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VOL. 58, No. 60
Proposed Rules

40 CFR Parts 52 and 81
[TN-95-5651; FRL-4608-8]

Designation of Areas for Air Quality Planning Purposes

58 FR 16806

DATE: Wednesday, March 31, 1993
ACTION: Proposed rule.

SUMMARY: On August 26, 1992, the State of Tennessee, through the Tennessee Department of Conservation and Environment, submitted a request to redesignate Knox County (classified as a marginal nonattainment area) from nonattainment to attainment for ozone and a maintenance plan. The State has met the requirements for redesignation contained in section 107(d)(3)(E) of the Clean Air Act as amended in 1990 (CAA). EPA proposes to approve the maintenance plan and the redesignation of Knox County, Tennessee, to attainment for ozone . The redesignation is based on three years of ambient monitoring data that shows no violations of the ozone standard during the three-year period, 1989-1991, as well as the implementation of EPA-approved ozone control strategies.

DATES: To be considered, comments must be received on or before April 30, 1993.

ADDRESSES: Comments may be mailed to Leslie Cox at the EPA Region IV address listed below. Copies of the material submitted by Tennessee may be examined during normal business hours at the following locations:

Region IV Air Programs Branch, Environmental Protection Agency, 345 Courtland Street, Atlanta, Georgia 30365.

Division of Air Pollution Control, Tennessee Department of Conservation and Environment, L & C Annex, 9th Floor, 401 Church Street, Nashville, Tennessee 37243-1531.

Knox County Department of Air Pollution Control, City/County Building, suite 459, 400 Main Avenue, Knoxville, Tennessee 37902.

FOR FURTHER INFORMATION CONTACT: Leslie Cox of the Region IV Air Programs Branch at 404-347-2864 and at the above address.

SUPPLEMENTARY INFORMATION: In a Federal Register notice published November 6, 1991, Knox County was designated as nonattainment for ozone due to monitored exceedances of the ozone standard during the summer of 1988. This designation became effective 60 days later on January 6, 1992. On August 26, 1992, the State of Tennessee, through the Tennessee Department of Conservation and Environment, submitted a request for Knox County to be redesignated to attainment for ozone. This request was based on three years (1989, 1990, and 1991) of quality assured monitoring data with an expected exceedance rate for the ozone standard of less than 1.0 per year. EPA has determined that the State of Tennessee has met all of the CAA requirements for designation pursuant to section 107(d)(3)(E). The requirements of section 107(d)(3)(E) are as follows.

Section 107(d)(3)(E)(i) The Administrator has Determined That the Area has Attained the National Ambient Air Quality Standard

Tennessee submitted quality-assured air quality data showing that Knox County has attained the ozone NAAQS for ozone for the three year period, 1989-1991. Following the procedures described in 40 CFR 50.9, Knox County had an average annual number of expected exceedances of less than or equal to one. During that period, there was only one exceedance in 1990, and hence, no violations of the ozone standard. Knox County has continued to attain the standard in 1992, as well.

Section 107(d)(3)(E)(ii) The Administrator has Fully Approved the Applicable Implementation Plan for the Area Under Section 110(k)

The proposed approval of the maintenance plan in this notice, along with the current approved Tennessee SIP and the pending approval of the recently submitted revisions (January 29, 1992, and June 15, 1992) to the Knox County portion of the Tennessee SIP, regarding PSD, meets all requirements under part D section 110 which are applicable to the Knox County, Tennessee, area. Corrections to the PSD rules were made by Knox County so that EPA could fully approve the PSD regulation for Knox County. The approval of this change will be published in a direct final Federal Register notice.

EPA will not take final action redesignating Knox County from nonattainment to attainment until EPA has taken final action on Knox County's PSD rules. Therefore, we believe that Knox County will have a fully approved SIP under section 110(k) at the time final approval action is taken on the PSD submittal.

Section 107(d)(3)(iii) The Administrator Determines that the Improvement in Air Quality is Due to Permanent and Enforceable Reductions in Emissions Resulting from Implementation of the Applicable Implementation Plan and Applicable Federal Air Pollutant Control Regulations and Other Permanent and Enforceable Reductions

The Federal Motor Vehicle Control Program (FMVCP) requirements for lower tail pipe standards have reduced emissions in Knox County. The FMVCP, which began in 1968, produces significant reductions in average emissions per vehicle each year as new, highly controlled vehicles replace old, dirty vehicles in the vehicle fleet. In Knoxville, these reductions in VOC were 6%-8% per vehicle per year for the 1989-1991 time period. In addition, the Federal requirements to reduce the Reid Vapor Pressure (RVP) of gasoline to 9.5 psi went into effect in Knox County during the Summer of 1989. (Previously, the RVP was set at 10.5 psi for May, June, and September and 9.5 psi for July and August.) The air quality data showing attainment of the standard is for the time period, 1989-1991, when this requirement was in effect. As required for nonattainment areas in the Southeast, a RVP of 7.8 psi went into effect on June 1, 1992, in Knox County. This is discussed further under the section on maintenance plans. Tennessee has also voluntarily adopted VOC RACT regulations for sources that are applicable in Knox County. These VOC regulations were recently corrected to be consistent with EPA's pre-Amendment RACT guidance. 1 n Therefore, since the area violated the standard, permanent and enforceable VOC emissions reductions have been obtained through State and Federal control programs.

n1 Among other things, the pre-Amendment guidance consists of the VOC RACT portions of the Post-87 policy, 52 FR 45044 (November 24, 1987); the Bluebook, "Issues Relating to VOC Regulation Cutpoints, Deficiencies and Deviations, Clarification to Appendix D of November 24, 1987 Federal Register Notice" (of which notice of availability was published in the Federal Register on May 25, 1988); and the existing CTGs.

Section 107(d)(3)(E)(iv) The Administrator has Fully Approved a Maintenance Plan for the Area as Meeting the Requirements of Section 175A.

Tennessee has submitted a maintenance plan based on the 1990 Base Year Inventory submitted as required in section 175A of the CAA. The maintenance plan includes a requirement to assess growth factors on a triennial basis with the contingency to assess on a yearly basis if the projection inventory is exceeded by 10% or more. The monitoring network in Knox County will be maintained in accordance with the regulatory requirements of 40 CFR part 58. The projection inventory is required by the CAA to demonstrate maintenance of the standard for 10 years from the date of final approval of the redesignation request. Therefore, Knox County has submitted an inventory which projects out to the year 2004. This covers the 10 years required in the projection inventory and builds in extra years to account for the time it will take to process this redesignation. The projection inventory reflects the allowable emission rate and the expected actual production or activity level.

The plan contains a contingency to implement additional control measures such as Control Technique Guideline (CTG) categories within six (6) months should actual monitored violations of the ozone standard occur in the area. Also, if actual monitored violations of the ozone standard occur within twelve (12) months after regulations for all VOC CTG categories are effective, NOx control measures will be considered as an alternate/ additional strategy.

Accompanying the redesignation request is a request to revise the Federal RVP for the Knox County area from 7.8 psi, which went into effect on June 1, 1992, to 9.0 psi. EPA will consider this request in a separate action. For purposes of redesignation, however, Tennessee's reliance on a 9.0 psi RVP to demonstrate maintenance of the ozone standard does not affect EPA's ability to act on the request. Although Knox County will be required to retain the 7.8 psi RVP until EPA takes final action revising the RVP, the less stringent RVP for purposes of demonstrating maintenance does not affect EPA's proposed approval of the maintenance plan and the redesignation request.

The projected inventory shows that even with the 9.0 psi RVP (as opposed to the present RVP of 7.8 psi), the total emissions for VOC, NOx , and CO for the year 2004 will be less than the 1990 base year total emissions for those pollutants. Additionally, at no time do the total VOC projected emissions exceed the 1990 baseline year.

Section 107(d)(3)(E)(v) The State Containing Such Area has Met all Requirements Applicable to the Area Under Section 110 and Part D.

The State has complied with all requirements of section 110 and part D of the CAA. In addition, Tennessee has taken additional measures beyond section 110 and part D by implementing RACT fix-ups statewide, even though RACT is not required statewide for Tennessee. For reasons discussed above, EPA believes that all of the requirements of section 107(d)(3)(E) have been satisfied.

The 1990 Amendments require that states make several changes to their PSD program, as well. However, these changes do not affect this redesignation. EPA anticipates receipt of these changes from Tennessee upon final promulgation of revised federal regulations.

Upon redesignation of this area to attainment, the PSD provisions contained in part C of title I are applicable. Until that time, the nonattainment new source review (NSR) provisions of part D still apply. Although Tennessee has not submitted part D permitting provisions, permitting under the interim transitional guidance n2 satisfies the CAA requirements.

n2 The part D permitting transitional guidance is contained in the following EPA memoranda from John Seitz: "New Source Review Program Transitional Guidance" (March 11, 1991) and "New Source Review Program Supplemental Transitional Guidance on Applicability of New part D NSR Permit Requirements" (September 3, 1992).

EPA has not promulgated final conformity regulations, however, the State has committed to develop conformity procedures consistent with the final Federal regulations and, if necessary, will submit an appropriate SIP revision. Therefore, EPA believes that the section 176 conformity requirement is sufficiently met because the promulgation date for conformity procedures has not passed and the State has committed to adopt appropriate procedures.

PROPOSED ACTION: Today, EPA is proposing to approving the redesignation of Knox County to attainment for ozone. This action is contingent on minor corrections which must be made to the 1990 Base Year Emission Inventory and the PSD revisions which must be approved before final approval can be granted.

For further information, the reader may review the Technical Support Document which contains a detailed review of the material submitted. This is available at the EPA address given previously. Interested persons are invited to submit comments on this proposed approval. EPA will consider all comments received within thirty days of the publication of this notice.

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.

The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order 12291.

List of Subjects

40 CFR Part 52

Air pollution control, Carbon Monoxide, Hydrocarbons, Incorporation by Reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Authority: 42 U.S.C. 7401-7671q.

Dated: February 11, 1993.

Don Guinyard, Acting Regional Administrator.

[FR Doc. 93-7355 Filed 3-30-93; 8:45 am]