville,

Tennessee 37203.

FOR FURTHER INFORMATION CONTACT:

Alan W. Powell, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The phone number is (404) 347–

3555 ext.4209. Reference file TN–118–

1–6083.

SUPPLEMENTARY INFORMATION: On

November 15, 1990, the President

signed into law the Clean Air Act

Amendments of 1990. The Clean Air

Act as amended in 1990 (CAA) includes

new requirements for the improvement

of air quality in ozone nonattainment

areas. Under section 181(a) of the CAA,

nonattainment areas were categorized

by the severity of the area’s ozone

problem, and progressively more

stringent control measures were

required for each category of higher

ozone concentrations. The basis for

classifying an area in a specific category

was determined by the ambient air

quality data obtained for the three year

period 1987 through 1989. The CAA

delineates in section 182 the SIP

requirements for ozone nonattainment

areas based on their classifications.

Section 182(b)(3) requires areas

classified as moderate to implement

Stage II controls unless and until the

EPA promulgates, On Board Vapor

Recovery (OBVR) regulations pursuant

to section 202(a)(6) of the CAA. On

January 22, 1993, the United States

Court of Appeals for the District of

Columbia ruled that the EPA’s previous

decision not to require OBVR controls

be set aside and that OBVR regulations

be promulgated pursuant to section

202(a)(6) of the CAA. The EPA

Administrator signed the OBVR final

rule on January 24, 1994.

Subsequently, the EPA determined

under section 182(b)(3) that moderate

areas are not required to implement

Stage II regulations. However,

Tennessee has indicated that a Stage II

program is necessary as a volatile

organic compound (VOC) control

measure to attain the ozone NAAQS in

Nashville, which has been classified as

a moderate nonattainment area for

ozone. Stage II vapor recovery is

included in the State’s 15% Plan

required by section 182 (b)(1) of the

CAA. Under section 182 (b)(3), the EPA

was required to issue guidance as to the

effectiveness of Stage II systems. In

November 1991, the EPA issued

technical and enforcement guidance to

meet this requirement. These two

documents are entitled ‘‘Technical

Guidance-Stage II Vapor Recovery

Systems for Control of Vehicle Refueling

Emissions at Gasoline Dispensing

Facilities’’ (EPA–450/3–91–022) and

‘‘Enforcement Guidance for Stage II

Vehicle Refueling Control Programs.’’ In

addition, on April 16, 1992, the EPA

published the ‘‘General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’ (57 FR

13498). The guidance documents and

the General Preamble discuss Stage II

statutory requirements and discuss what

the EPA believes a State submittal needs

to include to meet those requirements.

The Tennessee regulations meet those

requirements which are discussed

below.

General Vapor Recovery Requirements

The CAA specifies the time by which

certain facilities must comply with the

State regulation. For facilities that are

not owned or operated by an

Independent Small Business Marketer

(ISBM), these times, calculated from the

time of State adoption of the regulation,

are: (1) 6 months for facilities for which

construction began after November 15,

1990, (2) 1 year for facilities that

dispense greater than 100,000 gallons of

gasoline per month, and (3) two years

for all other facilities. For ISBM’s,

section 324(a) of the Act provides that

the time periods may be: (1) 33 percent

of the facilities owned by an ISBM by

the end of the first year after the

regulations take effect, (2) 66 percent of

such facilities by the end of the second

year, and (3) 100 percent of such

facilities after the third year. Both the
7714 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

State and County regulations are

consistent with these guidelines.

Consistent with EPA’s guidance, both

the State and County regulations require

that Stage II systems be tested and

certified to meet a 95 percent emission

reduction efficiency by using a system

approved by the California Air

Resources Board (CARB). The State and

County regulations require sources to

verify proper installation and function

of Stage II equipment through use of a

liquid blockage test and a leak test prior

to system operation and every five years

or upon major modification of a facility

(i.e., 75 percent or more equipment

change). The State and County

regulations have also established an

inspection program consistent with that

described in EPA’s guidance and has

established procedures for enforcing

violations of the Stage II requirements.

Rule 1200–3–18–.24, Gasoline Vapor

Recovery, Stage II

The Nashville area is designated

nonattainment for ozone and classified

as moderate. See 56 FR 56694

(November 6, 1991) and 57 FR 56762

(November 30, 1992), codified at 40 CFR

81.300 through 81.437. Under section

182(b)(3) of the CAA, Tennessee was

required to submit Stage II vapor

recovery rules for this area by November

15, 1992. On May 18, 1993, and July 6,

1993, the Tennessee Department of

Environment and Conservation

submitted to EPA Stage II vapor

recovery rules that became effective by

the State on June 21, 1993. The

Tennessee regulation meets EPA

requirements as discussed below.

Additional information is located in the

Technical Support Document (TSD)

which is available for review in the EPA

Region 4 office.

The provisions of section 182(b)(3) of

the CAA include a requirement for

owners or operators of gasoline

dispensing systems to install and

operate Stage II vapor recovery

equipment at their facilities. The CAA

specifies that the state regulation must

apply to any facility that dispenses more

that 10,000 gallons of gasoline per

month or, in the case of an ISBM, any

facility that dispenses more than 50,000

gallons of gasoline per month. The

definition of an ISBM is included in the

TSD and may also be found in section

324 of the CAA. The State has adopted

a general applicability requirement of

10,000 and has provided an

applicability requirement of 50,000 for

ISBM’s. The State definition of ISBM is

consistent with the definition in the

CAA.

Regulation 7, Section 7–13, Gasoline

Dispensing Facility, Stage I and Stage II

On November 5, 1992, the

Metropolitan Health Department of

Davidson County through the TDEC

submitted to the EPA Stage II vapor

recovery rules that became State

effective on September 15, 1992. The

Stage I portion of the regulation was

unchanged. This regulation, which is

applicable for the Davidson County

area, is more stringent than the State

regulation in that the Stage II portion of

this regulation does not provide

separate applicability requirements for

ISBM’s. The TDEC has provided the

Metropolitan Health Department with a

certificate of exemption from

enforcement of the State rule. As a

consequence, the Davidson County area

will not be subject to the State rule, but

rather will be subject to enforcement

from the rule submitted by the

Metropolitan Health Department.

Regulation 7, Section 7–1, Definitions

Paragraph 11, the definition of

volatile organic compounds (VOC), was

amended for clarity.

Regulation 7, Section 7–25, Record

Keeping and Recording Requirements

Subsection (b) was amended to add a

general three year record retention

requirement.

Final Action

EPA is approving the aforementioned

amendments to the Tennessee SIP

because they meet all requirements of

the CAA. This action is being published

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 April 10, 1995

unless, by March 13, 1995, 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 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 April 10, 1995.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a 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.

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 4, 1993,

memorandum from Michael 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 from the

requirements of section 3 of Executive

Order 12291 for 2 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.

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 non-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 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, I

certify 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. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7715

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: January 6, 1995.

Patrick M. Tobin,

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) (116) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(116) The Tennessee Department of

Environment and Conservation

submitted a SIP revision that amended

Rule 1200–3–18 which was submitted to

EPA on May 18, 1993. These

amendments add Stage II provisions to

this rule.

(i) Incorporation by reference.

(A) Rule 1200–3–18–.24 which

became State-effective June 21, 1993.

(B) Revisions to the Davidson County

portion of the Tennessee SIP. Rule 7,

Section 7–1 (11), Rule 7, Section 7–13,

Rule 7, Section 7–25(b) which became

state effective on November 4, 1992.

(ii) Other material. None.

* * * * *

[FR Doc. 95–3211 Filed 2–8–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 52

[CA 96–1–6799; FRL–5151–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management

District; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Correction to direct final rule.

SUMMARY: This document contains

corrections to the final regulation which

was published Tuesday, January 3,

1995. The regulation concerned the

inclusion of additional information to

the California State Implementation

Plan.

EFFECTIVE DATE: This correction is

effective on February 9, 1995.

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Section (A–5–3),

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1184.

SUPPLEMENTARY INFORMATION:

Background

On January 3, 1995, at 60 FR 38, EPA

published a final rulemaking action to

approve two negative declarations

submitted by the California Air

Resources Board for the Mojave Desert

Air Quality Management Distict. The

two negative declaration were included

as additional information to the

California State Implementation Plan in

the form of Negative Declarations

submitted by the California Air

Resources Board for the Mojave Desert

Air Quality Management District.

Need for Correction

As published, subparagraph (c) (200)

used in the amendatory language

section for 40 CFR Subpart F, California,

§ 52.220 Identification of plan at 60 FR

40 was incorrect and needs to be

changed.

Correction of Publication

Accordingly, the publication on

January 3, 1995 of the direct final rule

FR Doc. 94–32232 is corrected as

follows:

§ 52.220 [Corrected]

On page 40, in the first column,

amendatory instruction 2. is corrected to

read:

‘‘Section 52.220 is amended by

adding paragraph (c)(198)(ii) to read as

follows:’’

Dated: January 31, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–3213 Filed 2–8–95; 8:45 am]

BILLING CODE 6560–50–W

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 201–3, 201–9, 201–18,

201–20, 201–21, 201–23, and 201–39

RIN 3090–AE75

Amendment of Miscellaneous FIRMR

Provisions; Correction

AGENCY: Information Technology

Service, GSA.

ACTION: Final rule; correction.

SUMMARY: This document implements

technical corrections to a final rule

regarding updating General Services

Administration (GSA) offices and

symbols and clarifying various Federal

Information Resources Management

(FIRMR) provisions which were

published on Wednesday, November 30,

1994, (59 FR 61281) and began on page

61281 in the Federal Register. This

correction replaces the correction

published in the Federal Register on

Friday, January 6, 1995, (60 FR 2029),

which contained typographical errors.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT:

R. Stewart Randall, Jr., GSA, Office of

Information Resources Management

Policy, telephone (202) 501–4469 (v) or

(202) 501–0657 (tdd).

In 41 CFR Chapter 201 Amendment of

Miscellaneous FIRMR provisions

beginning on page 61281 in the issue of

Wednesday, November 30, 1994, make

the following corrections:

PART 201–3—[CORRECTED]

§ 201–3.402 [Corrected]

1. On page 61282, in the second

column, in § 201–3.402, paragraph (b) is

corrected by removing the

correspondence symbol (KMR) and

replacing it with the correspondence

symbol ‘‘(KAR)’’.

PART 201–9—[CORRECTED]

§ 201–9.202–1 [Corrected]

2. On page 61282, in the second

column, in § 201–9.202–1, paragraph

(b)(7) is corrected by removing the

correspondence symbol ‘‘(KMR)’’ and

replacing it with the correspondence

symbol ‘‘(KAR)’’.

§ 201–9.202–2 [Corrected]

3. On page 61282, in the second

column, in § 201–9.202–2, paragraph

(b)(1)(ix) is corrected by removing the

correspondence symbol ‘‘(KMA)’’ and

replacing it with the correspondence

symbol ‘‘(KAA)’’.

PART 201–18—[CORRECTED]

§ 201–18.003 [Corrected]

4. On page 61282, in the second

column, in § 201–18.003, line five is

corrected by removing the

correspondence symbol ‘‘(KMA)’’ and

replacing it with the correspondence

symbol ‘‘(KAA)’’.

PART 201–20—[CORRECTED]

§ 201–20.303 [Corrected]

5. On page 61282, in the third

column, in § 201–20.303, paragraph