[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18994]
[[Page Unknown]]
[Federal Register: August 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN 132-6436a; FRL-5009-3]
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 12, 1992, the State of Tennessee through the
Memphis and Shelby County Health Department (MSCHD), submitted a
maintenance plan and a request to redesignate the Memphis and Shelby
County area (classified as a marginal nonattainment area) from
nonattainment to attainment for ozone (O3). The O3
nonattainment area specifically consists of Shelby County. Under the
Clean Air Act, designations can be changed if sufficient data are
available to warrant such changes and the redesignation request
satisfies the criteria set forth in the Clean Air Act for
redesignations. In this action, EPA is approving the State of
Tennessee's submittal because it meets the maintenance plan and
redesignation requirements. The approved maintenance plan will become a
federally enforceable part of the SIP for the Memphis and Shelby County
area.
On January 15, 1993, in a letter from Patrick M. Tobin to Governor
Ned McWherter, the EPA notified the State of Tennessee that the EPA had
made a finding of failure to submit required programs for the
nonattainment area. EPA's redesignation of the Memphis and Shelby
County area to attainment abrogates those requirements for this area.
Therefore, the sanctions and federal implementation plan clocks begun
by those findings are stopped at the time of the redesignation.
EFFECTIVE DATE: This final rule will be effective October 3, 1994
unless adverse or critical comments are received by September 6, 1994.
If the effective date is delayed, timely notice will be published in
the Federal Register.
ADDRESSES: Written comments should be sent to Karen Borel at the EPA
address in Atlanta, Georgia listed below. Copies of the redesignation
request and the State of Tennessee's submittal are available for public
review during normal business hours at the addresses listed below.
EPA's technical support document (TSD) is available for public review
during normal business hours at the EPA addresses listed below.
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 IV, Air Programs Branch, 345
Courtland Street N.E., Atlanta, GA, 30365.
Memphis and Shelby County Health Department, 814 Jefferson Avenue,
Memphis, TN 38105.
FOR FURTHER INFORMATION CONTACT: Karen Borel of the EPA Region IV Air
Programs Branch at (404) 347-2864 and at the Region IV address.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)
were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q). Under section 107(d)(1), in conjunction with the Governor
of Tennessee, EPA designated the Memphis and Shelby County area as
nonattainment because the area violated the O3 standard during the
period from 1987 through 1989. Furthermore, upon designation, the
Memphis and Shelby County area was classified as marginal under section
181(a)(1). (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,
1992), codified at 40 CFR 81.343.)
The Memphis and Shelby County area more recently has ambient
monitoring data that show no violations of the O3 National Ambient
Air Quality Standards (NAAQS), during the period from 1990 through
1992. Therefore, in an effort to comply with the CAA and to ensure
continued attainment of the NAAQS, on November 12, 1992, the State of
Tennessee submitted for parallel processing an O3 maintenance SIP
for the Memphis and Shelby County area and requested redesignation of
the area to attainment with respect to the O3 NAAQS. On May 14,
1993, the MSCHD submitted evidence that a public hearing was held on
the requests to redesignate Memphis and Shelby County from
nonattainment of the NAAQS for both CO and O3 to attainment of the
NAAQS for these pollutants. In addition, there have been no violations
reported for the 1993 O3 season. The request for redesignation
submittal was approved by the TN Air Pollution Control Board on March
9, 1994.
II. Evaluation Criteria
The 1990 Amendments revised section 107(d)(1)(E) to provide five
specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area has met all applicable requirements under section 110
and part D of the CAA;
3. The area has a fully approved SIP under section 110(k) of the
CAA;
4. The air quality improvement must be permanent and enforceable;
and,
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
III. Review of State Submittal
On May 19, 1993, Region IV determined that the information received
from the MSCHD constituted a complete redesignation request under the
general completeness criteria of 40 CFR 51, appendix V, sections 2.1
and 2.2. However, for purposes of determining what requirements are
applicable for redesignation purposes, EPA believes it is necessary to
identify when the MSCHD first submitted a redesignation request that
meets the completeness criteria. EPA noted in a previous policy
memorandum that parallel processing requests for submittals under the
CAA, including redesignation submittals, would not be determined
complete. See the memorandum entitled ``State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air Act (Act) Deadlines'' from
John Calcagni to Air Programs Division Directors, Regions I-X, dated
October 28, 1992 (Memorandum). The rationale for this conclusion was
that the parallel processing exception to the completeness criteria (40
CFR 51, appendix V, section 2.3) was not intended to extend statutory
due dates for mandatory submittals. (See Memorandum at 3-4). However,
since requests for redesignation are not mandatory submittals under the
CAA, EPA believed it appropriate to change its policy with respect to
redesignation submittals to conform to the existing completeness
criteria. (See 58 FR 38108 (July 15, 1993)). Therefore, EPA believes,
the parallel processing exception to the completeness criteria may be
applied to redesignation request submittals, at least until such time
as the EPA decides to revise that exception. MSCHD submitted a
redesignation request on November 12, 1992. In the November 12
submittal, MSCHD submitted the maintenance plan, thereby including the
final element to make the November 12, 1992, request for parallel
processing complete under the parallel processing exception to the
completeness criteria. When the maintenance plan became state effective
on March 9, 1994, the State of Tennessee no longer needed parallel
processing for the redesignation request and maintenance plan.
The Tennessee redesignation request for the Memphis and Shelby
County 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. Ambient air quality
monitoring data for calendar year 1989 through calendar year 1992 show
an expected exceedance rate of less than or equal to 1.0 per year of
the O3 NAAQS in the Memphis and Shelby County area. (See 40 CFR
50.9 and appendix H.) One of the two ozone monitoring sites had no
exceedances over this period of time while the other monitor had one
exceedance. That exceedance occurred in 1989. The design value, or the
``fourth highest high,'' of the two monitors for the calendar year
period of 1990 through 1992 was 0.117 ppm, down from 0.140 ppm in the
period of calendar year 1988 through calendar year 1990, and 0.121 ppm
for the calendar year period of 1989 through 1991. The ozone monitoring
year for 1993 ended on October 31, 1993. One monitor recorded an
exceedance of the 0.120 ppm NAAQS during the 1993 season. The State of
Tennessee has committed to continue monitoring in this area in
accordance with 40 CFR 58. Because the Memphis and Shelby County area
has complete quality-assured data showing no violations of the standard
over the most recent consecutive three calendar year period, the
Memphis and Shelby County area has met the first statutory criterion of
attainment of the O3 NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the Act
On February 6, 1980, and on September 2, 1981, EPA fully approved
Tennessee's SIP as meeting the requirements of section 110(a)(2) and
part D of the 1977 CAA (45 FR 26038 and 45 FR 59578). The amended CAA,
however, revised section 110(a)(2) and, under part D, revised section
172 and added new requirements for all nonattainment areas. Therefore,
for purposes of redesignation, to meet the requirement that the SIP
contain all applicable requirements under the CAA, EPA reviewed the
Tennessee SIP to ensure that it contained all measures due under the
amended CAA prior to or at the time the State of Tennessee submitted
its redesignation request.
A. Section 110 Requirements
Although section 110 was amended, the Memphis and Shelby County
area SIP meets the requirements of amended section 110(a)(2). A number
of the requirements did not change in substance and, therefore, EPA
believes that the pre-amendment SIP met these requirements. As to those
requirements that were amended, see 57 FR 27936 and 57 FR 27939 (June
23, 1992), many are duplicative of other requirements of the CAA. EPA
has analyzed the SIP and determined that it is consistent with the
requirements of amended section 110(a)(2).
B. Part D Requirements
Before the Memphis and Shelby County area may be redesignated to
attainment, it also must have fulfilled the applicable requirements of
part D. Under part D, an area's classification indicates the
requirements to which it will be subject. Subpart 1 of part D sets
forth the basic nonattainment requirements applicable to all
nonattainment areas, classified as well as nonclassifiable. Subpart 2
of part D establishes additional requirements for O3 nonattainment
areas classified under table 1 of section 181(a). The Memphis and
Shelby County area is classified as marginal (See 56 FR 56694, codified
at 40 CFR 81.334). The State of Tennessee submitted their request for
redesignation of the Memphis and Shelby County area prior to November
15, 1992. Therefore, in order to be redesignated to attainment, the
State of Tennessee must meet the applicable requirements of subpart 1
of part D, specifically sections 172(c) and 176, and the requirements
of subpart 2 of part D, which became due on or before November 12,
1992, the date the State submitted a complete redesignation request.
EPA interprets section 107(d)(3)(E)(v) to mean that, for a
redesignation request to be approved, the State must have met all
requirements that became applicable to the subject area prior to or at
the time of the submission of the redesignation request. Requirements
of the CAA that come due subsequent to the submission of the
redesignation request continue to be applicable to the area (see
section 175A(c)) and, if the redesignation is disapproved, the State
remains obligated to fulfill those requirements.
B1. Subpart 1 of Part D--Section 172. Section 172(c) sets forth
general requirements applicable to all nonattainment areas. Under
section 172(b), the section 172(c) requirements are applicable as
determined by the Administrator but no later than three years after an
area is designated as nonattainment. EPA had not determined that these
requirements were applicable to classified O3 nonattainment areas
on or before November 12, 1992, the date that the State of Tennessee
submitted a complete redesignation request for the Memphis and Shelby
County area. Therefore, the State of Tennessee was not required to meet
these requirements for purposes of redesignation.
Upon redesignation of this area to attainment, the Prevention of
Significant Deterioration (PSD) provisions contained in part C of title
I are applicable. On June 24, 1982, the EPA approved the State of
Tennessee's PSD program (47 FR 27269).
B2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions.
Section 176(c) of the CAA requires States to revise their SIPs to
establish criteria and procedures to ensure that federal actions,
before they are taken, conform to the air quality planning goals in the
applicable SIP. The requirement to determine conformity applies to
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other federal
actions (``general conformity''). Section 176 further provides that the
conformity revisions to be submitted by states must be consistent with
federal conformity regulations that the CAA required EPA to promulgate.
Congress provided for the state revisions to be submitted one year
after the date for promulgation of final EPA conformity regulations.
When that date passed without such promulgation, EPA's ``General
Preamble for the Implementation of title I'' informed states that its
conformity regulations would establish a submittal date (see 57 FR
13498, 13557 (April 16, 1992)).
The EPA promulgated final transportation conformity regulations on
November 24, 1993, (58 FR 62188) and general conformity regulations on
November 30, 1993, (58 FR 63214). These conformity rules require that
states adopt both transportation and general conformity provisions in
the SIP for areas designated nonattainment or subject to a maintenance
plan approved under CAA section 175A. Pursuant to section 51.396 of the
transportation conformity rule and section 51.851 of the general
conformity rule, the State of Tennessee is required to submit a SIP
revision containing transportation conformity criteria and procedures
consistent with those established in the federal rule by November 25,
1994. Similarly, Tennessee is required to submit a SIP revision
containing general conformity criteria and procedures consistent with
those established in the federal rule by December 1, 1994. Because the
deadlines for these submittals have not yet come due, they are not
applicable requirements under section 107(d)(3)(E)(v) and, thus, do not
affect approval of this redesignation request.
B3. Subpart 2 of Part D. Under section 182(a)(2)(A) areas that
retained a designation of nonattainment for O3 under the amended
CAA and that are classified as marginal or above were required to fix
their pre-amendment VOC RACT SIPs. Tennessee submitted the VOC RACT
fixups for purposes of redesignating the Memphis and Shelby County
area. These were published in the Federal Register on April 18, 1994,
and became effective on June 17, 1994.
Under section 182(b), several requirements were due for marginal
O3 nonattainment areas on November 15, 1992, such as VOC RACT
catch-ups, Gasoline Vapor Recovery, New Source Review, and Emission
Statements. Tennessee failed to submit these measures for the Memphis
and Shelby County area. On January 15, 1993, EPA made a finding of
failure to submit these measures by letter from Patrick M. Tobin,
Acting Regional Administrator, to Ned McWherter, Governor of Tennessee.
However these requirements are not applicable for purposes of
considering the State's redesignation request. For purposes of
redesignation, EPA must consider whether the State has met all
requirements that were applicable prior to the time the state submitted
the redesignation request. Since Tennessee submitted the redesignation
request for Memphis and Shelby County on November 12, 1992, these
measures are not relevant for purposes of redesignation. Therefore, all
subpart 2 requirements that were applicable at the time the State
submitted its redesignation request have been met. The VOC RACT fixups
and the Alternate Emission Standards were published in the Federal
Register on April 18, 1994, and were effective on June 17, 1994. The
PSD regulations were approved on June 24, 1982.
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 the Memphis and Shelby County area has a fully approved
SIP under section 110(k), which also meets the applicable requirements
of section 110 and part D as discussed above.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Memphis and
Shelby County area violated the O3 NAAQS. The State of Tennessee
believes that the predominance of the emission reductions that have
occurred, as demonstrated by a comparison of previous emission
inventories versus the 1990 base year emission inventory that was
presented in their supplemental submittal of March 31, 1994 (as
attachment E), that air quality has been improved in the Memphis and
Shelby County area as a result of permanent and enforceable emission
reductions through local, state and federal programs. Of significance
are emission reductions of point source VOC's from 49,000 tons per year
(tpy) in 1979, to 27,633 tpy in 1983, to 14,986 tpy in 1990. The VOC
reductions that have occurred are the result of several factors. These
include federal emission limitations and fleet turnover, the Memphis
vehicle inspection and maintenance (I&M) program to enforce the federal
limitations and the implementation and enforcement of Shelby County
regulations concerning the construction and operation of VOC emitting
sources. These sources are regulated as they relate to new source
requirements for best available control technology (BACT), lowest
achievable emission rate (LAER) technology and offsets, and to existing
source requirements calling for the installation of reasonably
available control technology (RACT). The I&M program has been in
operation since the mid-1980's and has been improved in its operation
from a quality standpoint since that time. The Savings Clause For
Vehicle Inspection and Maintenance [CAA section 187(a)(4)] insures, at
a minimum, the continuation of I&M in the current configuration. Air
pollution regulations have been in existence, in large part, since the
1970's and early 1980's with continued amendments and improvements
since that time. Projections indicate that VOC emissions will not
exceed the 1990 baseline inventory before the year 2005.
These reductions have occurred while Memphis has continued to
pursue, expand and enhance accountability of sources both in quality
and quantity. Also of significance are reductions in mobile source
emissions which may not be readily apparent from comparisons of the
different inventories. Road projects that make up the Transportation
Improvement Plan (TIP) must have a positive impact on air quality.
These projects, including some outlying area signal improvements, a
Suburban Transit Center program for the Memphis Area Transit Authority
(MATA) and a Land Use/Transportation Systems Integration Study, should
provide some measure for reduction to the mobile source emission
inventory. Finally, road construction or improvement projects, in order
to meet conformity requirements, must provide a positive effect on air
quality. The contribution of these projects to air quality is evaluated
by computer modelling using MOBILE5A. This will be quantified annually
in the conformity process for TIP approval. However, allowing for the
increased vehicle population and increased vehicle miles travelled,
strides have been made in reducing vehicular emissions.
In association with its emission inventory discussed below, the
State of Tennessee has demonstrated that actual enforceable emission
reductions are responsible for the recent air quality improvement and
that the VOC emissions in the base year are not artificially low due to
local economic downturn.
5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to
Section 175A of the Act
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 notice, EPA is approving the State of Tennessee's
maintenance plan for the Memphis and Shelby County area because EPA
finds that the State of Tennessee's submittal meets the requirements of
section 175A.
A. Emissions Inventory--Base Year Inventory
On March 31, 1994, the State of Tennessee submitted comprehensive
inventories of VOC, NOX, and CO emissions from the Memphis and
Shelby County area. The inventories included biogenic, area,
stationary, and mobile sources using 1990 as the base year for
calculations to demonstrate maintenance. The 1990 inventory is
considered representative of attainment conditions because the NAAQS
was not violated during 1990. The 1990 Base Year Emission Inventory for
point sources for the Memphis and Shelby County area has been submitted
to EPA in SIP Air Pollutant Inventory Management Subsystem (SAMS)
format. The remaining data has been submitted in tabular format.
The State of Tennessee submittal contains the detailed inventory
data and summaries by source location and source category. This
comprehensive base year emissions inventory was submitted in the SAMS
format. Finally, this inventory was prepared in accordance with EPA
guidance. A summary of the base year and projected maintenance year
inventories is shown in the following three tables. The CO and the
biogenic VOC values are included as a part of the 1990 base year
emission inventory. This notice is approving the base year inventory.
Refer to the TSD prepared for this notice for more in-depth details
regarding the base year inventory for the Memphis and Shelby County
area.
VOC Emission Inventory Summary
[Tons per day]
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1990 1993 1996 1999 2002 2004
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Point............................. 74.61 78.11 81.66 85.07 88.31 90.42
Area.............................. 76.13 77.51 78.92 80.34 81.80 82.78
Mobile............................ 91.53 66.65 64.90 64.94 64.70 64.38
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Total....................... 284.77 222.27 225.48 230.35 234.81 237.58
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NOX Emission Inventory Summary
[Tons per day]
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1990 1993 1996 1999 2002 2004
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Point............................. 139.72 179.76 162.10 162.13 139.47 139.85
Area.............................. 4.04 4.12 4.19 4.27 4.34 4.40
Mobile............................ 89.63 83.31 82.23 82.99 83.31 83.29
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Total....................... 233.39 267.19 248.52 249.39 227.12 227.54
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CO Emission Inventory Summary for 1990
[Tons per day]*
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Area Non-road Mobile Point Total
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Emissions for 1990............................. 94.41 168.46 295.00 5.69 563.56
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*Projections were not made for these categories.
Biogenics Emission Inventory Summary for 1990
[Tons per day]*
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Biogenics
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1990....................................................... 42.50
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*Projections were not made for these categories.
B. Demonstration of Maintenance--Projected Inventories
Total VOC, NOX, and CO emissions were projected from the 1990
base year out to 2004. These projected inventories were prepared in
accordance with EPA guidance. Refer to EPA's TSD prepared for this
notice for more in-depth details regarding the projected inventory for
the Memphis and Shelby County area.
On March 31, 1994, the State of Tennessee submitted supplemental
projection inventories. The data submitted for 1993 showed a higher
level of NOX emissions than the base year, however, the Memphis/
Shelby County nonattainment area was still in attainment during 1993.
All following years' data is below the 1993 level, therefore, continued
attainment is expected. The projected emissions for 1993 closely
approximate actual 1993 data. The NOX levels projected for 1996
and 1999, although higher than the base year levels, are significantly
lower than the 1993 levels, which, as noted above, did not cause a
violation of the standard. The levels for 2002 and 2004 projected as
less than the attainment year. Although approval of NOX increases
above a de minimis level is a departure from EPA guidance, EPA believes
that the emissions projections demonstrate that the area will continue
to maintain the O3 NAAQS because this area achieved attainment
through VOC controls and reductions. The projected emission inventories
were submitted in the SAMS format.
C. Verification of Continued Attainment
Continued attainment of the O3 NAAQS in the Memphis and Shelby
County area depends, in part, on the State of Tennessee's efforts
toward tracking indicators of continued attainment during the
maintenance period. The Memphis and Shelby County area will utilize the
several plan elements to maintain current acceptable ozone levels. The
air quality monitoring network will continue to operate in accordance
with 40 CFR Part 58, with no reductions to the existing monitoring
network. Any relocation of monitors will be agreed upon by the EPA
prior to their relocation. Existing stationary source control will
continue. Additional companies subject to RACT regulations will be
added to the source listing, and will be required to comply with
emission standards. Sources wishing to locate in Shelby County will
continue to undergo new source review requirements to include the
installation of best available control technology. A triennial
emissions inventory will be performed to include area, mobile and point
sources of volatile organic compounds and nitrogen oxides. This
inventory will be developed in conjunction with emission inventories
for Carbon Monoxide. The first year for inclusion as an inventory year
is 1993, with said inventory to be accomplished by December 31, 1994
and submitted for approval to the State of Tennessee by January 31,
1995. Successive inventories are to be accomplished using the same
procedure. When the triennial inventory exceeds the projected inventory
by more than ten percent, then the inventory development will be
increased to an annual event. Inspection and Maintenance (I & M) of the
automobile will continue in the City of Memphis with an increased
emphasis on enforcement to assure vehicle owner participation.
D. Contingency Plan
The level of VOC and NOX emissions in the Memphis and Shelby
County 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,
the State of Tennessee has provided contingency measures with a
schedule for implementation in the event of a future O3 air
quality problem. The State of Tennessee's contingency plan is triggered
by a violation of the Ozone NAAQS of 0.12 ppm that occurs after
redesignation to attainment. Plan implementation would begin upon
confirmation of an ozone violation. The plan contains a contingency to
implement pre-adopted additional control measures such as Reasonable
Available Control Technology (RACT) level control for not previously
controlled VOC sources. Development of requirements to lower emissions
of NOX from stationary fuel burning sources would also begin
immediately. These pre-adopted additional measures for RACT will be
implemented within 90 days of the date the State certifies to EPA that
the air quality data which demonstrates a violation of the O3
NAAQS is quality assured. NOX regulations would be implemented
within two years of the ozone violation. A complete description of
these contingency measures and their triggers can be found in the TSD
prepared for this notice. EPA finds that the contingency measures
provided in the State of Tennessee 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.
Final Action
In this final action, EPA is approving the Memphis and Shelby
County O3 maintenance plan, including the 1990 base year emission
inventory, because it meets the requirements of section 175A. In
addition, the EPA is redesignating the Memphis and Shelby County area
to attainment for O3 because the State of Tennessee has
demonstrated compliance with the requirements of section 107(d)(3)(E)
for redesignation. This action stops the sanctions and federal
implementation plan clocks that were triggered for the Memphis and
Shelby County area by the January 15, 1993, findings letter.
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 October 3, 1994 unless, within 30 days of its publication,
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 October 3, 1994.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
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 VOC 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 the CAA) or in a SIP deficiency
call made pursuant to sections 110(a)(2)(H) and 110(k) of the CAA.
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
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
Under section 307(b)(1) of the CAA, 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 October
3, 1994. 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).)
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989, (54 FR 2214-2225) as revised by a Memorandum from
Michael H. Shapiro to Regional Administrators, dated October 4, 1993.
On January 6, 1989, the Office of Management and Budget (OMB) waived
Table 2 and 3 SIP revisions (54 FR 2222) from the requirements of
section 3 of Executive Order 12291 for two years. The U.S. EPA has
submitted a request for a permanent waiver for Table 2 and Table 3 SIP
revisions. OMB has agreed to continue the temporary waiver until such
time as it rules on EPA's request. This request continues in effect
under Executive Order 12866 which superseded Executive Order 12291 on
September 30, 1993.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, and Ozone.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
and Wilderness areas.
Dated: June 28, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
Parts 52 and 81 of chapter I, title 40, Code of Federal
Regulations, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart RR--Tennessee
2. Section 52.2220 is amended by adding paragraph (c)(122) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(122) The maintenance plan and emission inventory for the Memphis
and Shelby County Area which includes Shelby County and the City of
Memphis submitted by the Tennessee Department of Environment and
Conservation on November 12, 1992, and March 31, 1994, as part of the
Tennessee SIP.
(i) Incorporation by reference. (A) Amendment to the Original
Submittal of Nonregulatory Amendment to State Implementation Plan for
Shelby County Redesignation from Nonattainment to Attainment
Classification for Ozone submitted March 31, 1994, and prepared by the
Memphis and Shelby County Health Department, Pollution Control Section
for the Tennessee Department of Conservation. The effective date is
March 9, 1994 for the following provisions:
Section I--Requirement One--Air Quality Data Shows Area Meets NAAQS
Section IV--Requirement Four--Maintenance Plan
Attachment F:
Shelby County Emission Projections Volatile Organic Compounds
(Summer Season)
Shelby County Emissions Projections 1990-2004 Nitrogen Oxides
(Summer Season)
(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.
2. Section 81.343 is amended by revising the attainment status
designation table for ozone to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--Ozone
----------------------------------------------------------------------------------------------------------------
Designated Classification
Designation area -------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Knoxville Area:
Knox County........... 1/6/92 Nonattainment............. 1/6/92 Marginal.
Nashville Area:
Davidson County....... 1/6/92 Nonattainment............. 1/6/92 Moderate.
Rutherford County..... 1/6/92 Nonattainment............. 1/6/92 Moderate.
Sumner County......... 1/6/92 Nonattainment............. 1/6/92 Moderate.
Williamson County..... 1/6/92 Nonattainment............. 1/6/92 Moderate.
Wilson County......... 1/6/92 Nonattainment............. 1/6/92 Moderate.
Rest of State............. 1/6/92 Unclassifiable/Attainment. 1/6/92 Moderate.
Anderson County
Bedford County
Benton County
Bledsoe County
Blount County
Bradley County
Campbell County
Cannon County
Carroll County
Carter County
Cheatham County
Chester County
Claiborne County
Clay County
Cocke County
Coffee County
Crockett County
Cumberland County
DeKalb County
Decatur County
Dickson County
Dyer County
Fayette County
Fentress County
Franklin County
Gibson County
Giles County
Grainger County
Greene County
Grundy County
Hamblen County
Hamilton County
Hancock County
Hardeman County
Hardin County
Hawkins County
Haywood County
Henderson County
Henry County
Hickman County
Houston County
Humphreys County
Jackson County
Jefferson County
Johnson County
Lake County
Lauderdale County
Lawrence County
Lewis County
Lincoln County
Loudon County
Macon County
Madison County
Marion County
Marshall County
Maury County
McMinn County
McNairy County
Meigs County
Monroe County
Montgomery County
Moore County
Morgan County
Obion County
Overton County
Perry County
Pickett County
Polk County
Putnam County
Rhea County
Roane County
Robertson County
Scott County
Sequatchie County
Sevier County
Shelby County......... 10/3/94
Smith County
Stewart County
Sullivan County
Tipton County
Trousdale County
Unicoi County
Union County
Van Buren County
Warren County
Washington County
Wayne County
Weakley County
White County
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 94-18994 Filed 8-3-94; 8:45 am]
BILLING CODE 6560-50-P
