[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22784]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-120-1-6528a; FRL-5069-9]

 

Approval and Promulgation of Implementation Plans Regarding 
Emergency Episodes, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Tennessee. This revision revises Tennessee's 
air pollution emergency episode plan requirements. The intended effect 
of this action is to incorporate by reference into the federally-
enforceable SIP revised State regulations which meet current Federal 
requirements.
DATES: This final rule will be effective November 14, 1994 unless 
adverse or critical comments are received by October 17, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at 
the Regional Office Address listed.
    Copies of the material submitted by the State of Tennessee may be 
examined during normal business hours at the following locations:

    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, NE., Atlanta, Georgia 30365.
    Tennessee Division of Air Pollution Control, 701 Broadway, Customs 
House, 4th Floor, Nashville, Tennessee 37247-1531.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Borel, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555, ext 4197. Reference file TN-120-1-6528.

SUPPLEMENTARY INFORMATION:
    On September 1, 1993, the State of Tennessee submitted a formal 
revision to its SIP incorporating changes in the State's emergency 
episode plan. The SIP revision consists of amendments to chapter 1200-
3-15 of Tennessee's Air Pollution Control Regulations governing air 
pollution episode emergency plans. The amended revisions are summarized 
as follows:

    1. Subparagraph (b) under paragraph (3) in section 1200-3-15.02 
Episode Criteria has been revised. This subparagraph has been amended 
to revise the level of PM-10 that indicates an air pollution alert from 
375 ug/m3 to 350 ug/m3. The reference to utilization of 3.0 
COH's (Coefficient of Haze) has been deleted.
    2. Subparagraph (c) under paragraph (3) in section 1200-3-15-.02 
Episode Criteria has been revised. SO2 and the particulate 
combined-product of SO2 ppm and COH's are no longer used as air 
pollution alert indications. This subparagraph has now been reserved 
for future use.
    3. Paragraph (3) of section 1200-3-15-.02 Episode Criteria has been 
amended. In subparagraph (e), and in the description of meteorological 
condition pollutants given below subparagraph (f), ``oxidant'' has been 
changed to ``ozone.''
    4. Subparagraph (b) under paragraph (4) in section 1200-3-15.02 
Episode Criteria has been amended. ``Particulate'' has been amended to 
``PM10,'' the allowable level of PM10 has been revised from 
625 ug/m3 to 420 ug/m3, and the use of COH levels as a 
pollution warning has been deleted.
    5. Subparagraph (c) under paragraph (4) in section 1200-3-15.02 
Episode Criteria has been amended. SO2 and the particulate 
combined-product of SO2 ppm and COH's are no longer used as air 
pollution alert indications. This subparagraph has now been reserved 
for future use.
    6. Paragraph (4) of section 1200-3-15-.02 Episode Criteria has been 
amended. In subparagraph (e), and in the description of meteorological 
condition pollutants given below subparagraph (f), ``oxidant'' has been 
changed to ``ozone.''
    7. Paragraph (5) of section 1200-3-15-.02 has been revised. The 
phrase ``that should never be reached'' has been changed to ``which 
could cause an unreasonable risk to public health.''
    8. Subparagraph (b) of paragraph (5) in section 1200-3-15-.02 has 
been revised. ``Particulate'' has been amended to ``PM10,'' the 
allowable level of PM10 has been revised from 875 ug/m3 to 
500 ug/m3, and the use of COH levels as a pollution warning has 
been deleted.
    9. SO2 and the particulate combined-product of SO2 ppm 
and COH's are no longer used as air pollution alert indications. This 
subparagraph has now been reserved for future use.
    10. Paragraph (5) of section 1200-3-15-.02 Episode Criteria has 
been amended. In subparagraph (e), and in the description of 
meteorological condition pollutants given below subparagraph (f), 
``oxidant'' has been changed to ``ozone.''

    These changes are consistent with requirements prescribed in 40 CFR 
part 51, appendix L. The revised requirements still conform with the 
triggering levels and lengths of air stagnation episodes prescribed in 
40 CFR part 51, appendix L. In addition, the revised threshold levels 
for PM10 also conform with those prescribed in 40 CFR part 51, 
appendix L. Similarly, the removal of the COH threshold levels is also 
consistent with EPA's view that COH measurements do not reflect the 
best means of measuring combined SO2 and PM10 levels. 
Currently, there is no requirement in either 40 CFR part 51, subpart H, 
or 40 CFR part 51, appendix L, which requires states to have COH 
threshold levels in their respective air pollution emergency episode 
plans.

Final Action

    EPA is approving the aforementioned revisions contained in the 
State's September 1, 1993, submittal. 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 November 14, 
1994 unless, by October 17, 1994, 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 November 14, 1994.
    Under section 307(b)(1) of the Clean Air Act (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 
November 14, 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 Act, 42 U.S.C. 7607 (b)(2).)
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirement of section 3 of Executive Order 12291 for two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the 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.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under 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.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: August 24, 1994.
Joseph R. Franzmathes,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the 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)(120) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (120) Revisions to the Tennessee Division of Air Pollution Control 
emergency episode plan, submitted on September 1, 1993. These revisions 
incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP 
into the existing regulations which are required in 40 CFR 52.1270.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-15-
.02, paragraphs (3), (4), and (5), effective June 26, 1993.
* * * * *
[FR Doc. 94-22784 Filed 9-14-94; 8:45 am]
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