Green Book Nonattainment Areas
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Tennessee
59 FR 39692
DATE: Thursday, August 4, 1994
SUMMARY: On November 12, 1992, the State of Tennessee through the Memphis and Shelby County Health Department (MSCHD), submitted a maintenance plan and a request to redesignate the Memphis and Shelby County area (classified as a marginal nonattainment area) from nonattainment to attainment for ozone. The ozone nonattainment area specifically consists of Shelby County. Under the Clean Air Act, designations can be changed if sufficient data are available to warrant such changes and the redesignation request satisfies the criteria set forth in the Clean Air Act for redesignations. In this action, EPA is approving the State of Tennessee's submittal because it meets the maintenance plan and redesignation requirements. The approved maintenance plan will become a federally enforceable part of the SIP for the Memphis and Shelby County area.
On January 15, 1993, in a letter from Patrick M. Tobin to Governor Ned McWherter, the EPA notified the State of Tennessee that the EPA had made a finding of failure to submit required programs for the nonattainment area. EPA's redesignation of the Memphis and Shelby County area to attainment abrogates those requirements for this area. Therefore, the sanctions and federal implementation plan clocks begun by those findings are stopped at the time of the redesignation.
EFFECTIVE DATE: This final rule will be effective October 3, 1994 unless adverse or critical comments are received by September 6, 1994. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be sent to Karen Borel at the EPA address in Atlanta, Georgia listed below. Copies of the redesignation request and the State of Tennessee's submittal are available for public review during normal business hours at the addresses listed below. EPA's technical support document (TSD) is available for public review during normal business hours at the EPA addresses listed below.
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 N.E., Atlanta, GA, 30365.
Memphis and Shelby County Health Department, 814 Jefferson Avenue, Memphis, TN 38105.
FOR FURTHER INFORMATION CONTACT: Karen Borel of the EPA Region IV Air Programs Branch at (404) 347-2864 and at the Region IV address.
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1), in conjunction with the Governor of Tennessee, EPA designated the Memphis and Shelby County area as nonattainment because the area violated the ozone standard during the period from 1987 through 1989. Furthermore, upon designation, the Memphis and Shelby County area was classified as marginal under section 181(a)(1). (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR 81.343.)
The Memphis and Shelby County area more recently has ambient monitoring data that show no violations of the ozone National Ambient Air Quality Standards (NAAQS), during the period from 1990 through 1992. Therefore, in an effort to comply with the CAA and to ensure continued attainment of the NAAQS, on November 12, 1992, the State of Tennessee submitted for parallel processing an ozone maintenance SIP for the Memphis and Shelby County area and requested redesignation of the area to attainment with respect to the ozone NAAQS. On May 14, 1993, the MSCHD submitted evidence that a public hearing was held on the requests to redesignate Memphis and Shelby County from nonattainment of the NAAQS for both CO and ozone to attainment of the NAAQS for these pollutants. In addition, there have been no violations reported for the 1993 ozone season. The request for redesignation submittal was approved by the TN Air Pollution Control Board on March 9, 1994.
II. Evaluation Criteria
The 1990 Amendments revised section 107(d)(1)(E) to provide five specific requirements that an area must meet in order to be redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area has met all applicable requirements under section 110 and part D of the CAA;
3. The area has a fully approved SIP under section 110(k) of the CAA;
4. The air quality improvement must be permanent and enforceable; and,
5. The area must have a fully approved maintenance plan pursuant to section 175A of the CAA.
III. Review of State Submittal
On May 19, 1993, Region IV determined that the information received from the MSCHD constituted a complete redesignation request under the general completeness criteria of 40 CFR 51, appendix V, sections 2.1 and 2.2. However, for purposes of determining what requirements are applicable for redesignation purposes, EPA believes it is necessary to identify when the MSCHD first submitted a redesignation request that meets the completeness criteria. EPA noted in a previous policy memorandum that parallel processing requests for submittals under the CAA, including redesignation submittals, would not be determined complete. See the memorandum entitled "State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (Act) Deadlines" from John Calcagni to Air Programs Division Directors, Regions I-X, dated October 28, 1992 (Memorandum). The rationale for this conclusion was that the parallel processing exception to the completeness criteria (40 CFR 51, appendix V, section 2.3) was not intended to extend statutory due dates for mandatory submittals. (See Memorandum at 3-4). However, since requests for redesignation are not mandatory submittals under the CAA, EPA believed it appropriate to change its policy with respect to redesignation submittals to conform to the existing completeness criteria. (See 58 FR 38108 (July 15, 1993)). Therefore, EPA believes, the parallel processing exception to the completeness criteria may be applied to redesignation request submittals, at least until such time as the EPA decides to revise that exception. MSCHD submitted a redesignation request on November 12, 1992. In the November 12 submittal, MSCHD submitted the maintenance plan, thereby including the final element to make the November 12, 1992, request for parallel processing complete under the parallel processing exception to the completeness criteria. When the maintenance plan became state effective on March 9, 1994, the State of Tennessee no longer needed parallel processing for the redesignation request and maintenance plan.
The Tennessee redesignation request for the Memphis and Shelby County area meets the five requirements of section 107(d)(3)(E) for redesignation to attainment. The following is a brief description of how the State of Tennessee has fulfilled each of these requirements. Because the maintenance plan is a critical element of the redesignation request, EPA will discuss its evaluation of the maintenance plan under its analysis of the redesignation request.
1. The Area Must Have Attained the Ozone NAAQS
The State of Tennessee's request is based on an analysis of quality assured ambient air quality monitoring data which is relevant to the maintenance plan and to the redesignation request. Ambient air quality monitoring data for calendar year 1989 through calendar year 1992 show an expected exceedance rate of less than or equal to 1.0 per year of the ozone NAAQS in the Memphis and Shelby County area. (See 40 CFR 50.9 and appendix H.) One of the two ozone monitoring sites had no exceedances over this period of time while the other monitor had one exceedance. That exceedance occurred in 1989. The design value, or the "fourth highest high," of the two monitors for the calendar year period of 1990 through 1992 was 0.117 ppm, down from 0.140 ppm in the period of calendar year 1988 through calendar year 1990, and 0.121 ppm for the calendar year period of 1989 through 1991. The ozone monitoring year for 1993 ended on October 31, 1993. One monitor recorded an exceedance of the 0.120 ppm NAAQS during the 1993 season. The State of Tennessee has committed to continue monitoring in this area in accordance with 40 CFR 58. Because the Memphis and Shelby County area has complete quality-assured data showing no violations of the standard over the most recent consecutive three calendar year period, the Memphis and Shelby County area has met the first statutory criterion of attainment of the ozone NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and Part D of the Act
On February 6, 1980, and on September 2, 1981, EPA fully approved Tennessee's SIP as meeting the requirements of section 110(a)(2) and part D of the 1977 CAA (45 FR 26038 and 45 FR 59578). The amended CAA, however, revised section 110(a)(2) and, under part D, revised section 172 and added new requirements for all nonattainment areas. Therefore, for purposes of redesignation, to meet the requirement that the SIP contain all applicable requirements under the CAA, EPA reviewed the Tennessee SIP to ensure that it contained all measures due under the amended CAA prior to or at the time the State of Tennessee submitted its redesignation request.
A. Section 110 Requirements
Although section 110 was amended, the Memphis and Shelby County area SIP meets the requirements of amended section 110(a)(2). A number of the requirements did not change in substance and, therefore, EPA believes that the pre-amendment SIP met these requirements. As to those requirements that were amended, see 57 FR 27936 and 57 FR 27939 (June 23, 1992), many are duplicative of other requirements of the CAA. EPA has analyzed the SIP and determined that it is consistent with the requirements of amended section 110(a)(2).
B. Part D Requirements
Before the Memphis and Shelby County area may be redesignated to attainment, it also must have fulfilled the applicable requirements of part D. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1 of part D sets forth the basic nonattainment requirements applicable to all nonattainment areas, classified as well as nonclassifiable. Subpart 2 of part D establishes additional requirements for ozone nonattainment areas classified under table 1 of section 181(a). The Memphis and Shelby County area is classified as marginal (See 56 FR 56694, codified at 40 CFR 81.334). The State of Tennessee submitted their request for redesignation of the Memphis and Shelby County area prior to November 15, 1992. Therefore, in order to be redesignated to attainment, the State of Tennessee must meet the applicable requirements of subpart 1 of part D, specifically sections 172(c) and 176, and the requirements of subpart 2 of part D, which became due on or before November 12, 1992, the date the State submitted a complete redesignation request. EPA interprets section 107(d)(3)(E)(v) to mean that, for a redesignation request to be approved, the State must have met all requirements that became applicable to the subject area prior to or at the time of the submission of the redesignation request. Requirements of the CAA that come due subsequent to the submission of the redesignation request continue to be applicable to the area (see section 175A(c)) and, if the redesignation is disapproved, the State remains obligated to fulfill those requirements.
B1. Subpart 1 of Part D-Section 172. Section 172(c) sets forth general requirements applicable to all nonattainment areas. Under section 172(b), the section 172(c) requirements are applicable as determined by the Administrator but no later than three years after an area is designated as nonattainment. EPA had not determined that these requirements were applicable to classified ozone nonattainment areas on or before November 12, 1992, the date that the State of Tennessee submitted a complete redesignation request for the Memphis and Shelby County area. Therefore, the State of Tennessee was not required to meet these requirements for purposes of redesignation.
Upon redesignation of this area to attainment, the Prevention of Significant Deterioration (PSD) provisions contained in part C of title I are applicable. On June 24, 1982, the EPA approved the State of Tennessee's PSD program (47 FR 27269).
B2. Subpart 1 of Part D-Section 176 Conformity Plan Provisions. Section 176(c) of the CAA requires States to revise their SIPs to establish criteria and procedures to ensure that federal actions, before they are taken, conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. or the Federal Transit Act ("transportation conformity"), as well as to all other federal actions ("general conformity"). Section 176 further provides that the conformity revisions to be submitted by states must be consistent with federal conformity regulations that the CAA required EPA to promulgate. Congress provided for the state revisions to be submitted one year after the date for promulgation of final EPA conformity regulations. When that date passed without such promulgation, EPA's "General Preamble for the Implementation of title I" informed states that its conformity regulations would establish a submittal date (see 57 FR 13498, 13557 (April 16, 1992)).
The EPA promulgated final transportation conformity regulations on November 24, 1993, (58 FR 62188) and general conformity regulations on November 30, 1993, (58 FR 63214). These conformity rules require that states adopt both transportation and general conformity provisions in the SIP for areas designated nonattainment or subject to a maintenance plan approved under CAA section 175A. Pursuant to section 51.396 of the transportation conformity rule and section 51.851 of the general conformity rule, the State of Tennessee is required to submit a SIP revision containing transportation conformity criteria and procedures consistent with those established in the federal rule by November 25, 1994. Similarly, Tennessee is required to submit a SIP revision containing general conformity criteria and procedures consistent with those established in the federal rule by December 1, 1994. Because the deadlines for these submittals have not yet come due, they are not applicable requirements under section 107(d)(3)(E)(v) and, thus, do not affect approval of this redesignation request.
B3. Subpart 2 of Part D. Under section 182(a)(2)(A) areas that retained a designation of nonattainment for ozone under the amended CAA and that are classified as marginal or above were required to fix their pre-amendment VOC RACT SIPs. Tennessee submitted the VOC RACT fixups for purposes of redesignating the Memphis and Shelby County area. These were published in the Federal Register on April 18, 1994, and became effective on June 17, 1994.
Under section 182(b), several requirements were due for marginal ozone nonattainment areas on November 15, 1992, such as VOC RACT catch-ups, Gasoline Vapor Recovery, New Source Review, and Emission Statements. Tennessee failed to submit these measures for the Memphis and Shelby County area. On January 15, 1993, EPA made a finding of failure to submit these measures by letter from Patrick M. Tobin, Acting Regional Administrator, to Ned McWherter, Governor of Tennessee. However these requirements are not applicable for purposes of considering the State's redesignation request. For purposes of redesignation, EPA must consider whether the State has met all requirements that were applicable prior to the time the state submitted the redesignation request. Since Tennessee submitted the redesignation request for Memphis and Shelby County on November 12, 1992, these measures are not relevant for purposes of redesignation. Therefore, all subpart 2 requirements that were applicable at the time the State submitted its redesignation request have been met. The VOC RACT fixups and the Alternate Emission Standards were published in the Federal Register on April 18, 1994, and were effective on June 17, 1994. The PSD regulations were approved on June 24, 1982.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the pre-amended CAA and EPA's prior approval of SIP revisions under the amended CAA, EPA has determined that the Memphis and Shelby County area has a fully approved SIP under section 110(k), which also meets the applicable requirements of section 110 and part D as discussed above.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Memphis and Shelby County area violated the ozone NAAQS. The State of Tennessee believes that the predominance of the emission reductions that have occurred, as demonstrated by a comparison of previous emission inventories versus the 1990 base year emission inventory that was presented in their supplemental submittal of March 31, 1994 (as attachment E), that air quality has been improved in the Memphis and Shelby County area as a result of permanent and enforceable emission reductions through local, state and federal programs. Of significance are emission reductions of point source VOC's from 49,000 tons per year (tpy) in 1979, to 27,633 tpy in 1983, to 14,986 tpy in 1990. The VOC reductions that have occurred are the result of several factors. These include federal emission limitations and fleet turnover, the Memphis vehicle inspection and maintenance (I&M) program to enforce the federal limitations and the implementation and enforcement of Shelby County regulations concerning the construction and operation of VOC emitting sources. These sources are regulated as they relate to new source requirements for best available control technology (BACT), lowest achievable emission rate (LAER) technology and offsets, and to existing source requirements calling for the installation of reasonably available control technology (RACT). The I&M program has been in operation since the mid-1980's and has been improved in its operation from a quality standpoint since that time. The Savings Clause For Vehicle Inspection and Maintenance [CAA section 187(a)(4)] insures, at a minimum, the continuation of I&M in the current configuration. Air pollution regulations have been in existence, in large part, since the 1970's and early 1980's with continued amendments and improvements since that time. Projections indicate that VOC emissions will not exceed the 1990 baseline inventory before the year 2005.
These reductions have occurred while Memphis has continued to pursue, expand and enhance accountability of sources both in quality and quantity. Also of significance are reductions in mobile source emissions which may not be readily apparent from comparisons of the different inventories. Road projects that make up the Transportation Improvement Plan (TIP) must have a positive impact on air quality. These projects, including some outlying area signal improvements, a Suburban Transit Center program for the Memphis Area Transit Authority (MATA) and a Land Use/Transportation Systems Integration Study, should provide some measure for reduction to the mobile source emission inventory. Finally, road construction or improvement projects, in order to meet conformity requirements, must provide a positive effect on air quality. The contribution of these projects to air quality is evaluated by computer modelling using MOBILE5A. This will be quantified annually in the conformity process for TIP approval. However, allowing for the increased vehicle population and increased vehicle miles travelled, strides have been made in reducing vehicular emissions.
In association with its emission inventory discussed below, the State of Tennessee has demonstrated that actual enforceable emission reductions are responsible for the recent air quality improvement and that the VOC emissions in the base year are not artificially low due to local economic downturn.
5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to Section 175A of the Act
Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. The plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the State must submit a revised maintenance plan which demonstrates attainment for the ten years following the initial ten-year period. To provide for the possibility of future NAAQS violations, the maintenance plan must contain contingency measures, with a schedule for implementation, adequate to assure prompt correction of any air quality problems.
In this notice, EPA is approving the State of Tennessee's maintenance plan for the Memphis and Shelby County area because EPA finds that the State of Tennessee's submittal meets the requirements of section 175A.
A. Emissions Inventory-Base Year Inventory
On March 31, 1994, the State of Tennessee submitted comprehensive inventories of VOC, NOx, and CO emissions from the Memphis and Shelby County area. The inventories included biogenic, area, stationary, and mobile sources using 1990 as the base year for calculations to demonstrate maintenance. The 1990 inventory is considered representative of attainment conditions because the NAAQS was not violated during 1990. The 1990 Base Year Emission Inventory for point sources for the Memphis and Shelby County area has been submitted to EPA in SIP Air Pollutant Inventory Management Subsystem (SAMS) format. The remaining data has been submitted in tabular format.
The State of Tennessee submittal contains the detailed inventory data and summaries by source location and source category. This comprehensive base year emissions inventory was submitted in the SAMS format. Finally, this inventory was prepared in accordance with EPA guidance. A summary of the base year and projected maintenance year inventories is shown in the following three tables. The CO and the biogenic VOC values are included as a part of the 1990 base year emission inventory. This notice is approving the base year inventory. Refer to the TSD prepared for this notice for more in-depth details regarding the base year inventory for the Memphis and Shelby County area.
VOC Emission Inventory Summary [Tons per day] 1990 1993 1996 Point 74.61 78.11 81.66 Area 76.13 77.51 78.92 Mobile 91.53 66.65 64.90 Total 284.77 222.27 225.48 1999 2002 2004 Point 85.07 88.31 90.42 Area 80.34 81.80 82.78 Mobile 64.94 64.70 64.38 Total 230.35 234.81 237.58 NOx Emission Inventory Summary [Tons per day] 1990 1993 1996 Point 139.72 179.76 162.10 Area 4.04 4.12 4.19 Mobile 89.63 83.31 82.23 Total 233.39 267.19 248.52 1999 2002 2004 Point 162.13 139.47 139.85 Area 4.27 4.34 4.40 Mobile 82.99 83.31 83.29 Total 249.39 227.12 227.54 CO Emission Inventory Summary for 1990 [Tons per day]* Area Non-road Mobile Emissions for 94.41 168.46 295.00 1990 Point Total Emissions for 5.69 563.56 1990 fn *Projections were not made for these categories. Biogenics Emission Inventory Summary for 1990 [Tons per day]* Biogenics 1990 42.50 fn *Projections were not made for these categories.
B. Demonstration of Maintenance-Projected Inventories
Total VOC, NOx, and CO emissions were projected from the 1990 base year out to 2004. These projected inventories were prepared in accordance with EPA guidance. Refer to EPA's TSD prepared for this notice for more in-depth details regarding the projected inventory for the Memphis and Shelby County area.
On March 31, 1994, the State of Tennessee submitted supplemental projection inventories. The data submitted for 1993 showed a higher level of NOx emissions than the base year, however, the Memphis/Shelby County nonattainment area was still in attainment during 1993. All following years' data is below the 1993 level, therefore, continued attainment is expected. The projected emissions for 1993 closely approximate actual 1993 data. The NOx levels projected for 1996 and 1999, although higher than the base year levels, are significantly lower than the 1993 levels, which, as noted above, did not cause a violation of the standard. The levels for 2002 and 2004 projected as less than the attainment year. Although approval of NOx increases above a de minimis level is a departure from EPA guidance, EPA believes that the emissions projections demonstrate that the area will continue to maintain the ozone NAAQS because this area achieved attainment through VOC controls and reductions. The projected emission inventories were submitted in the SAMS format.
C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in the Memphis and Shelby County area depends, in part, on the State of Tennessee's efforts toward tracking indicators of continued attainment during the maintenance period. The Memphis and Shelby County area will utilize the several plan elements to maintain current acceptable ozone levels. The air quality monitoring network will continue to operate in accordance with 40 CFR Part 58, with no reductions to the existing monitoring network. Any relocation of monitors will be agreed upon by the EPA prior to their relocation. Existing stationary source control will continue. Additional companies subject to RACT regulations will be added to the source listing, and will be required to comply with emission standards. Sources wishing to locate in Shelby County will continue to undergo new source review requirements to include the installation of best available control technology. A triennial emissions inventory will be performed to include area, mobile and point sources of volatile organic compounds and nitrogen oxides. This inventory will be developed in conjunction with emission inventories for Carbon Monoxide. The first year for inclusion as an inventory year is 1993, with said inventory to be accomplished by December 31, 1994 and submitted for approval to the State of Tennessee by January 31, 1995. Successive inventories are to be accomplished using the same procedure. When the triennial inventory exceeds the projected inventory by more than ten percent, then the inventory development will be increased to an annual event. Inspection and Maintenance (I & M) of the automobile will continue in the City of Memphis with an increased emphasis on enforcement to assure vehicle owner participation.
D. Contingency Plan
The level of VOC and NOx emissions in the Memphis and Shelby County area will largely determine its ability to stay in compliance with the ozone NAAQS in the future. Despite the State's best efforts to demonstrate continued compliance with the NAAQS, the ambient air pollutant concentrations may exceed or violate the NAAQS. Therefore, the State of Tennessee has provided contingency measures with a schedule for implementation in the event of a future ozone air quality problem. The State of Tennessee's contingency plan is triggered by a violation of the Ozone NAAQS of 0.12 ppm that occurs after redesignation to attainment. Plan implementation would begin upon confirmation of an ozone violation. The plan contains a contingency to implement pre-adopted additional control measures such as Reasonable Available Control Technology (RACT) level control for not previously controlled VOC sources. Development of requirements to lower emissions of NOx from stationary fuel burning sources would also begin immediately. These pre-adopted additional measures for RACT will be implemented within 90 days of the date the State certifies to EPA that the air quality data which demonstrates a violation of the ozone NAAQS is quality assured. NOx regulations would be implemented within two years of the ozone violation. A complete description of these contingency measures and their triggers can be found in the TSD prepared for this notice. EPA finds that the contingency measures provided in the State of Tennessee submittal meet the requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the State of Tennessee has agreed to submit a revised maintenance SIP eight years after the area is redesignated to attainment. Such revised SIP will provide for maintenance for an additional ten years.
In this final action, EPA is approving the Memphis and Shelby County ozone maintenance plan, including the 1990 base year emission inventory, because it meets the requirements of section 175A. In addition, the EPA is redesignating the Memphis and Shelby County area to attainment for ozone because the State of Tennessee has demonstrated compliance with the requirements of section 107(d)(3)(E) for redesignation. This action stops the sanctions and federal implementation plan clocks that were triggered for the Memphis and Shelby County area by the January 15, 1993, findings letter.
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 October 3, 1994 unless, within 30 days of its publication, 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 October 3, 1994.
Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
The ozone SIP is designed to satisfy the requirements of part D of the CAA and to provide for attainment and maintenance of the ozone NAAQS. This final redesignation should not be interpreted as authorizing the State of Tennessee to delete, alter, or rescind any of the VOC or NOx emission limitations and restrictions contained in the approved ozone SIP. Changes to ozone SIP VOC regulations rendering them less stringent than those contained in the EPA approved plan cannot be made unless a revised plan for attainment and maintenance is submitted to and approved by EPA. Unauthorized relaxations, deletions, and changes could result in a finding of nonimplementation (section 179(a) of the CAA) or in a SIP deficiency call made pursuant to sections 110(a)(2)(H) and 110(k) of the CAA.
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.
Under section 307(b)(1) of the 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 October 3, 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 CAA, 42 U.S.C. 7607(b)(2).)
This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989, (54 FR 2214-2225) as revised by a Memorandum from Michael H. Shapiro to Regional Administrators, dated October 4, 1993. 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. The U.S. EPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the temporary 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.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, and Ozone.
40 CFR Part 81
Environmental protection, Air pollution control, National parks, and Wilderness areas.
Dated: June 28, 1994.
John H. Hankinson, Jr., Regional Administrator.
Parts 52 and 81 of chapter I, title 40, Code of Federal Regulations, is 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)(122) to read as follows:
| 52.2220 -- Identification of plan.
* * * * *
(c) * * *
(122) The maintenance plan and emission inventory for the Memphis and Shelby County Area which includes Shelby County and the City of Memphis submitted by the Tennessee Department of Environment and Conservation on November 12, 1992, and March 31, 1994, as part of the Tennessee SIP.
(i) Incorporation by reference. (A) Amendment to the Original Submittal of Nonregulatory Amendment to State Implementation Plan for Shelby County Redesignation from Nonattainment to Attainment Classification for Ozone submitted March 31, 1994, and prepared by the Memphis and Shelby County Health Department, Pollution Control Section for the Tennessee Department of Conservation. The effective date is March 9, 1994 for the following provisions:
Section I-Requirement One-Air Quality Data Shows Area Meets NAAQS
Section IV-Requirement Four-Maintenance Plan
Shelby County Emission Projections Volatile Organic Compounds (Summer Season)
Shelby County Emissions Projections 1990-2004 Nitrogen Oxides (Summer Season)
(ii) Other material. None
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. * * * * * Tennessee-Ozone Designation area Designated Classification Date fn 1 Type Date fn 1 Type Knoxville Area: Knox County 1/6/92 Nonattainment 1/6/92 Marginal Nashville Area: Davidson County 1/6/92 Nonattainment 1/6/92 Moderate Rutherford County 1/6/92 Nonattainment 1/6/92 Moderate Sumner County 1/6/92 Nonattainment 1/6/92 Moderate Williamson County 1/6/92 Nonattainment 1/6/92 Moderate Wilson County 1/6/92 Nonattainment 1/6/92 Moderate Rest of State 1/6/92 Unclassifiable/ 1/6/92 Moderate Attainment 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 DeKalb 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 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 Shelby County 10/3/94 Smith County Stewart County Sullivan County Tipton County Trousdale County Unicoi County Union County Van Buren County Warren County Washington County Wayne County Weakley County White County fn 1 This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 94-18994 Filed 8-3-94; 8:45 am]
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