[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62695-62698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30952]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN 86-1-9802a; TN 127-1-9803a; FRL-5923-2]
Designation of Areas for Air Quality Planning Purposes;
Tennessee: Redesignation of the Polk County and New Johnsonville Sulfur
Dioxide Nonattainment Areas to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving maintenance plans and requests for
redesignation of the Polk County area and portions of Benton and
Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant
(New Johnsonville area) from nonattainment to attainment for the sulfur
dioxide (SO2) National Ambient Air Quality Standards
(NAAQS), pursuant to requests submitted on January 6, 1988, July 12,
1990, December 17, 1993, and April 17, 1995, by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC).
DATES: This final rule is effective January 26, 1998 unless notice is
received by December 26, 1997 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to:
For the Polk County area: Scott M. Martin, Regulatory Planning
Section, Air Planning Branch, Air, Pesticides & Toxics Management
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,
Atlanta, Georgia 30303.
For the New Johnsonville area: Steven M. Scofield, Regulatory
Planning Section, Air Planning Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 61
Forsyth Street, Atlanta, Georgia 30303.
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.
Environmental Protection Agency, Region 4 Air Planning Branch, 61
Forsyth Street, Atlanta, Georgia 30303.
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, 9th Floor L & C Annex, 401 Church Street, Nashville,
Tennessee 37243-1531.
FOR FURTHER INFORMATION CONTACT:
For the Polk County area: Scott M. Martin, Regulatory Planning
Section, Air Planning Branch, Air, Pesticides & Toxics Management
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,
Atlanta, Georgia 30303. The telephone number is 404/562-9036.
For the New Johnsonville area: Steven M. Scofield, Regulatory
Planning Section, Air Planning Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 61
Forsyth Street, Atlanta, Georgia 30303. The telephone number is 404/
562-9034.
SUPPLEMENTARY INFORMATION:
In a Federal Register document published March 3, 1978, (43 FR
8962) the Polk County and New Johnsonville areas were designated
nonattainment for SO2. On July 12, 1990, the State of
Tennessee, through the TDEC, submitted a request for redesignation of
the Polk County SO2 nonattainment area to attainment. This
request did not contain a maintenance plan, including contingency
measures, as required in section 107(d)(3)(E) of the Clean Air Act
(CAA). Subsequently, on April 17, 1995,
[[Page 62696]]
the State submitted a maintenance plan that completed the redesignation
request. The State of Tennessee has met all of the CAA requirements for
redesignation pursuant to Section 107(d)(3)(E).
On January 6, 1988, the State of Tennessee, through the TDEC,
submitted a request for redesignation of the New Johnsonville
SO2 nonattainment area to attainment. The submittal was not
approvable due to stack height issues that were affected by a January
22, 1988, court decision, which prohibited EPA from exempting stack
height increases from demonstration requirements. Since the 1990
amendments to the CAA, it has been EPA's policy to approve
redesignation requests affected by that court decision. However, this
request did not contain a maintenance plan, including contingency
measures, as required in section 107(d)(3)(E) of the CAA. Subsequently,
on December 17, 1993, the State submitted a maintenance plan that
completed the redesignation request. The State of Tennessee has met all
of the CAA requirements for redesignation pursuant to Section
107(d)(3)(E).
Section 107(d)(3)(E)(i). The Administrator has determined that the
area has attained the NAAQS.
Tennessee submitted air quality data demonstrating attainment with
both the primary and secondary SO2 NAAQS for the years 1988
and 1989 in the Polk County area and 1981 through 1993 in the New
Johnsonville area. As required by the EPA for SO2
redesignations, a nonattainment area must demonstrate attainment by
showing no more than one exceedance annually for two complete,
consecutive calendar years and must continue in attainment status until
the final notice approving such redesignation is effective. During that
period there were no exceedances in the Polk County area and one
exceedance of each of the primary and secondary NAAQS during 1986 in
the New Johnsonville area, and hence, no violations of the
SO2 NAAQS. Both areas have continued to monitor attainment
of the SO2 NAAQS to date.
Section 107(d)(3)(E)(ii). The Administrator has fully approved the
applicable implementation plan for the area under Section 110(k).
The Tennessee SO2 State Implementation Plan (SIP) is
fully approved and meets all requirements under section 110(k) which
are applicable to the Polk County and New Johnsonville areas.
Additionally, Reasonably Available Control Technology (RACT) emission
limits for sources located in the Polk County area are specified in
Rule 1200-3-19-.19 of the Tennessee Air Pollution Control regulations
and RACT limits for the New Johnsonville area are specified in Rule
1200-3-19-.14 of the Tennessee Air Pollution Control regulations. TDEC
Rule 1200-3-19-.19 became federally enforceable after EPA approval and
publication in the Federal Register on February 6, 1980 (45 FR 8004)
and May 27, 1982 (47 FR 23160) and TDEC Rule 1200-3-19-.14 became
federally enforceable after EPA approval and publication in the Federal
Register on April 7, 1993 (58 FR 18011).
Section 107(d)(3)(E)(iii). The Administrator determines that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan and applicable Federal air pollutant control
regulations and other permanent and enforceable reductions.
The BIT Manufacturing, Inc. facility is the only significant source
of SO2 emissions located in or impacting the Polk County
area. The TDEC submits that the present SIP is adequate and the RACT
emission limitations contained in TDEC Rule 1200-3-19-.19 have resulted
in permanent and enforceable reductions in emissions. TDEC Rule 1200-3-
19-.19 became federally enforceable after EPA approval and publication
in the Federal Register on February 6, 1980 (45 FR 8004), and May 27,
1982 (47 FR 23160).
For the New Johnsonville area, the State has demonstrated that the
present SIP is adequate and the RACT emission limitations contained in
TDEC Rule 1200-3-19-.14 have resulted in permanent and enforceable
reductions in emissions. TDEC Rule 1200-3-19-.14 became federally
enforceable after EPA approval and publication in the Federal Register
on April 7, 1993 (58 FR 18011).
Section 107(d)(3)(E)(iv). The Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A.
Section 175A of Part D of the CAA requires maintenance and
contingency plans for nonattainment areas before redesignation can
occur. As required by section 175A the TDEC submitted to the EPA air
dispersion modeling which demonstrated maintenance of the
SO2 NAAQS. The TDEC used EPA approved models ISC2 and
COMPLEX1 (VALLEY screening mode) as their dispersion models.
Additionally, for both areas, the TDEC will evaluate any permittable
SO2 emissions increases from existing sources, or any
permittable SO2 emissions from any new source that might
locate in the area, with atmospheric dispersion modeling to ensure that
compliance with the NAAQS for SO2 is maintained. The
maintenance plan is to be in effect for a ten year period after
redesignation of the area. The State must also submit an additional
plan, 8 years after redesignation of the area, for maintaining the
NAAQS for 10 years after the expiration of the initial 10-year
maintenance period. In the case of the Polk County area, attainment of
both the primary and secondary NAAQS has been evident since 1988. The
RACT standards in place have achieved the desired effect of a
maintenance plan. Therefore, the maintenance plan for the Polk County
area will also include continued implementation of the RACT standards
specified in TDEC Rule 1200-3-19-.19. In the case of the New
Johnsonville area, attainment of both the primary and secondary NAAQS
has been evident since 1981. The RACT standards in place have achieved
the desired effect of a maintenance plan. Therefore, the maintenance
plan for the New Johnsonville area will also include continued
implementation of the RACT standards specified in TDEC Rule 1200-3-
19-.14.
Any violation of the NAAQS for SO2 will trigger
initiation of TDEC's contingency plan for the Polk County and New
Johnsonville areas. TDEC regulations contained in Chapter 20 require
companies to maintain logs for malfunctions and upsets. This includes
production of records and log notes regarding operation of processes or
fuel burning, control room data, and pollution control equipment data.
In the event of exceedances of the NAAQS, a field visit within 30 days
will be conducted by the TDEC and a field report shall be completed
within 45 days concerning the findings and conclusions. The following
three-fold approach shall be utilized based on the particular situation
described below.
1. If current SIP emission limits are exceeded, then the TDEC will
proceed with enforcement action according to the Tennessee EPA
enforcement agreement. Corrective action measures will be required by
the TDEC in a timely manner. The TDEC requires a form entitled APC-19,
``Proposed Schedule for Corrective Action'', to be returned which
outlines specific measures and time frames for facilities to bring the
violating source into compliance in a timely manner.
2. If no emission limits are exceeded and it is determined that the
current SIP requirements are inadequate to maintain the NAAQS, within
60 days of issuance of the field report revised SIP permits
[[Page 62697]]
with more stringent emission limits will be formulated. A compliance
schedule to achieve the revised emission limits will be incorporated in
any new permits as part of the SIP.
3. If there is an exceedance of the SO2 standard and no
emission limit is violated and the TDEC has evidence that the ambient
exceedance resulted from a permitted source or a non-permitted source
due to an accidental release, the situation would be handled using one
of the two following methods.
(1) If the source is permitted and is within the maintenance area,
a plan of future action will be formulated within 90 days by the
facility acceptable to the TDEC to either prevent and/or handle
incidents of this nature.
(2) If the source is not permitted, the TDEC will contact the party
and negotiate, if possible, a voluntary plan of action for the future.
Section 107(d)(3)(E)(v). The State containing such area has met all
requirements applicable to the area under Section 110 and Part D.
Tennessee has complied with all requirements for section 110 of the
CAA and part D. The implementation plan meets the requirements of
section 110 of the CAA and the RACT plan in place provides specific
emission limits to minimize SO2 emissions. Part D entitled
Plan Requirement for Nonattainment Area lists general plans for
nonattainment areas which include attainment dates, incorporating RACT,
tracking reasonable further progress (RFP), compiling periodic
inventories, adopting enforceable measures, and permitting new and
modified sources in accordance with section 173 while not interfering
with RFP. All of the above measures have been adopted by the TDEC and
approved in the SIP. Therefore, all of the requirements for section
107(d)(3)(E) have been satisfied.
Final Action
In this action, EPA is approving the Polk County area
SO2 maintenance plan submitted on April 17, 1995, and the
New Johnsonville area SO2 maintenance plan submitted on
December 17, 1993, because both meet the requirements of section 175A.
In addition, the Agency is approving the request to redesignate the
Polk County and New Johnsonville SO2 areas to attainment,
because the State has demonstrated compliance with the requirements of
section 107(d)(3)(E) for redesignation.
The SO2 SIP is designed to satisfy the requirements of
part D of the CAA and to provide for attainment and maintenance of the
SO2 NAAQS. This final redesignation should not be
interpreted as authorizing the State to delete, alter, or rescind any
of the SO2 emission limitations and restrictions contained
in the approved SO2 SIP. Changes to SO2 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 both a finding of
non-implementation [section 173(b) of the CAA] and in a SIP deficiency
call made pursuant to section 110(a)(2)(H) of the CAA.
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 January 26, 1998 unless, by December 26, 1997 adverse or
critical comments are received, or the areas fail to continue in
attainment status until the final notice approving such redesignation
is effective.
If the EPA receives such comments or the areas fail to continue in
attainment status until the final action approving such redesignation
is effective, 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 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 January 26, 1998.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to attainment under section 107(d)(3)(E)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. The
Regional Administrator certifies that the approval of the redesignation
request will not affect 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 promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the 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
[[Page 62698]]
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 January 26, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: October 10, 1997.
A. Stanley Meiburg,
Acting 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 paragraphs (c)(159) and
(160) to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(159) The maintenance plan and redesignation request for the Polk
County area submitted by the Tennessee Department of Environment and
Conservation on April 17, 1995, as part of the Tennessee SIP.
(i) Incorporation by reference. The following sections of the
Tennessee Department of Environment and Conservation Board Order Number
95-24: VI. Maintenance and contingency plan adopted on April 12, 1995.
(ii) Other material. None.
(160) The maintenance plan and redesignation request for the New
Johnsonville Area which includes that portion of Benton and that
portion of Humphreys Counties, Tennessee, surrounding TVA's
Johnsonville plant submitted by the Tennessee Department of Environment
and Conservation on December 17, 1993, as part of the Tennessee SIP.
(i) Incorporation by reference. The following sections of the
Tennessee Department of Environment and Conservation Board Order Number
93-25: I. Maintenance Plan; and II. Contingency Plan adopted on
December 15, 1993.
(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-SO2'' table is
amended by revising the entries for ``That portion of Benton County
surrounding TVA's Johnsonville plant'', ``That portion of Humphreys
County surrounding TVA's Johnsonville plant'', and ``Polk County'' to
read as follows:.
Sec. 81.343 Tennessee
* * * * *
Tennessee--SO2
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Does not Does not
meet meet Cannot be Better than
Designated area primary secondary classified national
standards standards standards
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That portion of Benton County surrounding TVA's
Johnsonville plant........................................ ........... ........... ........... X
* * * * * * *
That portion of Humphreys County surrounding TVA's
Johnsonville plant........................................ ........... ........... ........... X
* * * * * * *
Polk County................................................ ........... ........... ........... X
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[FR Doc. 97-30952 Filed 11-24-97; 8:45 am]
BILLING CODE 6560-50-U
