VOL. 58, No. 185
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
Designation of Areas for Air Quality Planning Purposes
58 FR 50271
DATE: Monday, September 27, 1993
ACTION: Final rule.
SUMMARY: On August 26, 1992, the State of Tennessee, through the Tennessee Department of Environment and Conservation, 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 the Clean Air Act as amended in 1990 (CAA). EPA approves 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 from 1989 through 1991, as well as the implementation of EPA-approved ozone control strategies. Additionally, there were no exceedances in 1992, and there have been none to date in 1993.
On January 15, 1993, in a letter from Patrick Tobin to Governor Ned McWherter, the EPA notified the State of Tennessee that the EPA had made a finding of failure to make a submittal of required programs for the nonattainment areas, including Knox County. The required submittals for Knox County pertained to New Source Review (NSR) and Emission Statements. Furthermore, the letter stated that the sanctions and Federal Implementation Plan (FIP) processes would stop upon final approval of submitted corrections to the SIP. The State submitted the request for the redesignation of Knox County prior to the statutory due date for the programs mentioned above. Therefore, this redesignation is considered to be a correction to the SIP and upon its final approval the sanctions and FIP processes will stop completely.
EFFECTIVE DATES: This action will be effective October 27, 1993.
ADDRESSES: Copies of the material submitted by Tennessee may be examined during normal business hours at the following locations: Public Information Reference Unit, ATTN: Jerry Kurtzweg, ANR 443, United States Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460; Region IV Air Programs Branch, United States 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 West Main Avenue, Knoxville, Tennessee 37902.
FOR FURTHER INFORMATION CONTACT: Kim Gates, Air Programs Branch, United States Environmental Protection Agency, 345 Courtland Street, Atlanta, Georgia 30365, (404) 347-2864.
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 Environment and Conservation, 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 NAAQS for ozone for the three-year period, 1989-1991. This data is in the Aerometric Information Retrieval System (AIRS) database. 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 continued to attain the standard in 1992 and to date in 1993.
Section 107(d)(3)(E)(ii) The Administrator Has Fully Approved the Applicable Implementation Plan for the Area Under Section 110(k)
The approval of the maintenance plan in this notice, along with the current approved Tennessee SIP and the approval of the recently submitted revisions (January 29, 1992, and June 15, 1992) to the Knox County portion of the Tennessee SIP, regarding Prevention of Significant Deterioration (PSD), meets all requirements under Part D and 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 was published in a direct final Federal Register notice on April 28, 1993, at 58 FR 25776 and which became federally effective on June 28, 1993. Therefore, Knox County has a fully approved SIP under section 110(k).
Section 107(d)(3)(E)(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 and implemented VOC Reasonably Available Control Technology (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 n1 . Therefore, since the time the area first violated the ozone 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 Control Technique Guidelines (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 to the year 2004. This projection 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 all EPA Control Technique Guideline (CTG) categories which are not currently implemented, 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 to 9.0 psi. EPA will consider this request in a separate action. However, for purposes of redesignation, 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. Summaries of the base year and projected maintenance year inventories are shown in the following three tables.
VOC Emission Inventory Summary (Tons Per Day) 1990 1993 1996 1999 2002 2004 Point 6.88 7.36 7.83 8.23 8.64 8.92 Area 22.20 22.53 22.87 23.33 23.57 23.81 Mobile 40.89 32.25 30.94 30.67 31.40 32.15 Total 69.97 62.14 61.64 62.12 63.61 64.88 NOx Emission Inventory Summary (Tons Per Day) 1990 1993 1996 1999 2002 2004 Point 9.13 9.73 10.35 11.0 11.46 11.730 Area 3.33 3.38 3,43 3.48 3.54 3.57 Mobile 43.49 38.90 35.86 34.9 35.45 36.402 Total 55.95 52.01 49.64 49.4 50.45 51.700 CO Emission Inventory Summary (Tons Per Day) 1993 1990 1993 1996 1999 2002 2004 Point 2.64 2.80 2.98 3.17 3.31 3.39 Area 5.30 5.38 5.46 5.54 5.63 5.68 Mobile 236.97 179.92 153.67 140.44 127.95 124.97 Total 244.91 188.10 162.11 149.15 136.89 134.04
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 for the statewide VOC rules, even though RACT fix-ups are not required statewide for Tennessee. The final notice for the VOC rules was published on April 28, 1993 at 58 FR 25777. These rules became federally effective on June 28, 1993. For the reasons discussed above, EPA believes that all of the requirements of section 107(d)(3)(E) have been satisfied.
The 1990 Amendments also require that states make several changes to their PSD program. 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.
Although EPA has not promulgated final conformity regulations, 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.
This action makes final the action proposed at 58 FR 16806 on March 31, 1993. As noted elsewhere in this notice, EPA received no adverse public comment on the proposed action. As a direct result, the Regional Administrator has reclassified this action from Table 1 to Table 2 under the processing procedures established at 54 FR 2214, January 19, 1989. 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. EPA has submitted a request for a permanent waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request.
For further information about this action, the reader may review the Technical Support Document which contains a detailed review of the material submitted. This document is available at the EPA office in Atlanta, Georgia. The address was given previously.
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.
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 section 307(b)(1) of the Act, 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 26, 1993. 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).)
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.
Dated: September 3, 1993.
Winston A. Smith, Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is to be amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.2220 is amended by adding paragraph (c)(111) to read as follows:
@ 52.2220 -- Identification of plan.
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(c) * * *
(111) The maintenance plan for Knox County submitted by the Tennessee Department of Environment and Conservation on August 26, 1992, as part of the Tennessee SIP.
(i) Incorporation by reference.
(A) Knox County Ozone Attainment Redesignation State Implementation Plan Revision Support Document, which became State-effective on August 12, 1992; and
(b) Emissions Inventory Projections (1990-2004) for Knox County, which became State-effective on August 12, 1992.
(ii) Other material.
(A) Letter dated August 26, 1992 from the Tennessee Department of Environment and Conservation.
40 CRF part 81 is amended as follows:
PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
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:
@ 81.343 -- Tennessee ozone.
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Tennessee-Ozone Designation Classification Designated area Date Type Date Type Memphis area: Shelby County 1/6/92 Nonattainment 1/6/92 Marginal. Nashville Area Davidson County Nonattainment Moderate. Rutherford Nonattainment Moderate. County Sumner County Nonattainment Moderate. Williamson Nonattainment Moderate. Wilson Nonattainment Moderate. Rest of State 1/6/92 Unclassifiable (except as /attainment otherwise noted) 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 De Kalb 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 Knox County [10/27/93] Unclassifiable /attainment 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 Smith County Stewart County Sullivan County Stewart County Tipton County Trousdale County Unicoi County Union County Van Buren County Warren County Washington County Wayne County Weakley County White County
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[FR Doc. 93-23519 Filed 9-24-93; 8:45 am]
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