US EPA

FEDERAL REGISTER
VOL. 59, No. 206
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)

40 CFR Parts 52 and 81
[TN 132-1-6436a; FRL-5087-9]

Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Tennessee

59 FR 53741

DATE: Wednesday, October 26, 1994
ACTION: Final rule; withdrawal.

SUMMARY: Due to an adverse comment, EPA is removing the approval of a marginal nonattainment area state implementation plan (SIP) revision for Memphis/Shelby County, Tennessee, submitted by the State of Tennessee for the purpose of bringing about attainment of the national ambient air quality standards (NAAQS) for ozone. The original action was published in the Federal Register on August 4, 1994, as a direct final rule. 59 FR 39692. As stated in the Federal Register document, if adverse or critical comments were received by September 6, 1994, the effective date would be delayed and timely notice would be published in the Federal Register. Therefore, due to receiving an adverse comment within the comment period, EPA is removing amendments relating to the SIP revision for Memphis/Shelby County, TN, in the final rule and will address all public comments received in a subsequent final rule based on the proposed rule also published on August 4, 1994. 59 FR 39715. EPA will not institute a second comment period on this document.

EFFECTIVE DATE: October 26, 1994.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel, Regulatory Planning and Development Section, Air Programs Branch, United States Environmental Protection Agency, Region IV, 345 Courtland Street NE, Atlanta, Georgia 30365, (404) 347-3555, x4197.

SUPPLEMENTARY INFORMATION: See the information provided in the direct final rule located in the final rules section of the August 4, 1994, Federal Register, and in the short informational notice located in the proposed rule section of the August 4, 1994, Federal Register.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: September 23, 1994.

John H. Hankinson, Jr., Regional Administrator.

Parts 52 and 81 of chapter I, title 40, Code of Federal Regulations, are 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

@ 52.2220 -- [Amended]

2. Section 52.2220 is amended by removing paragraph (c)(122).

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 removing the entry for "Shelby County" from the attainment status designation table for ozone and by adding a new entry as the second entry in the table to read as follows:

@ 81.343 -- Tennessee. 

* * * * * 

                              Tennessee-Ozone 
     Designation area              Designated             Classification 
                             Date fn 1      Type       Date fn 1     Type 
                                  * * * * * 
Memphis Area: Shelby County             Nonattainment             Marginal 
                                  * * * * * 

fn 1 This date is November 15, 1990, unless otherwise noted. 

[FR Doc. 94-26427 Filed 10-25-94; 8:45 am]

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