[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Rules and Regulations]
[Pages 55903-55910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27606]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN 152-1-9703; FRL-5639-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 14, 1994, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), submitted
a maintenance plan and a request to redesignate the Middle Tennessee
(Nashville) area from moderate nonattainment to attainment for ozone
(O3). Subsequently on August 9, 1995, and January 19, 1996, the
State submitted supplementary information which included revised
contingency measures and emission projections. The Nashville O3
nonattainment area consists of Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties. Under the Clean Air Act (CAA),
designations can be changed if sufficient data are available to warrant
such changes. On June 24, 1996, EPA published a document proposing
approval of the maintenance plan and redesignation request. EPA
received a number of comments regarding the proposed rule. Those
comments and the response thereto are summarized in the supplementary
information that follows. In this action, EPA is approving the State of
Tennessee's submittal because it meets the maintenance plan and
[[Page 55904]]
redesignation requirements. The approved maintenance plan will become a
federally enforceable part of Tennessee's State Implementation Plan
(SIP) for the Nashville area. EPA is also approving the State of
Tennessee's 1990 baseline emissions inventory and 1994 base year
emissions inventory because both meet EPA's requirements regarding the
approval of baseline emission inventories.
EFFECTIVE DATE: This final rule is effective October 30, 1996.
ADDRESSES: 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.
Environmental Protection Agency, Region 4 Air Planning Branch, 100
Alabama Street SW, Atlanta, Georgia 30303.
Tennessee Department of Environment and Conservation, 9th Floor, L & C
Annex, 401 Church Street, Nashville, Tennessee 37243-1531.
Bureau of Environmental Health Services, Metropolitan Health
Department, 311--23rd Avenue, North, Nashville, Tennessee 37203.
FOR FURTHER INFORMATION CONTACT: Steven M. Scofield, Regulatory
Planning Section, Air Planning Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 100
Alabama Street SW, Atlanta, Georgia 30303. The telephone number is 404/
562-9034. Reference file TN-152-1-9703.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act
Amendments of 1990 were enacted. (Pub. L. 101-549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1)(C), EPA
designated the Nashville area as nonattainment by operation of law with
respect to O3 because the area was designated nonattainment
immediately before November 15, 1990. The area was classified as
moderate.
The moderate nonattainment area more recently has ambient
monitoring data that show no violations of the O3 National Ambient
Air Quality Standard (NAAQS), during the period from 1992 through 1995.
Therefore, in an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on November 14, 1994, the State of Tennessee
submitted an O3 maintenance plan and requested redesignation of
the area to attainment with respect to the O3 NAAQS. On March 13,
1995, Region 4 determined that the information received from the State
constituted a complete redesignation request under the general
completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and
2.2. Subsequently, on August 9, 1995, and January 19, 1996, the State
submitted supplementary information which included revised contingency
measures and emission projections.
The Tennessee redesignation request for the Nashville moderate
O3 nonattainment area meets the five requirements of section
107(d)(3)(E) for redesignation to attainment. The following is a brief
description of how the State of Tennessee has fulfilled each of these
requirements. Because the maintenance plan is a critical element of the
redesignation request, EPA will discuss its evaluation of the
maintenance plan under its analysis of the redesignation request.
1. The Area Must Have Attained the O3 NAAQS
The State of Tennessee's request is based on an analysis of quality
assured ambient air quality monitoring data, which is relevant to the
maintenance plan and to the redesignation request. Most recent ambient
air quality monitoring data from calendar year 1992 to date in 1996
demonstrates attainment of the standard. The State of Tennessee has
committed to continue monitoring the moderate nonattainment area in
accordance with 40 CFR part 58. Therefore, the State has met this
requirement. For detailed information refer to the proposal document
published June 24, 1996 (61 FR 32386).
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA
EPA has reviewed the Tennessee SIP and ensures that it contains all
measures due under the amended CAA prior to or at the time the State of
Tennessee submitted its redesignation request. For detailed information
regarding applicable requirements, refer to the proposal document.
EPA has determined that the section 172(c)(2) reasonable further
progress (RFP) requirement (with parallel requirements for a moderate
ozone nonattainment area under subpart 2 of part D, due November 15,
1993) was not applicable as the State of Tennessee submitted this
redesignation request on November 14, 1994, which demonstrated that the
Nashville area was monitoring attainment of the O3 standard. EPA
determined on June 22, 1995, effective August 7, 1995, that the
Nashville area had attained the O3 standard and that RFP and 15
percent plan requirements do not apply to the area for so long as the
area does not monitor any violations of the O3 standard.
A. Section 182(a)(1)--Emissions Inventory
Tennessee has met this requirement. This document gives final
approval of the 1990 baseline emissions inventory. For detailed
information regarding this requirement, refer to the proposal document.
B. Section 182(a)(2), 182(b)(2)--Reasonably Available Control
Technology (RACT)
As stated in the proposal document, Tennessee had met all RACT
requirements except for those in section 182(b)(2), RACT Catch-ups.
Tennessee submitted SIP revisions to correct deficiencies in the VOC
regulations to EPA on February 21, 1995, February 8, 1996, February 23,
1996, April 22, 1996, and April 25, 1996. The approval of these SIP
revisions was published in the Federal Register on July 18, 1996 (61 FR
37387), and was effective September 16, 1996. For detailed information
regarding this requirement, refer to the proposal document.
C. Section 182(a)(3)--Emissions Statements
Revisions to Tennessee's emissions statements were included in the
submittals addressing the RACT Catch-ups. The approval of these SIP
revisions was published in the Federal Register on July 18, 1996 (61 FR
37387), and was effective September 16, 1996. For detailed information
regarding this requirement, refer to the proposal document.
D. Section 182(b)(1)--15% Progress Plans
The State of Tennessee submitted this redesignation request on
November 14, 1994, which demonstrated that the Nashville area was
monitoring attainment of the O3 standard. EPA determined on June
22, 1995, effective August 7, 1995, that the Nashville area had
attained the O3 standard and that RFP and 15 percent plan
requirements do not apply to the area for so long as the area does not
monitor any violations of the O3 standard. For detailed
information regarding this requirement, refer to the proposal document.
[[Page 55905]]
E. Section 182(b)(1)--New Source Review (NSR)
Tennessee has a fully approved NSR program for moderate O3
nonattainment areas.
Tennessee submitted revisions to its prevention of significant
deterioration (PSD) rule on September 1, 1993, and June 10, 1996. The
approval of these SIP revisions was published in the Federal Register
on July 29, 1996 (61 FR 39332), and was effective September 12, 1996.
For detailed information regarding this requirement, refer to the
proposal document.
F. Section 182(b)(3)--Stage II
On January 24, 1994, EPA promulgated the on board vapor recovery
(OBVR) rule, and section 202(a)(6) of the CAA provides that once the
rule is promulgated, moderate areas are no longer required to implement
Stage II. Thus, the Stage II vapor recovery requirement of section
182(b)(3) is no longer an applicable requirement. However, Tennessee
submitted Stage II vapor recovery rules to EPA which were approved on
February 9, 1995 (60 FR 7713), with an effective date of April 10,
1995. For detailed information regarding this requirement, refer to the
proposal document.
G. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)
The CAA required all moderate and above areas to revise the SIP to
include provisions necessary to provide for a vehicle inspection and
maintenance (I/M) program. The State has the required legal authority
for I/M, and EPA approved the program on July 28, 1995 (60 FR 38694),
with an effective date of September 26, 1995. For detailed information
regarding this requirement, refer to the proposal document.
H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements
Tennessee submitted a request for an exemption from the 182(f)
requirements on March 21, 1995. In addition, NOX reductions were
obtained from two sources prior to the Nashville area attaining the
O3 standard. The State submitted these permits for approval on May
31, 1996. The approval of these SIP revisions was published in the
Federal Register and will be effective prior to the effective date of
this action. For detailed information regarding this requirement, refer
to the proposal document.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the pre-amended CAA and
EPA's prior approval of SIP revisions under the amended CAA, EPA has
determined that Tennessee has a fully approved O3 SIP under
section 110(k).
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Nashville
nonattainment area violated the O3 NAAQS. Of these control
measures, the reduction of fuel volatility to 9.5 psi in 1989, and
finally to 7.8 psi beginning with the summer of 1992, as measured by
the Reid Vapor Pressure (RVP), and fleet turnover due to the Federal
Motor Vehicle Control Program (FMVCP) produced the most significant
decreases in VOC emissions. The reduction in VOC emissions due to the
mobile source regulations from 1990 to 1994 was 27.14 tons per day
(28.6%). The VOC emissions in the base year are not artificially low
due to local economic downturn.
5. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the State must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems.
In this document, EPA is approving the State of Tennessee's
maintenance plan for the Nashville nonattainment area because EPA finds
that Tennessee's submittal meets the requirements of section 175A.
A. Emissions Inventory--Base Year Inventory
On November 15, 1993, the State of Tennessee submitted
comprehensive inventories of VOC, NOX, and CO emissions from the
Nashville area. The inventories include biogenic, area, stationary, and
mobile sources for 1990.
The State submittal contains the detailed inventory data and
summaries by county and source category. Finally, this inventory was
prepared in accordance with EPA guidance. However, Tennessee had not
attained the O3 standard during 1990. Therefore, 1994 will be used
as the base year for this redesignation. This document approves the
1990 baseline inventory and the 1994 base year inventory for the
Nashville area. A summary of the 1990 baseline inventories as well as
the 1994 base year and projected maintenance year inventories is
included in this document.
Summary of VOC Emissions
[Tons per day]
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1990 1994 1996 1999 2002 2006
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Point............................. 45.87 41.48 38.34 40.98 43.60 47.08
Area.............................. 67.67 50.46 43.91 46.11 48.31 51.24
Non-Road.......................... 27.83 28.74 29.09 29.39 29.68 30.08
Mobile............................ 94.77 67.63 56.27 53.43 52.90 53.17
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Total....................... 263.14 188.31 167.61 169.91 174.49 181.57
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[[Page 55906]]
Summary of NOX Emissions
[Tons per day]
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1990 1994 1996 1999 2002 2006
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Point............................. 111.79 124.96 73.45 78.99 84.50 94.25
Area.............................. 15.12 14.56 15.03 15.78 16.54 17.54
Non-Road.......................... 29.24 30.19 30.67 31.44 32.20 33.22
Mobile............................ 111.34 120.53 102.20 98.79 96.25 96.60
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Total....................... 267.49 290.24 221.35 225.00 229.31 241.61
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Summary of CO Emissions
[Tons per day]
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1990 1994 1996 1999 2002 2006
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Point............................. 20.43 21.54 22.12 23.13 24.13 25.43
Area.............................. 35.94 11.75 16.97 17.48 18.00 18.68
Non-Road.......................... 188.69 194.80 197.93 202.86 207.78 214.35
Mobile............................ 720.68 614.24 458.63 413.08 401.31 407.97
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Total....................... 965.74 842.33 695.65 656.55 651.22 666.43
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B. Demonstration of Maintenance--Projected Inventories
Total VOC and NOX emissions were projected from 1990 out to
2006, with interim years of 1994, 1996, 1999, and 2002. These projected
inventories were prepared in accordance with EPA guidance. The
projections show that VOC and NOX emissions are not expected to
exceed the level of the base year inventory during this time period.
C. Verification of Continued Attainment
Continued attainment of the O3 NAAQS in the Nashville area
depends, in part, on the State's efforts toward tracking indicators of
continued attainment during the maintenance period. The State has also
committed to complete periodic inventories of VOC and NOX
emissions every five years. The contingency plan for the Nashville area
is triggered by three indicators; a violation of the O3 NAAQS, the
monitored ambient levels of O3 exceed 0.12 parts per million (ppm)
more than once in any year at any site in the nonattainment area, or
the level of total VOC or NOX emissions has increased above the
attainment level in 1994 by ten percent or more.
D. Contingency Plan
The level of VOC and NOX emissions in the Nashville area will
largely determine its ability to stay in compliance with the O3
NAAQS in the future. Despite the State's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS. Therefore, Tennessee
has provided contingency measures with a schedule for implementation in
the event of a future O3 air quality problem. In the case of a
violation of the O3 NAAQS, the plan contains a contingency to
implement additional control measures such as lower Reid Vapor Pressure
for gasoline, lowering the threshold of applicability for major
stationary VOC and NOX sources from 100 tons per year (tpy) to 50
tpy, and application of RACT on sources covered by new CTG categories.
Any additional measures taken by Tennessee will be implemented within
18 months of the trigger date. A complete description of these
contingency measures and their triggers can be found in the State's
submittal. EPA finds that the contingency measures provided in the
State submittal meet the requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the State of
Tennessee has agreed to submit a revised maintenance SIP eight years
after the area is redesignated to attainment. Such revised SIP will
provide for maintenance for an additional ten years.
On June 24, 1996, EPA published a document proposing approval of
the maintenance plan and redesignation request (61 FR 32386). EPA
received a number of comments regarding the proposed rule. Those
comments and the response thereto are summarized below.
Comment #1--The commenter disagreed that the State had met all of
the requirements in section 107(d)(3)(E)(ii) and requested that all of
the SIP requirements in section 107(d)(3)(E)(ii) be approved prior to
the comment period on the redesignation.
Response--Section 107(d)(3)(E) stipulates that a redesignation of a
nonattainment area to attainment may not be promulgated unless
conditions (i) through (v) have been met. In the proposed rule
published on June 24, 1996 (61 FR 32386), EPA did not promulgate the
redesignation to attainment. The proposed rule clearly specifies that
EPA will not take final action on the redesignation until the Tennessee
SIP has been fully approved. Each of the actions approving the various
SIP revisions have their own comment period during which the public may
review and comment on those specific actions. As of this action, the
State has submitted all of the requirements in section 107(d)(3)(E)(ii)
and the EPA has approved each requirement.
Comment #2--The commenter requested that EPA provide the legal
basis for the interpretation that only those requirements which came
due prior to the State's request for redesignation must be met in order
for the redesignation to be approved.
Response--Under the criterion contained in section
107(d)(3)(E)(ii), an area seeking redesignation must have a SIP that
has been fully approved by the Administrator. EPA has interpreted this
requirement to mean that there has been satisfactory completion of the
Act's then current requirements at the time of the redesignation
submittal. This interpretation is discussed in a memorandum dated
September 17, 1993 from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation, entitled State Implementation Plan
(SIP) Requirements for Areas Submitting
[[Page 55907]]
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or
after November 15, 1992.
In particular, before EPA can act favorably upon any State
redesignation request, the State must adopt statutorily-mandated
control programs of Section 110 and Part D that were due prior to the
time of the redesignation request. This interpretation makes clear what
requirements a State must meet at the time of its redesignation
submittal, and avoids the necessity of States continually resubmitting
their request as more SIP requirements come due. In certain instances
where a mandated requirement has come due, but has not yet been
approved into the SIP, the State may submit the missing plan for
approval with the redesignation request, and EPA must approve the plan
submitted before it can act on the redesignation request. This
circumstance includes submittal of a NOX waiver pursuant to
Section 182(f) of the Act. This issue is discussed in Section II:
Policy Summary, and Section IV: Coordination of SIP Submittals and
Redesignation Request, in the above-cited memorandum.
Comment #3--The commenter stated that EPA does not have the
discretion to conditionally approve the redesignation, that conditional
approval would not only be a misinterpretation of the use of
conditional approvals, but also a violation of the Administrative
Procedures Act.
Response--In the proposed rule published on June 24, 1996 (61 FR
32386), EPA did not conditionally approve any elements of the
redesignation. The EPA proposed to approve the redesignation with no
conditions specified. The document did state that final action would
not be taken prior to final SIP approval. However, that does not
constitute conditional approval. There will be no outstanding approvals
at the time of final action.
Comment #4--The commenter requested that EPA extend the comment
period until final approval of all of the requirements on which
approval of the redesignation is contingent, or issue another public
notice once the SIP is complete.
Response--As stated above, each of the actions approving the
various SIP revisions (on which approval of the redesignation is
contingent) have their own comment period during which the public may
review and comment on those specific actions. EPA believes that the 30
day comment period for the proposed rule satisfies the requirements of
the Administrative Procedures Act (5 U.S.C.A. Sec. 553) and has
provided the public adequate time in which to make comments. EPA denies
the request to extend the comment period and denies the request to
institute a second comment period on this action.
Comment #5--The commenter requested that more detail be provided on
the contingency plan, and that the plan was brief and vague.
Response--Some detail has been added to EPA's discussion of its
evaluation of the measures in Tennessee's contingency plan; however,
only EPA's evaluation of the plan is included in this Federal Register
notice. The contingency plan may be found in its entirety in the
maintenance plan submitted by the State.
Comment #6--The commenter stated that it is premature to ask the
public to comment on the redesignation when the NOX exemption is
being considered. Also, the commenter opposed EPA's redesignation since
it is contingent on approval of a NOX exemption which was done
through direct final procedures for noncontroversial actions. The
commenter asserted that since other actions similar to the Tennessee
NOX exemption had raised extensive public comment, the TN action
was inappropriate.
Response--EPA believes that while the actions such as the NOX
exemption are related to the redesignation, these actions may proceed
concurrently with the redesignation, as long as action on all of the
SIP revisions on which approval of the redesignation is contingent are
effective prior to or concurrent with the effective date of the
redesignation. EPA does not agree that all NOX exemptions are
controversial because adverse comments were raised regarding similar
individual NOX exemptions. In fact, despite adverse comments, a
number of NOX exemptions have been granted and are in place as of
this writing.
Comment #7--The commenter stated that, through inconsistent EPA
policy, upwind states have been allowed to redesignate areas and obtain
exemptions from NOX and VOC programs required by the CAA without
regard to the effects of these actions on downwind areas.
Response--Section 107(d)(3)(E) does not require a submission of a
redesignation by a state to address the effects of that action and
related NOX and VOC programs on ``downwind'' areas. Moreover, EPA
does not believe that allowing a NOX exemption in the Nashville
area will affect attainment or maintenance of the ambient standard for
ozone in other states.
Comment #8--The commenter stated that EPA's ``clean data'' policy
fails in that it does not address the long range transport of ozone.
Also stated is that since several other ozone areas were redesignated
and subsequently violated the ozone NAAQS, the maintenance plans for
these areas do not contain adequate control programs and contingency
measures, and that additional programs will be needed in Nashville as
well.
Response--As stated above, section 107(d)(3)(E) does not require a
submission of a redesignation by a state to address the long range
transport of ozone, and EPA does not believe that this redesignation
will affect long range ozone transport. The Nashville area has ambient
monitoring data that show no violations of the ozone standard during
the period from 1992 to date in 1996. EPA has determined that the
maintenance plan and contingency measures for the Nashville area are
adequate.
Comment #9--The commenter stated that, since the NOX exemption
was submitted after the request for redesignation, TN should have
already had a NOX RACT program in place at the time of the request
for redesignation, and that a 15% rate of progress plan should have
been submitted after the initial submission was found incomplete.
Finally, the commenter stated that the redesignation and NOX
exemption should not be granted and urged EPA to reverse the notices on
these actions.
Response--Tennessee had existing NOX controls in effect during
the attainment period, prior to the request for redesignation. EPA
subsequently determined that the Nashville area had attained the
standard (60 FR 32466, June 22, 1995), therefore additional NOX
controls were not needed to attain the ozone standard. In addition, EPA
determined that RFP and 15% plan requirements do not apply to the area
for so long as the area does not monitor any violations of the ozone
standard. If an area has in fact attained the standard, the stated
purpose of the RFP requirement will have already been fulfilled and EPA
does not believe that the area need submit revisions providing for the
further emission reductions described in the RFP provisions of section
182(b)(1). The State submitted the redesignation on November 14, 1994,
and EPA determined the submittal complete in a letter dated March 13,
1995. Due to the reasons stated above, EPA believes the actions
regarding the redesignation and NOX exemption are warranted.
[[Page 55908]]
Comment #10--The commenter requested that EPA deny the
redesignation request until more information is available, including
the results of the Southern Oxidant Study, since the area came close to
having an exceedance last summer and the standard may be violated by
the time the designation process is concluded. The commenter also
asserted that, since there is scientific consensus that the current
standard is not stringent enough to protect public health, and EPA
intends to propose a tighter ozone standard, the area should not be
reclassified.
Response--As stated in the response to comment 8, this action is
based on ambient monitoring data that show no violations of the ozone
NAAQS during the period from 1992 to date in 1996. Other information,
such as results of the Southern Oxidant Study, is not relevant to the
ozone redesignation. Regardless of occurrences of exceedances or near-
exceedances, the Nashville area has attained the ozone standard. As of
this action, the ozone standard is under review as to adequacy in
protecting public health. Since the standard has not been revised, only
attainment of the current standard has been evaluated for this
redesignation.
Comment #11--The commenter expressed concern that redesignating the
area would send the wrong message to the public, which would be to
assume that the problem had been solved.
Response--EPA believes that the maintenance plan is adequate to
maintain the ozone standard in the Nashville area, and redesignating
the area to attainment is appropriate and accurately reflects the
status of air quality concerning the current ozone NAAQS in the
Nashville area.
Comment #12--The commenter disputed the inapplicability of
reasonable further progress and 15% plan requirements; the commenter
stated that EPA's determination exceeds its discretionary regulatory
authority to modify specific statutory requirements.
Response--EPA does not believe that this determination modifies any
specific statutory requirements. The purpose of the RFP (including 15%
plan) requirement is to ensure attainment of the ozone standard by the
attainment date applicable under the CAA. If an area has in fact
attained the standard, the stated purpose of the RFP requirement will
have already been fulfilled, thereby meeting the statutory requirement,
and EPA does not believe that the area need submit revisions providing
for further emissions reductions.
Comment #13--The commenter had serious reservations as to the
adequacy of EPA's conclusion that the TN SIP satisfies the requirements
of Section 110(a)(2) of the CAA, given the unresolved status of the
revisions on which the redesignation is contingent described in the
proposal. The commenter believes a more thorough evaluation of the SIP
by EPA is warranted prior to any further consideration of the
redesignation.
Response--As stated in the response to comment 1, section
107(d)(3)(E) stipulates that a redesignation of a nonattainment area to
attainment may not be promulgated unless conditions (i) through (v)
have been met; in the proposed rule, the redesignation was not
promulgated. As of this final action, the State has met all of the
requirements in section 107(d)(3)(E)(ii). EPA believes, as previously
stated, that the State has met all of the requirements in section
107(d)(3)(E), including all requirements applicable to the area under
section 110. The evaluation of the Tennessee SIP is described in detail
in section 2 of the supplementary information in the proposed rule.
Comment #14--The commenter took exception to the use of EPA's
diluted redesignation guidance (Seitz memo, May 10, 1995). They further
state that most EPA guidance includes procedural devices facilitating
redesignation requests by suspending requirements of SIP revisions,
which is inconsistent with section 107(D)(3)(E). The commenter also
asserts that EPA cannot use the 1995 Seitz memorandum to substitute its
own criteria for redesignation over congressional instruction.
Response--EPA does not believe that the 1995 Seitz memorandum is
being used to substitute EPA's own criteria for redesignation over
congressional instruction. The memorandum sets forth EPA policy to
address whether areas must submit SIP revisions concerning requirements
necessary to attain the ozone standard once an area has attained the
standard. As stated in the response to comment 12, if an area has in
fact attained the standard, the stated purpose of the RFP requirement
will have already been fulfilled, thereby meeting the statutory
requirement, and EPA does not believe that the area need submit
revisions providing for further emissions reductions as long as the
area continues to meet the standard. EPA does not believe that this
policy is inconsistent with section 107(D)(3)(E).
Comment #15--The commenter stated that utilizing the 1995 Seitz
memorandum to render inapplicable CAA sections 172(c)(2) and 182(b)(1)
requirements jeopardizes the Nashville request by making it susceptible
to revocation if subjected to judicial review.
Response--EPA has not utilized the 1995 Seitz memorandum to render
CAA sections 172(c)(2) and 182(b)(1) requirements inapplicable; the
memorandum determines that if the purpose of a requirement has already
been fulfilled, the statutory requirement has been met, and the area
need not submit further SIP revisions regarding a requirement that has
been fulfilled.
Comment #16--The commenter stated that they believe that it is in
the best interests of the Nashville region that EPA stay action on
redesignation requests for ozone nonattainment areas in the states
participating in OTAG until regional ozone precursor emission
strategies are proposed and implemented, and the same should apply to
NOX waivers in the OTAG domain.
Response--Section 107(D)(3)(E) does not provide for incorporating
OTAG strategies in redesignations, nor does section 182(f) for NOX
exemptions. EPA believes the Tennessee request has met all of the
requirements in section 107(D)(3)(E) and is approving the redesignation
in this final action.
Final Action
In this final action, EPA is approving the Nashville O3
maintenance plan, including the 1990 baseline inventory and the 1994
base year inventory, because it meets the requirements of section 175A.
In addition, EPA is redesignating the Nashville area to attainment for
O3 because the State of Tennessee has demonstrated compliance with
the requirements of section 107(d)(3)(E) for redesignation. EPA
believes all comments received have been adequately addressed and is
therefore proceeding with approval of this action.
The O3 SIP is designed to satisfy the requirements of part D
of the CAA and to provide for attainment and maintenance of the O3
NAAQS. This final redesignation should not be interpreted as
authorizing the State of Tennessee to delete, alter, or rescind any of
the VOC or NOX emission limitations and restrictions contained in
the approved O3 SIP. Changes to O3 SIP regulations rendering
them less stringent than those contained in the EPA approved plan
cannot be made unless a revised plan for attainment and maintenance is
submitted to and approved by EPA. Unauthorized relaxations, deletions,
and changes could result in a finding of nonimplementation [section
179(a) of
[[Page 55909]]
the CAA] or in a SIP deficiency call made pursuant to sections
110(a)(2)(H) and 110(k) of the CAA.
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
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 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. Sections 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.
Granting the ozone redesignation makes less burdensome the
requirements on those small entities in the Nashville area that are
regulated under the State's ozone control plan. Accordingly, the
Administrator hereby certifies that this action will not have a
significant economic impact on a substantial number of small entities.
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 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 Federal
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 December 30, 1996. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: October 11, 1996.
John H. Hankinson, Jr.,
Regional Administrator.
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)(144) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(144) The maintenance plan and redesignation request for the
Nashville Area which includes Davidson, Rutherford, Sumner, Williamson,
and Wilson Counties submitted by the Tennessee Department of
Environment and Conservation on November 14, 1994, August 9, 1995, and
January 19, 1996, as part of the Tennessee SIP.
(i) Incorporation by reference.
The following sections of the document entitled Request for
Redesignation of the Middle Tennessee Non-attainment Area from Moderate
Non-attainment to Attainment of the National Ambient Air Quality
Standard for Ozone and the Maintenance Plan: 2.0 Attainment
Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and
Appendix 4 Summaries of Projected Emissions for VOC, NOX, and CO
adopted on January 10, 1996.
(ii) Other material. None.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.343, the ``Tennessee-Ozone'' table is amended by
removing the Nashville area and its entries in the first alphabetical
list and by adding in alphabetical order entries for ``Davidson
County'', ``Rutherford County'', ``Sumner County'', ``Williamson
County'', and ``Wilson County'' to the second listing of counties; and
by revising the entry ``Rest of State'' to read ``Statewide''.
Sec. 81.343 Tennessee
* * * * *
[[Page 55910]]
TENNESSEE--OZONE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statewide..................... Unclassifiable/Attainment.
* * * * * * *
Davidson County............... Oct. 30, 1996.............
* * * * * * *
Rutherford County............. Oct. 30, 1996.............
* * * * * * *
Sumner County................. Oct. 30, 1996.............
* * * * * * *
Williamson County............. Oct. 30, 1996.............
* * * * * * *
Wilson County................. Oct. 30, 1996.............
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. 96-27606 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-50-P
