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VOL. 58, No. 185
Rules and Regulations


40 CFR Parts 52 and 81
[TN-95-1-5948; FRL-4730-2]

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) 

          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.

Final Action

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.

Subpart RR-Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(111) to read as follows:

@ 52.2220 -- Identification of plan.

* * * * *

(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:


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.

* * * * *


                   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. 
   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 
   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 

* * * * *

[FR Doc. 93-23519 Filed 9-24-93; 8:45 am]