[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22784]
[[Page Unknown]]
[Federal Register: September 15, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-120-1-6528a; FRL-5069-9]
Approval and Promulgation of Implementation Plans Regarding
Emergency Episodes, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Tennessee. This revision revises Tennessee's
air pollution emergency episode plan requirements. The intended effect
of this action is to incorporate by reference into the federally-
enforceable SIP revised State regulations which meet current Federal
requirements.
DATES: This final rule will be effective November 14, 1994 unless
adverse or critical comments are received by October 17, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at
the Regional Office Address listed.
Copies of the material submitted by the State of Tennessee may be
examined during normal business hours at the following 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 IV Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
Tennessee Division of Air Pollution Control, 701 Broadway, Customs
House, 4th Floor, Nashville, Tennessee 37247-1531.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Borel, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region IV Environmental Protection Agency, 345
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is
404/347-3555, ext 4197. Reference file TN-120-1-6528.
SUPPLEMENTARY INFORMATION:
On September 1, 1993, the State of Tennessee submitted a formal
revision to its SIP incorporating changes in the State's emergency
episode plan. The SIP revision consists of amendments to chapter 1200-
3-15 of Tennessee's Air Pollution Control Regulations governing air
pollution episode emergency plans. The amended revisions are summarized
as follows:
1. Subparagraph (b) under paragraph (3) in section 1200-3-15.02
Episode Criteria has been revised. This subparagraph has been amended
to revise the level of PM-10 that indicates an air pollution alert from
375 ug/m3 to 350 ug/m3. The reference to utilization of 3.0
COH's (Coefficient of Haze) has been deleted.
2. Subparagraph (c) under paragraph (3) in section 1200-3-15-.02
Episode Criteria has been revised. SO2 and the particulate
combined-product of SO2 ppm and COH's are no longer used as air
pollution alert indications. This subparagraph has now been reserved
for future use.
3. Paragraph (3) of section 1200-3-15-.02 Episode Criteria has been
amended. In subparagraph (e), and in the description of meteorological
condition pollutants given below subparagraph (f), ``oxidant'' has been
changed to ``ozone.''
4. Subparagraph (b) under paragraph (4) in section 1200-3-15.02
Episode Criteria has been amended. ``Particulate'' has been amended to
``PM10,'' the allowable level of PM10 has been revised from
625 ug/m3 to 420 ug/m3, and the use of COH levels as a
pollution warning has been deleted.
5. Subparagraph (c) under paragraph (4) in section 1200-3-15.02
Episode Criteria has been amended. SO2 and the particulate
combined-product of SO2 ppm and COH's are no longer used as air
pollution alert indications. This subparagraph has now been reserved
for future use.
6. Paragraph (4) of section 1200-3-15-.02 Episode Criteria has been
amended. In subparagraph (e), and in the description of meteorological
condition pollutants given below subparagraph (f), ``oxidant'' has been
changed to ``ozone.''
7. Paragraph (5) of section 1200-3-15-.02 has been revised. The
phrase ``that should never be reached'' has been changed to ``which
could cause an unreasonable risk to public health.''
8. Subparagraph (b) of paragraph (5) in section 1200-3-15-.02 has
been revised. ``Particulate'' has been amended to ``PM10,'' the
allowable level of PM10 has been revised from 875 ug/m3 to
500 ug/m3, and the use of COH levels as a pollution warning has
been deleted.
9. SO2 and the particulate combined-product of SO2 ppm
and COH's are no longer used as air pollution alert indications. This
subparagraph has now been reserved for future use.
10. Paragraph (5) of section 1200-3-15-.02 Episode Criteria has
been amended. In subparagraph (e), and in the description of
meteorological condition pollutants given below subparagraph (f),
``oxidant'' has been changed to ``ozone.''
These changes are consistent with requirements prescribed in 40 CFR
part 51, appendix L. The revised requirements still conform with the
triggering levels and lengths of air stagnation episodes prescribed in
40 CFR part 51, appendix L. In addition, the revised threshold levels
for PM10 also conform with those prescribed in 40 CFR part 51,
appendix L. Similarly, the removal of the COH threshold levels is also
consistent with EPA's view that COH measurements do not reflect the
best means of measuring combined SO2 and PM10 levels.
Currently, there is no requirement in either 40 CFR part 51, subpart H,
or 40 CFR part 51, appendix L, which requires states to have COH
threshold levels in their respective air pollution emergency episode
plans.
Final Action
EPA is approving the aforementioned revisions contained in the
State's September 1, 1993, submittal. 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 November 14,
1994 unless, by October 17, 1994, 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 November 14, 1994.
Under section 307(b)(1) of the Clean Air Act (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
November 14, 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 Act, 42 U.S.C. 7607 (b)(2).)
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the
requirement of section 3 of Executive Order 12291 for two years. The
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the 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.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
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 CAA
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, I certify 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 regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: August 24, 1994.
Joseph R. Franzmathes,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the 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)(120) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(120) Revisions to the Tennessee Division of Air Pollution Control
emergency episode plan, submitted on September 1, 1993. These revisions
incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP
into the existing regulations which are required in 40 CFR 52.1270.
(i) Incorporation by reference.
(A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-15-
.02, paragraphs (3), (4), and (5), effective June 26, 1993.
* * * * *
[FR Doc. 94-22784 Filed 9-14-94; 8:45 am]
BILLING CODE 6560-50-F
