[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21411]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN123-1-6349-FRL-5062-5]

 

Designation of Areas for Air Quality Planning Purposes; State of 
Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The purpose of this document is to accelerate the effective 
date for the redesignation of Memphis/Shelby County, Tennessee, from 
nonattainment to attainment for the carbon monoxide (CO) air quality 
standard. EPA previously published a direct final action redesignating 
the Memphis/Shelby County CO nonattainment area effective September 26, 
1994. Since no comments were received during the public comment period 
on that notice and sanctions would otherwise be imposed for a brief 
period, this notice makes the redesignation effective immediately. This 
action stops the sanction clock and thus prevents sanctions from being 
imposed on the Memphis/Shelby County area.

EFFECTIVE DATE: This action will be effective on August 31, 1994.

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

FOR FURTHER INFORMATION CONTACT: Ben Franco of the EPA Region IV Air 
Programs Branch at (404) 347-3555 ext 4211, and at the above address.

SUPPLEMENTARY INFORMATION: On July 26, 1994, EPA published a direct 
final notice (see 59 FR 37939) redesignating the Memphis/Shelby County 
area from nonattainment to attainment for CO. That notice stated the 
effective date of the redesignation would be September 26, 1994, if no 
adverse comments were received. No adverse comments have been received. 
Subsequently, on August 4, 1994, EPA published a rule (see 59 FR 39832) 
identifying areas with findings in place that would be subject to 
sanctions under the Clean Air Act (the Act) as amended in 1990. This 
action becomes effective on September 6, 1994. The Memphis/Shelby 
County, Tennessee, CO nonattainment area was identified as one of the 
areas which would be subject to sanctions under section 179(A) of the 
Act beginning on September 6, 1994.
    The 18-month clock leading to the imposition of these sanctions was 
started by a letter dated January 15, 1993, in which EPA found that the 
State of Tennessee had failed to submit a state implementation plan 
(SIP) for an oxygenated fuels program and corrections to a basic 
inspections/maintenance program by November 15, 1992. These sanctions 
would be lifted once the redesignation becomes effective.
    Under the timetable established by the August 4, 1994, sanction 
rule and the July 26, 1994, redesignation notice, sanctions would be in 
place from September 6, 1994, to September 26, 1994, the effective date 
established in the July 26, 1994, redesignation notice. In order to 
prevent the imposition of sanctions for a three week period on an area 
whose redesignation to attainment has been approved, EPA is hereby 
accelerating the effective date of the redesignation and making it 
effective immediately upon publication of this notice. This will 
alleviate a restriction for which there is no useful purpose in this 
instance.

Final Action

    The EPA published this action on July 26, 1994, (see 59 FR 37939) 
without prior proposal because the Agency viewed this as a 
noncontroversial amendment and anticipated no adverse comments. Since 
no comments were received the final rule published on July 26, 1994 (59 
FR 37939) amending 40 CFR 52.2220 and Sec. 81.343 is effective August 
31, 1994, under the authority of the Clean Air Act (42 U.S.C. 7401-
7671q).
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a 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.

List of Subjects

40 CFR Part 52

    Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 22, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-21411 Filed 8-30-94; 8:45 am]
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