[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21411]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN123-1-6349-FRL-5062-5]
Designation of Areas for Air Quality Planning Purposes; State of
Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The purpose of this document is to accelerate the effective
date for the redesignation of Memphis/Shelby County, Tennessee, from
nonattainment to attainment for the carbon monoxide (CO) air quality
standard. EPA previously published a direct final action redesignating
the Memphis/Shelby County CO nonattainment area effective September 26,
1994. Since no comments were received during the public comment period
on that notice and sanctions would otherwise be imposed for a brief
period, this notice makes the redesignation effective immediately. This
action stops the sanction clock and thus prevents sanctions from being
imposed on the Memphis/Shelby County area.
EFFECTIVE DATE: This action will be effective on August 31, 1994.
ADDRESSES: Environmental Protection Agency, Region IV, Air Programs
Branch, 345 Courtland Street NE, Atlanta, Georgia, 30365.
FOR FURTHER INFORMATION CONTACT: Ben Franco of the EPA Region IV Air
Programs Branch at (404) 347-3555 ext 4211, and at the above address.
SUPPLEMENTARY INFORMATION: On July 26, 1994, EPA published a direct
final notice (see 59 FR 37939) redesignating the Memphis/Shelby County
area from nonattainment to attainment for CO. That notice stated the
effective date of the redesignation would be September 26, 1994, if no
adverse comments were received. No adverse comments have been received.
Subsequently, on August 4, 1994, EPA published a rule (see 59 FR 39832)
identifying areas with findings in place that would be subject to
sanctions under the Clean Air Act (the Act) as amended in 1990. This
action becomes effective on September 6, 1994. The Memphis/Shelby
County, Tennessee, CO nonattainment area was identified as one of the
areas which would be subject to sanctions under section 179(A) of the
Act beginning on September 6, 1994.
The 18-month clock leading to the imposition of these sanctions was
started by a letter dated January 15, 1993, in which EPA found that the
State of Tennessee had failed to submit a state implementation plan
(SIP) for an oxygenated fuels program and corrections to a basic
inspections/maintenance program by November 15, 1992. These sanctions
would be lifted once the redesignation becomes effective.
Under the timetable established by the August 4, 1994, sanction
rule and the July 26, 1994, redesignation notice, sanctions would be in
place from September 6, 1994, to September 26, 1994, the effective date
established in the July 26, 1994, redesignation notice. In order to
prevent the imposition of sanctions for a three week period on an area
whose redesignation to attainment has been approved, EPA is hereby
accelerating the effective date of the redesignation and making it
effective immediately upon publication of this notice. This will
alleviate a restriction for which there is no useful purpose in this
instance.
Final Action
The EPA published this action on July 26, 1994, (see 59 FR 37939)
without prior proposal because the Agency viewed this as a
noncontroversial amendment and anticipated no adverse comments. Since
no comments were received the final rule published on July 26, 1994 (59
FR 37939) amending 40 CFR 52.2220 and Sec. 81.343 is effective August
31, 1994, under the authority of the Clean Air Act (42 U.S.C. 7401-
7671q).
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.
List of Subjects
40 CFR Part 52
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 22, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-21411 Filed 8-30-94; 8:45 am]
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