[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18994]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN 132-6436a; FRL-5009-3]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 (O3). The O3 
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.

SUPPLEMENTARY INFORMATION:

I. Background

    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 O3 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 O3 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 O3 maintenance SIP 
for the Memphis and Shelby County area and requested redesignation of 
the area to attainment with respect to the O3 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 O3 to attainment of the 
NAAQS for these pollutants. In addition, there have been no violations 
reported for the 1993 O3 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 O3 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 O3 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 O3 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 O3 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 O3 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 O3 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 
O3 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 O3 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         1999         2002         2004   
----------------------------------------------------------------------------------------------------------------
Point.............................        74.61        78.11        81.66        85.07        88.31        90.42
Area..............................        76.13        77.51        78.92        80.34        81.80        82.78
Mobile............................        91.53        66.65        64.90        64.94        64.70        64.38
                                   -----------------------------------------------------------------------------
      Total.......................       284.77       222.27       225.48       230.35       234.81      237.58 
----------------------------------------------------------------------------------------------------------------


                                         NOX Emission Inventory Summary                                         
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                       1990         1993         1996         1999         2002          2004   
----------------------------------------------------------------------------------------------------------------
Point.............................       139.72       179.76       162.10       162.13       139.47       139.85
Area..............................         4.04         4.12         4.19         4.27         4.34         4.40
Mobile............................        89.63        83.31        82.23        82.99        83.31        83.29
                                   -----------------------------------------------------------------------------
      Total.......................       233.39       267.19       248.52       249.39       227.12       227.54
----------------------------------------------------------------------------------------------------------------


                                     CO Emission Inventory Summary for 1990                                     
                                                 [Tons per day]*                                                
----------------------------------------------------------------------------------------------------------------
                                                     Area       Non-road      Mobile       Point        Total   
----------------------------------------------------------------------------------------------------------------
Emissions for 1990.............................        94.41       168.46       295.00         5.69      563.56 
----------------------------------------------------------------------------------------------------------------
*Projections were not made for these categories.                                                                


              Biogenics Emission Inventory Summary for 1990             
                             [Tons per day]*                            
------------------------------------------------------------------------
                                                              Biogenics 
------------------------------------------------------------------------
1990.......................................................       42.50 
------------------------------------------------------------------------
*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 O3 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 O3 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 O3 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 O3 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 O3 
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.

Final Action

    In this final action, EPA is approving the Memphis and Shelby 
County O3 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 O3 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 O3 SIP is designed to satisfy the requirements of part D 
of the CAA and to provide for attainment and maintenance of the O3 
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 O3 SIP. Changes to O3 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:

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

    2. Section 52.2220 is amended by adding paragraph (c)(122) to read 
as follows:


Sec. 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
Attachment F:
    Shelby County Emission Projections Volatile Organic Compounds 
(Summer Season)
    Shelby County Emissions Projections 1990-2004 Nitrogen Oxides 
(Summer Season)
    (ii) Other material. None

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 revising the attainment status 
designation table for ozone to read as follows:


Sec. 81.343  Tennessee.

* * * * *

                                                Tennessee--Ozone                                                
----------------------------------------------------------------------------------------------------------------
                                            Designated                               Classification             
     Designation area      -------------------------------------------------------------------------------------
                               Date\1\                Type                Date\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/Attainment.  1/6/92         Moderate.                 
    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                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
[FR Doc. 94-18994 Filed 8-3-94; 8:45 am]
BILLING CODE 6560-50-P