10504 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

term ‘‘area or community’’ is defined to

mean ‘‘a political subdivision or

contiguous political subdivisions (such

as precinct, ward, borough, city, county,

State, Congressional district, etc.) with a

separately identifiable population of

homeless veterans.’’ Accordingly,

changes are made to the rule to better

reflect this Congressional intent.

Changes are made to the ‘‘rating

criteria for applications’’ section of the

rule (§ 17.711) to clarify that grants may

be awarded only for new programs or

new components of existing programs.

This final rule, which essentially

affirms the provisions of the interim

final rule, is made effective upon

publication. The substantive changes

made by this final rule relieve

restrictions.

Executive Order 12866: This rule has

been reviewed as a ‘‘significant

regulatory action’’ under E.O. 12866 by

the Office of Management and Budget.

List of Subjects in 38 CFR Part 17

Community action programs,

Community development, Homeless

veterans, Government contracts, Grant

programs—Health, Grant programs—

homeless veterans, Grant programs—

housing and community development,

Grant programs—social programs, Grant

programs—transportation, Health,

Health care, Health facilities, Housing,

Intergovernmental relations, Low and

moderate income housing, Manpower

training programs, Mental health

centers, Mental health programs, Motor

carriers, Motor vehicles, Public housing,

Rent subsidies, Supportive housing,

Supportive services, Veterans,

Vocational education, Vocational

rehabilitation, Work Incentive Programs.

Approved: February 15, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, the interim rule amending 38

CFR part 17 which was published at 59

FR 28625, June 1, 1994, is adopted as

final with the following changes:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 38 U.S.C. 7721

note, unless otherwise noted.

2. Section 17.700 is amended by

revising the last sentence of paragraph

(a) to read as follows:

§ 17.700 Purpose and scope.

(a) * * * This program does not

provide for funding to acquire buildings

located on VA-owned property. The

program does provide for grant funds to

be used to construct, expand or remodel

buildings located on VA-owned

property.

* * * * *

3. Section 17.701 is amended by

adding the definition of ‘‘area or

community’’, and by revising the

definition of ‘‘new program/new

component of an existing program’’ to

read as follows:

§ 17.701 Definitions.

* * * * *

Area or community means a political

subdivision or contiguous political

subdivisions (such as precinct, ward,

borough, city, county, State,

Congressional district, etc.) with a

separately identifiable population of

homeless veterans.

* * * * *

New program/new component of an

existing program means a proposed

program of supportive services, or a

proposed addition of supportive

services to an existing program, which

services are not currently being

provided by the entity proposing it, and

for which there is a demonstrated need

in the area or community served by that

entity.

* * * * *

4. Section 17.710 is amended by

revising paragraph (a)(7) to read as

follows:

§ 17.710 Application requirements.

(a) * * *

(7) Documentation on site control and

appropriate zoning, and on the

boundaries of the area or community

proposed to be served;

* * * * *

5. Section 17.711 is amended by

revising paragraphs (b)(4) and the first

sentence in (d)(4) to read as follows:

§ 17.711 Rating criteria for applications.

* * * * *

(b) * * *

(4) Eligible activities. The activities for

which assistance is requested must be

eligible for funding under this part (e.g.,

new programs or new components of

existing programs).

* * * * *

(d) * * *

(4) Need. VA will award up to 150

points based on the applicant’s

demonstrated understanding of the

needs of the specific homeless veteran

population proposed to be served in the

specified area or community. * * *

* * * * *

6. Section 17.731 is amended by

adding a new sentence at the end of

paragraph (a)(1) to read as follows:

§ 17.731 Site control.

(a) * * *

(1) * * * A lease other than a capital

lease does not demonstrate site control

except for a VA lease as described in

§ 17.700(a) of this part.

* * * * *

[FR Doc. 95–4654 Filed 2–24–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN 110–1–6172a; FRL–5143–9]

Approval and Promulgation of

Implementation Plans Tennessee:

Approval of Revisions to the

Tennessee Chapter on Volatile Organic

Compounds (VOC)

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 on May 18, 1993, by

Tennessee, through the Tennessee

Department of Air Pollution Control

(TDAPC), and contained revisions to

chapter 1200–3–18 ‘‘Volatile Organic

Compounds (VOC).’’ Due to the

significance of the revisions, this

revised chapter was submitted to

replace the current chapter 1200–3–18.

These revisions were made to satisfy the

VOC Reasonably Available Control

Technology (RACT) ‘‘Catch-Up’’

requirements contained in the amended

Clean Air Act (CAA). EPA is granting

conditional approval, full approval or

disapproval of the revisions as

explained in detail in the

Supplementary Information section of

this document.

DATES: This final rule will be effective

April 28, 1995 unless adverse or critical

comments are received by March 29,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: William Denman

Stationary Source Unit, 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

Copies of the material submitted by

the State of Tennessee may be examined

during normal business hours at the

following locations:
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10505

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 Programs Branch, 345

Courtland Street, NE., Atlanta,

Georgia 30365.

Division of Air Pollution Control,

Tennessee Department of

Environment and Conservation, L & C

Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

William Denman, Stationary Source

Planning Unit, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Environmental

Protection Agency Region 4, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is (404)

347–3555 x4208. Reference file TN110–

1–6172.

SUPPLEMENTARY INFORMATION: On May

18, 1993, Tennessee submitted revisions

to chapter 1200–3–18 ‘‘Volatile Organic

Compounds’’ of their SIP to meet the

requirements of the 1990 amendments

to the CAA. These requirements are

commonly referenced as the ‘‘VOC

RACT Catch-Ups.’’ Due to the

significance of the revisions, this

revised chapter was submitted to

replace the current chapter 1200–3–18

which had been recently revised to meet

the ‘‘VOC RACT Fix-Up’’ requirements

and was acted on by EPA by publishing

a final rulemaking in the Federal

Register on April 18, 1994. (see 59 FR

18310) EPA is approving the

replacement of the previously federally

approved chapter 1200–3–18 except for

the following exceptions.

Tennessee failed to submit a rule for

the VOC control of perchloroethylene

dry cleaners in the VOC RACT Catch-Up

submittal of May 18, 1993. However, a

rule for the control of VOCs from

perchloroethylene dry cleaners was

federally approved in 59 FR 18310 on

April 18, 1994. Therefore, the federally

approved rule 1200–3–18–.28

‘‘Perchloroethylene Dry Cleaning’’ will

remain in effect until Tennessee submits

a chapter for incorporation into their

revised chapter 1200–3–18. Tennessee

currently has a rule which regulates

toxic emissions from perchloroethylene

dry cleaners.

Otherwise, EPA is granting full

approval of the submitted revisions with

the exception of section 1200–3–18–.24

‘‘Gasoline Dispensing Facilities—Stage I

and Stage II Vapor Recovery’’ which

will be acted on in a separate document

and the following exceptions which are

being granted conditional approval or

are being disapproved. The approach

taken for each of the submitted revisions

is described below.

Conditional Approvals

EPA is conditionally approving the

following revisions to the Tennessee SIP

based upon Tennessee’s commitment, in

letters dated October 7, 1994, and

December 16, 1994. To make the

necessary revisions to correct the

deficiencies identified below by January

1, 1996, Tennessee held public hearings

on its committed revisions on October

19, 1994, and November 21, 1994. At

the time of this document, the revisions

committed to by Tennessee have been

board approved. The conditional

approval approach has been chosen to

allow Tennessee the necessary time for

the revisions to become State effective.

If Tennessee fails to meet its

commitment on or before January 1,

1996, the conditional approval will

convert to a disapproval.

On January 15, 1993, in a letter from

Patrick M. Tobin to Governor Ned

McWherter, EPA notified the State of

Tennessee that EPA had made a finding

of failure to submit required programs

for the nonattainment area. The revised

chapter 1200–3–18 ‘‘Volatile Organic

Compounds’’ was submitted on May 18,

1993, to satisfy the VOC RACT CatchUp requirement. The complete

submittal stopped the sanctions clock

which was started on January 15, 1993,

and this conditional approval of the

submittal will temporarily stop the

Federal Implementation Plan (FIP) clock

which was also started on January 15,

1993. The FIP clock will stop

permanently if the State fulfills its

commitment and the EPA takes final

action fully approving the plan. The

clock will resume where it stopped and

a new sanctions clock will start if any

of the following occurs where the

conditional approval converts to a

disapproval. One, if the State of

Tennessee fails to submit anything to

meet its commitment, the clock will

resume on the date the letter from the

EPA to the State finding that it had

failed to meet its commitment and that

the conditional approval has now been

converted to a disapproval. Two, if the

State of Tennessee submits an

incomplete SIP submittal to meet its

commitment, the FIP clock will resume

on the date that the EPA sends a letter

of incompleteness to the State. Three, if

the State submits a SIP submittal for

which the EPA takes a final disapproval

action, the clock resumes on the

effective date of the final action.

Additional information on conditional

approvals and their effect on sanctions

and FIP clocks can be found in a

memorandum entitled, ‘‘Impact of

Conditional Approvals on Sanction and

Federal Implementation Plan (FIP)

Clocks’’, dated July 14, 1993, from D.

Kent Berry, Acting Director, Air Quality

Management Division (MD–15) to the

EPA Regional Air Directors.

Rule 1200–3–18–.01(1) ‘‘Definitions’’:

The definition of ‘‘volatile organic

compound’’ lists perchloroethylene as

one of the exempt compounds which

have been determined to have negligible

photochemical reactivity. While EPA

has proposed to revise the federal

definition of VOC to exclude

perchloroethylene, 57 FR 48490

(October 26, 1992), EPA has not taken

final action to do so. Therefore, the State

must continue to regulate

perchloroethylene as a VOC until EPA

takes final action to exclude

perchloroethylene as a VOC. EPA is

conditionally approving the VOC

definition due to the commitment letter

referenced above. If Tennessee fails to

delete perchloroethylene from the list of

exempt compounds and EPA has not

approved it as an exempt compound

after the commitment date, EPA will

disapprove the definition of VOC and

the previously federally approved

definition of VOC will become effective.

Rule 1200–3–18–.02 ‘‘General

Provisions and Applicability’’:

Tennessee’s emission statement, given

in paragraph (8), does not fully meet the

requirements of section 182(a)(3)(B) of

the CAA. If either VOC or NOX is

emitted at or above the minimum

required reporting level, the other

pollutant must be included in the

emissions statement even if it is emitted

at levels below the specified cutoffs.

Also, in the last sentence of paragraph

(8), it is required that the owner or

operator certify the reports. The EPA

requirement is that an ‘‘official’’ of the

company certify the reports and since

not all operators are officials, Tennessee

must change ‘‘owner or operator’’ to

‘‘official.’’ EPA is conditionally

approving the emissions statement due

to the commitment letter referenced

above. If Tennessee fails to meet its

commitment on or before the date in its

commitment letter, the conditional

approval will convert to a disapproval.

Rule 1200–3–18–.06 ‘‘Handling,

Storage, and Disposal of Volatile

Organic Compounds (VOC’s)’’: The

phrase ‘‘minimum reasonably

attainable’’ used in paragraph (1) must

be defined in the general definitions

section. EPA is conditionally approving

this revision due to the commitment

letter referenced above. If Tennessee

fails to meet its commitment on or

before the date in its commitment letter,
10506 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

the conditional approval will convert to

a disapproval.

Rule 1200–3–18–.33 ‘‘Manufacture of

Synthesized Pharmaceutical Products’’:

This rule was the subject of a public

hearing on March 18, 1993, and was

amended by the State after being

officially submitted to EPA. The

amended rule was to replace the rule

1200–3–18–.33, officially submitted on

May 18, 1993, in its entirety. To date,

EPA has not received the amended rule

1200–3–18–.33. EPA is granting

conditional approval of rule 1200–3–

18–.33 submitted on March 18, 1993,

due to the commitment letter referenced

above. If Tennessee fails to meet its

commitment on or before the date in its

commitment letter, the conditional

approval will convert to a disapproval.

Rule 1200–3–18–.38 ‘‘Leaks from

Synthetic Organic Chemical, Polymer,

and Resin Manufacturing Equipment’’:

In paragraph (2) of this rule, the

definition of ‘‘(In) light liquid service,’’

sets the level of the concentration of

pure component at 20%. This level

must be set at 10% to be consistent with

the CTG. EPA is granting conditional

approval of this rule based on

Tennessee’s commitment to correct this

deficiency. If Tennessee fails to meet its

commitment on or before the date in its

commitment letter, the conditional

approval will convert to a disapproval.

Rule 1200–3–18–.39 ‘‘Manufacture of

High-Density Polyethylene,

Polypropylene, and Polystyrene

Resins’’: The conversion factor K1 in the

equation in subparagraph (5)(a)(2) is not

correct in the form expressed in English

units. The correct conversion factor is

2.595×10¥9 lb-mole/dscf. EPA is

conditionally approving this revision

due to the commitment letter referenced

above which states that Tennessee will

correct the deficiency and will use the

correct conversion factor in the interim.

If Tennessee fails to meet its

commitment on or before the date in its

commitment letter, the conditional

approval will convert to a disapproval.

Rule 1200–3–18–.86 ‘‘Performance

Specifications for Continuous Emission

Monitoring of Total Hydrocarbons’’: The

conversion factor of 8.638×10¥4 that

was included in the equation in

subparagraph (11)(c) is incorrect and

will result in a low bias in total

hydrocarbon emission rates. If the stack

flow rate is expressed in cubic feet per

second, the conversion factor K1 shall be

5.183×10¥2. EPA is conditionally

approving this revision due to the

commitment letter referenced above

which states that Tennessee will correct

the deficiency. If Tennessee fails to meet

its commitment on or before the date in

its commitment letter, the conditional

approval will convert to a disapproval.

Disapprovals

EPA is disapproving the following

revisions to chapter 1200–3–18 of the

Tennessee SIP. Section 110(l) of the

CAA provides that EPA shall not

approve a SIP revision if the revision

interferes with any applicable

requirements concerning attainment and

reasonable further progress, or any other

applicable requirements of the CAA.

Section 110(k) of the CAA addresses the

situation in which an entire submittal,

or a separable portion of a submittal,

meets all applicable requirements of the

CAA. In the case where a separable

portion of the submittal meets all of the

applicable requirements, partial

approval may be used to approve that

part of the submittal and disapprove the

remainder. Tennessee has begun

rulemaking to correct these deficiencies.

In the meantime, the rules are

disapproved as described below.

Rule 1200–3–18–.03 ‘‘Compliance

Certification, Recordkeeping, and

Reporting Requirements for Coating and

Printing Sources’’: As stated in

comment #17 in a letter dated December

14, 1993, from EPA to Tennessee,

subparagraph (2)(b) must state that the

alternate longer period be approved by

EPA in addition to the Technical

Secretary. Since Tennessee did not

correct this deficiency, EPA is

disapproving the proposed rule.

Therefore, the federally enforceable

version of this rule will continue to be

the last federally approved rule which is

1200–3–18–.01(5) as approved in 59 FR

18310 on April 18, 1994.

Rules 1200–3–18–.20 ‘‘Coating of

Miscellaneous Metal Parts’’; 1200–3–

18–.79 ‘‘Other Facilities that Emit

Volatile Organic Compounds (VOC)’’:

The exemption in subparagraphs 1200–

3–18–.20(1)(b)(2)(vii) and 1200–3–18–

.79(1)(d) is not consistent with EPA’s

guidance on final repair (see Control of

Volatile Organic Emissions from

Stationary Sources, Volume II: Surface

Coating of Cans, Coils, Paper, Fabrics,

Automobiles, and Light-Duty Trucks,

EPA 450/2–77–008, May 1977), which

recommends a maximum VOC emission

rate of 4.8 lbs/gal. Usage of 4.0 gal/day

of air-drying materials, as specified in

the State rule, corresponds with a VOC

emission rate of approximately 25 lbs/

day, which is more than five times

EPA’s recommended rate. Therefore,

EPA is disapproving subsections 1200–

3–18–.20(1)(b)(2)(vii) and 1200–3–18–

.79(1)(d).

Approvals

Except as noted above, EPA is

approving the following revisions to

Tennessee chapter 1200–3–18 ‘‘Volatile

Organic Compounds.’’

1200–3–18–.01 Definitions:

Tennessee consolidated definitions

previously contained throughout the

chapter and arranged all definitions in

alphabetical order.

1200–3–18–.02 General Provisions

and Applicability: This section was

revised by moving the compliance

certification and recordkeeping

requirements to sections 1200–3–18–.03

and .04, adding additional provisions

consistent with the EPA’s draft VOC

Model Rule and adding the emission

statement for VOC’s.

1200–3–18–.03 Compliance

Certification, Recordkeeping, and

Reporting Requirements for Coating and

Printing Sources and 1200–3–18–.04

Compliance Certification,

Recordkeeping, and Reporting

Requirements for Non-Coating and NonPrinting Sources: These sections were

added to describe in detail the

compliance certification, recordkeeping

and/or reporting requirements that had

previously been contained in General

Provisions and Applicability.

1200–3–18–.06 Handling, Storage,

and Disposal of Volatile Organic

Compounds (VOC’s): This section was

added to the VOC Chapter to provide a

regulation for the handling, storage, and

disposal of VOC’s.

1200–3–18–.07 Source Specific

Compliance Schedules: This section

was added to give provisions by which

an owner or operator of an existing

source can petition for a source-specific

compliance schedule.

1200–3–18–.08–.10 These sections

were revised to read ‘‘reserved.’’

1200–3–18–.22 Bulk Gasoline

Plants: This rule was amended to be

consistent with EPA’s draft VOC Model

Rule and expanded applicability to the

entire Nashville nonattainment area.

1200–3–18–.23 Bulk Gasoline

Terminals: This rule was revised to be

consistent with EPA’s draft VOC Model

Rule which modified the test methods

and procedures and extended the

applicability to all counties in the

Nashville nonattainment area.

1200–3–18–.25 Leaks from Gasoline

Tank Trucks: This rule was revised to be

consistent with EPA’s draft VOC Model

Rule which extended the applicability

from trucks loaded or unloaded in

Davidson and Shelby County to any

gasoline truck equipped for gasoline

vapor collection.

1200–3–18–.26 Petroleum Refinery

Sources & 1200–3–18–.27 Leaks from
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10507

Petroleum Refinery Equipment: These

rules were revised to be consistent with

EPA’s draft VOC Model Rule which

clarified the applicability.

1200–3–18–.28 Petroleum Liquid

Storage in External Floating Roof Tanks

& 1200–3–18–.29 Petroleum Liquid

Storage in Fixed Roof Tanks: These

rules were revised to be consistent with

EPA’s draft VOC Model Rule which

clarified the recordkeeping

requirements.

1200–3–18–.31 Solvent Metal

Cleaning: This rule was revised to be

consistent with EPA’s draft VOC Model

Rule which lowered the applicability

threshold and clarified the compliance

requirements.

1200–3–18–.32 Cutback and

Emulsified Asphalt: This rule was

revised to eliminate any exemptions to

this rule.

1200–3–18–.35 Graphic Arts

Systems: This rule was revised to

include weighted average limitations

and to clarify recordkeeping and

reporting requirements.

1200–3–18–.79 Other Facilities that

Emit Volatile Organic Compounds

(VOC): This rule applies to all VOC

sources in the Nashville nonattainment

that have the potential to emit 100 tons

or more per year.

The following rules were added to the

VOC chapter to provide regulations for

additional source categories.

1200–3–18–.11 Automobile and Light-Duty

Truck Coating Operations

1200–3–18–.30 Leaks from Natural Gas/

Gasoline Processing Equipment

1200–3–18–.34 Pneumatic Rubber Tire

Manufacturing

1200–3–18–.36 Petroleum Solvent Dry

Cleaning

1200–3–18–.38 Leaks from Synthetic

Organic Chemical, Polymer, and Resin

Manufacturing Equipment

1200–3–18–.39 Manufacture of HighDensity Polyethylene, Polypropylene,

and Polystyrene Resins

1200–3–18–.40 Air Oxidation Processes in

the Synthetic Organic Chemical

Manufacturing Industry

1200–3–18–.86 Performance Specifications

for Continuous Emission Monitoring of

Total Hydrocarbons

1200–3–18–.87 Quality Control Procedures

for Continuous Emission Monitoring

Systems (CEMS)

The following rules were revised

consistent with the EPA’s draft VOC

Model Rule. The applicability

thresholds were changed from sources

having the potential to emit 25 tons per

year or greater in Davidson, Hamilton,

and Shelby Counties, and 100 tons per

year or greater in other counties to those

whose maximum theoretical emissions

of 10 tons per year or greater in the fivecounty Nashville nonattainment area, 25

tons per year or above in Hamilton or

Shelby County and 100 tons per year or

greater in all other counties.

1200–3–18–.12 Can Coating

1200–3–18–.13 Coil Coating

1200–3–18–.14 Paper and Related Coating

1200–3–18–.15 Fabric Coating

1200–3–18–.16 Vinyl Coating

1200–3–18–.17 Coating of Metal Furniture

1200–3–18–.18 Coating of Large Appliances

1200–3–18–.19 Coating of Magnet Wire

1200–3–18–.20 Coating of Miscellaneous

Metal Parts

1200–3–18–.21 Coating of Flat Wood

Paneling

Sections 1200–3–18–.05, 1200–31–

18–.37, 1200–3–18–.41 through .78 and

1200–3–18–.88 through .99 are reserved.

The following rules were added to

provide for test methods and

compliance procedures.

1200–3–18–.80 Test Methods and

Compliance Procedures: General

Provisions

1200–3–18–.81 Test Methods and

Compliance Procedures: Determining the

VOC Content of Coatings and Inks

1200–3–18–.82 Test Methods and

Compliance Procedures: Alternative

Compliance Methods for Surface

Coating.

1200–3–18–.83 Test Methods and

Compliance Procedures: Emissions

Capture and Destruction or Removal

Efficiency and Monitoring Requirements

1200–3–18–.84 Test Methods and

Compliance Procedures: Determining the

Destruction or Removal Efficiency of a

Control Device

1200–3–18–.85 Test Methods and

Compliance Procedures: Leak Detection

Methods for Volatile Organic

Compounds (VOC)

Final Action

EPA is approving the submitted

revisions to the Tennessee SIP with the

exception of those rules discussed in the

Supplementary section of the notice

which are either conditionally approved

or disapproved. The revised chapter

1200–3–18 ‘‘Volatile Organic

Compounds’’ provides essentially the

same requirements as the previous

chapter 1200–3–18 with some sections

being more stringent as described above.

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 April 28, 1995,

unless, by March 29, 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 28, 1995.

Under section 307(b)(1) of the Act, 42

U.S.C. 7607 (b)(1), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by April 28, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for

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) of the CAA, 42 U.S.C. 7607

(b)(2).)

The OMB has exempted these actions

from review under Executive Order

12866.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

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 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
10508 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

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).

Conditional approvals of SIP

submittals 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.

If the conditional approval is

converted to a disapproval under

section 110(k), based on the State’s

failure to meet the commitment, it will

not affect any existing state

requirements applicable to small

entities. Federal disapproval of the state

submittal does not affect its stateenforceability. Moreover, EPA’s

disapproval of the submittal does not

impose a new Federal requirement.

Therefore, EPA certifies that this

disapproval action does not have a

significant impact on a substantial

number of small entities because it does

not remove existing state requirements

nor does it substitute a new Federal

requirement.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: January 9, 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 52.2219 is revised to read

as follows:

§ 52.2219 Identification of plan—

conditional approval.

(a) EPA is conditionally approving the

following revisions to the Tennessee SIP

contingent on the State of Tennessee

meeting the schedule to correct

deficiencies associated with the

following rules which was committed to

in letters dated October 7, 1994, and

December 16, 1994, from the State of

Tennessee to EPA Region IV.

(1) Rule 1200–3–18–.01 Definitions:

Subparagraph (1), the definition of ‘‘volatile

organic compound,’’ effective April 22, 1993.

(2) Rule 1200–3–18–.02 General

Provisions and Applicability: Paragraph (8)

effective April 22, 1993.

(3) Rule 1200–3–18–.06 Handling,

Storage and Disposal of Volatile Organic

Compounds (VOC’s): Paragraph (1) effective

April 22, 1993.

(4) Rule 1200–3–18–.39 Manufacture of

High-Density Polyethylene, Polypropylene,

and Polystyrene Resins: Subparagraph

(5)(a)(2) effective April 22, 1993.

(5) Rule 1200–3–18–.86 Performance

Specifications for Continuous Emission

Monitoring of Total Hydrocarbons:

Subparagraph (11)(c) effective April 22, 1993.

(b) [Reserved]

(c) [Reserved]

3. Section 52.2220 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(123) A revised chapter 1200–3–18

‘‘Volatile Organic Compounds’’ was

submitted by the Tennessee Department

of Air Pollution Control (TDAPC) to

EPA on May 18, 1993, to replace the

current chapter 1200–3–18 in the

Tennessee SIP. This chapter had been

revised to meet the requirements of the

1990 Clean Air Act Amendments

commonly referred to as the ‘‘VOC

RACT Catch-Up’’ requirements. Rule

1200–3–18–.28 ‘‘Perchloroethylene Dry

Cleaners’’ which was federally approved

in 59 FR 18310 on April 18, 1994, will

remain effective.

(i) Incorporation by reference.

(A) Revisions to the State of

Tennessee regulations which were

effective on April 22, 1993.

(1) Chapter 1200–3–18 ‘‘Volatile

Organic Compounds,’’ except for

subchapter 1200–3–18–.24,

subparagraph 1200–3–18–.03 (2)(b),

subparagraph 1200–3–18–.20

(1)(b)(2)(vii), and subparagraphs 1200–

3–18–.79 (1)(a)(3), (1)(c), and (1)(d).

(ii) Other material. None.

* * * * *

4. Section 52.2225 is amended by

revising paragraph (b) to read as follows:

§ 52.2225 VOC rule deficiency correction.

* * * * *

(b) Revisions to chapter 1200–3–18

‘‘Volatile Organic Compounds’’ were

submitted by Tennessee on May 18,

1993, to meet the requirements added

by the 1990 Clean Air Act Amendments

(CAAA) commonly referred to as the

‘‘VOC RACT Catch-up ‘‘ requirements.

The following deficiencies remain in

Tennessee chapter 1200–3–18 and must

be corrected.

(1) Rule 1200–3–18–.01 (1): The definition

of ‘‘volatile organic compound’’ must be

revised to delete perchloroethylene from the

list of compounds that have negligible

photochemical reactivity.

(2) Rule 1200–3–18–.02 (8): Tennessee

must revise this paragraph to provide that an

official of the company certify the reports

instead of the owner or operator. This

paragraph must also be amended to require

NOX emissions to be reported.

(3) Rule 1200–3–18–.06 (1): The term

‘‘minimum reasonably attainable’’ must be

explained or defined.

(4) Rule 1200–3–18–.33: This rule for the

manufacture of synthesized pharmaceutical

products has been amended by the State

since the official submittal. The State of

Tennessee has committed to submit the

revised rule to EPA by January 1, 1996.

(5) Rule 1200–3–18–.38: This rule for leaks

from synthetic organic chemical, polymer,

and resin manufacturing equipment sets the

level of concentration of pure component at

20%. This level must be changed to 10%.

(6) Rules 1200–3–18–.39 (5)(a)(2) and

1200–3–18–.86 (11)(c): The conversion

factors must be corrected.

* * * * *

[FR Doc. 95–4539 Filed 2–24–95; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 201–39

[FIRMR Amendment 4]

RIN 3090–AF17

Amendment of FIRMR To Remove

Provisions for Using GSA

Nonmandatory Schedule Contracts for

FIP Resources

AGENCY: Information Technology

Service, GSA.

ACTION: Final rule.

SUMMARY: This rule revises Federal

Information Resources Management

Regulation (FIRMR) provisions

regarding Federal Information

Processing (FIP) multiple award

schedule (MAS) contract orders.

Specifically, the rule removes the

requirement to synopsize orders in

excess of $50,000 placed against MAS

contracts and incorporates the new

guiding principles for FIP MAS orders,

including a $2,500 ‘‘micro-purchase’’

threshold. The micro-purchase

procedures will speed up the

acquisition process for low dollar, low

risk FIP acquisitions. These changes are

examples of GSA’s ongoing efforts to

improve the MAS program and

streamline the procurement process.

GSA strongly encourages agencies to use

the schedules program as a proven

method to purchase commercial goods

in a manner that is both time and cost

effective.