[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Rules and Regulations]
[Pages 42068-42070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20578]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-150-01-9711a; FRL-5866-1]
Approval and Promulgation of Implementation Plans, Tennessee:
Approval of Revisions to Maintenance Plan for Knox County, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Knox County portion of the
State Implementation Plan regarding the Ozone Maintenance Plan and
associated projections of future emissions submitted on January 18,
1995, by the Tennessee Department of Environment and Conservation. The
purpose of this action is to establish an emissions budget in Knox
County in accordance with the Transportation Conformity provisions
promulgated on November 24, 1993.
DATES: This final rule is effective October 6, 1997, unless adverse or
critical comments are received by September 4, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to
Benjamin Franco at the Environmental Protection Agency, Region 4 Air
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies
of 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. Reference file TN150-01-9711. The Region 4 office may
have additional background documents not available at the other
locations.
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, SW, Atlanta, Georgia 30303. Benjamin Franco, (404)-562-
9039.
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, L&C Annex, 9th Floor, 401 Church Street, Nashville,
Tennessee 37243-1531. Telephone: (615) 532-0554.
Knox County Department of Air Pollution Control, City County Building,
Suite 339, 400 West Main Street, Knoxville, Tennessee, 37902.
Telephone: (615) 521-2488.
FOR FURTHER INFORMATION CONTACT: Benjamin Franco at 404/562-9039.
SUPPLEMENTARY INFORMATION: Section 176(c)(2)(A) of the Clean Air Act
specifically requires conformity determinations to show that
``emissions expected from implementation of such plans and programs are
consistent with estimates of emissions from motor vehicles and
necessary emissions reductions.'' SIP demonstrations of reasonable
further progress, attainment, and maintenance contain these emission
estimates and ``necessary emission reductions.'' The emissions budget
is the mechanism EPA has identified for carrying out the demonstration
of consistency.
The emissions budget may be revised at any time through the
standard SIP revision process, provided the SIP demonstrates that the
revised emission budget will not threaten attainment and maintenance of
the standard or any milestone in the required timeframe. The State may
choose to revise its SIP emission budgets in order to reallocate
emissions among sources or among pollutants and precursors.
Section 51.456(b) of the Transportation Conformity Rule (58 FR
62232) provides that in cases where a SIP submitted prior to November
24, 1993, does not have an explicit emissions budget but quantifies a
``safety margin'' by which emissions from all sources are less than the
total emissions that would be consistent with attainment, the State may
submit a SIP revision which assigns some or all of this safety margin
to highway and transit mobile sources for the purpose of conformity.
Such a SIP revision, once it is endorsed by the Governor and has been
subject to a public hearing, may be used for the purposes of
transportation conformity before it is approved by EPA.
On August 26, 1992, the Tennessee Department of Environment and
Conservation (TDEC) submitted an Ozone Maintenance Plan for Knox County
that included a 1990 base year emission inventory and emissions
projections. EPA published in the Federal Register on September 27,
1993, a notice approving the maintenance plan and emission projections.
These emission projections were approved before the conformity rule was
finalized on November 24, 1993. Therefore, the approved emission
projections became the area's emission budget for conformity purposes.
On May 25, 1994, the Department of Environment and Conservation
proposed a revision to the maintenance plan and emission projections.
This revision provides a more accurate and practical budget for
transportation planning conformity. The final conformity rule allows
for areas to revise their emission projections as long as it does not
affect attainment or the maintenance of the air quality standards.
Section 51.456 of the final conformity rule allows an area to
reallocate safety margins to highway and transit mobile sources for the
purposes of transportation conformity. The State revision has allocated
the safety margin in their emission projection to the mobile portion of
the emissions budget. The following is the revised emission budget for
Knox County submitted by the State.
[[Page 42069]]
Knox County Emission Budget
[Tons/Day]
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Year Area Nonroad Biogenic Mobile Point Total
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Volatile Organic Compounds
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1990................................................... 28.82 9.81 32.43 41.16 8.06 120.28
1993................................................... 29.25 9.96 32.43 29.28 8.64 109.56
2000................................................... 30.29 10.31 32.43 * 37.37 9.88 120.28
2004................................................... 30.90 10.52 32.43 *35.94 10.49 120.28
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Nitrogen Oxides
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1990................................................... 3.66 9.77 0 41.73 8.96 64.12
1993................................................... 3.72 9.92 0 41.20 9.54 64.38
2000................................................... 3.85 10.27 0 * 38.99 11.01 64.12
2004................................................... 3.92 10.48 0 * 38.21 11.51 64.12
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Carbon Monoxide
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1990................................................... 7.54 68.89 0 296.32 3.00 375.75
1993................................................... 7.65 69.93 0 245.90 3.34 326.82
2000................................................... 7.92 72.41 0 220.72 3.67 304.72
2004................................................... 8.08 73.87 0 203.60 3.84 289.39
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* Safety margin emission were reallocated to mobile sources. A safety margin is produced when the emissions from all sources are less than the total
emissions that would be consistent with attainment.
Final Action
The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements.
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 6, 1997, unless, by September 4, 1997, 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 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 6, 1997.
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.
I. 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.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the Regional
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).
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
the 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.
[[Page 42070]]
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
section 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 October 6, 1997. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen oxides ,Ozone, Reporting and recordkeeping requirements.
Dated: July 9, 1997.
Michael V. Payton,
Acting Regional Administrator .
Chapter I, title 40, 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)(151) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(151) A Revision to Knox County Ozone Maintenance plan and emission
projections submitted by the Tennessee Department of Environment and
Conservation on January 18, 1995.
(i) Incorporation by reference.
(A) Knox County Ozone Maintenance plan and emission projections
adopted on November 21, 1994.
(ii) Other material. None.
* * * * *
[FR Doc. 97-20578 Filed 8-4-97; 8:45 am]
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