[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Rules and Regulations]
[Pages 7713-7715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3211]



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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.

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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 
[[Page 7714]] 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).

 [[Page 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:


Sec. 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]
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