[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Rules and Regulations]
[Pages 3352-3356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1007]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN 132-1-6787; FRL-5133-7]


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 as amended in 1990 (CAA), designations can be changed if 
sufficient data are available to warrant such changes and the 
redesignation request satisfies the criteria set forth in the CAA 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.

EFFECTIVE DATE: This final rule is effective February 16, 1995.

ADDRESSES: Copies of the redesignation request and the State of 
Tennessee's submittal are available for public review during normal 
business hours at the following locations. 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 4, Air Programs Branch, 345 
Courtland Street NE, Atlanta, GA 30365.
Memphis and Shelby County Health Department, 814 Jefferson Avenue, 
Memphis, Tennessee 38105. [[Page 3353]] 
FOR FURTHER INFORMATION CONTACT: Karen Borel of the EPA Region 4 Air 
Programs Branch at (404) 347-3555, ext. 4197 and at the Region 4 
address.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act 
Amendments of 1990 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 O3 to attainment of the NAAQS for 
this pollutant. In addition, there have been no violations reported for 
the 1993 O3 season. The revised request for redesignation 
submittal was approved by the TN Air Pollution Control Board on March 
9, 1994. The EPA reviewed this request for revision of the federally 
approved SIP and found it to be in conformance with the requirements of 
the 1990 CAA. EPA therefore published a notice to approve the revisions 
without prior proposal (59 FR 39692, August 4, 1994).
    In that final rulemaking, EPA advised the public that the effective 
date of the action was deferred for 60 days (until October 3, 1994), to 
provide an opportunity to submit comments. EPA announced that if such 
comments were received within 30 days (by September 6, 1994), the 
action would be withdrawn by publishing a subsequent document that 
would withdraw the final action. All public comments received would 
then be addressed in a subsequent final rule based on the 59 FR 39692 
notice (August 4, 1994) serving as the proposed rule. The EPA also 
announced that it would not institute a second comment period on this 
action. Adverse comments were received on the 59 FR 39692 notice 
(August 4, 1994), prior to the September 6, 1994, deadline. 
Accordingly, EPA withdrew the direct final notice on October 26, 1994, 
(59 FR 53741) and is hereby addressing those adverse comments in this 
final rule.
    The commenter, representing the Utah Chapter of the Sierra Club, 
contends that EPA should not approve the Memphis/Shelby County 
maintenance plan or the redesignation of the area to attainment for 
O3. The commenter had two specific comments.
    Comment 1: In the first comment, the commenter states that ``EPA is 
acting contrary to their own guidelines by accepting the acknowledged 
increase in NOX emissions from the baseline 1990 inventory for 
this area.'' [Nitrogen Oxides (NOX)] The commenter also believes 
that ``EPA must at the very least firmly adhere to their guidelines for 
redesignation of areas to attainment and to not allow future emission 
inventories to exceed the attainment inventory.''
    Response to Comment 1: The Agency recognizes the legitimacy of the 
commenter's first concern. Prior to the publication of the August 4, 
1994, Federal Register notice, the Agency considered this particular 
issue in depth. In the August 4, 1994, notice, in column one, page 
39696, it is recognized that the data submitted for 1993 showed a 
higher level of NOX emissions than the base year. However, as also 
stated in that notice, the Memphis/Shelby County nonattainment area was 
still in attainment during 1993. All future years' NOX emissions 
data are below the 1993 level, therefore, continued attainment is 
expected. The projected 1993 emissions closely approximated 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 previously, did not cause a violation of the 
standard. The projected levels for 2002 and 2004 are less than the 
attainment year. The Agency believes that the emissions projections 
demonstrate that the area will continue to maintain the O3 NAAQS 
because this area achieved attainment primarily through Volatile 
Organic Compounds (VOC) controls and reductions. Further VOC 
projections continue to show a decrease and NOX projections show a 
decrease beyond 1993, a year in which the standard was attained.
    Comment 2: In the second comment, the commenter expressed concern 
that ``NOX emissions in particular are treated as an insignificant 
issue'' and that, in the assessment of how well the Tennessee proposal 
meets criteria four (The Air Quality Improvement must be Permanent and 
Enforceable), ``there is no mention of NOX'' and the ``discussion 
is only of VOC emissions.''
    Response to Comment 2: EPA has not treated NOX emissions as 
insignificant. EPA has considered NOX emissions and their impact 
fully in reviewing this redesignation request. EPA believes, however, 
that the emissions projections for NOX and VOCs provide an 
adequate demonstration of maintenance in light of the fact that the 
Memphis/Shelby County Area continued to attain the ozone standard in 
1993 notwithstanding the projected increase of NOX emissions in 
that year. As explained above NOX emissions are not projected to 
increase above 1993 levels; they are projected to decline after 1993 to 
levels below the 1990 baseline year.
    Furthermore, although EPA did not refer to them in the earlier 
Federal Register notice, NOX reductions have occurred as a result 
of the implementation of the federal motor vehicle control program and 
I/M program in the Memphis/Shelby County Area. Fleet turnover in future 
years to cleaner vehicles will result in further NOX reductions. 
Most of the reductions that have occurred in the Memphis/Shelby County 
area, however, have been VOC reductions and it has been reliance 
primarily on VOC reductions that is responsible for attainment of the 
standard in this area.
    In addition, EPA notes that, as described in the earlier notice 
regarding the Memphis redesignation, one of the contingency measures in 
the contingency plan is the development and implementation of NOX 
requirements for stationary fuel burning sources. Thus, in the event 
that NOX emissions presented a problem during the maintenance 
period that caused a violation to occur, a NOX-specific measure 
has already been incorporated in the contingency plan. However, it 
should be noted that the Memphis/Shelby County area is classified as 
marginal for O3 attainment. The CAA does not mandate reductions of 
NOX in marginal nonattainment areas, only in areas classified as 
moderate and above. Therefore, the Agency cannot require reductions in 
NOX emissions as a requirement for redesignation to attainment for 
O3 in marginal areas such as Memphis/Shelby County.
    Finally, EPA notes that this action does not result in the 
continued postponement of reductions of NOX emissions in this 
country. This action concerns only the Memphis/Shelby 
[[Page 3354]] County area and, in any event, further NOX 
reductions are projected to occur even in this area.
    After additional review of this proposed redesignation in light of 
the commenter's concerns, the Agency concludes that this area should be 
redesignated to attainment for ozone.

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 OMB has exempted these actions from review under Executive 
Order 12866.
    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 March 20, 1995. 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).)

List of Subjects

40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Ozone.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: December 23, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 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 Emission 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.

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[[Page 3355]]                                                                                                   
                                                                    Tennessee--Ozone                                                                    
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                                                                               Designation                                       Classification         
                 Designated area                  ------------------------------------------------------------------------------------------------------
                                                            Date\1\                             Type                        Date\1\           Type      
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Nashville Area:                                                                                                                                         
    Davidson County..............................  ........................  Nonattainment............................  ..............  Moderate.       
    Rutherford County............................  ........................  Nonattainment............................  ..............  Moderate        
    Sumner County................................  ........................  Nonattainment............................  ..............  Moderate.       
    Williamson County............................  ........................  Nonattainment............................  ..............  Moderate.       
    Wilson County................................  ........................  Nonattainment............................  ..............  Moderate.       
Rest of State....................................  ........................  Unclassifiable/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                                                                                                                                      
    Knox County..................................  10/27/93 ...............                                                                             
[[Page 3356]]                                                                                                                                           
                                                                                                                                                        
    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................................  Feb. 16, 1995...........                                                                             
    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                                                                                                                                        
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\1\This date is November 15, 1990, unless otherwise noted.                                                                                              

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[FR Doc. 95-1007 Filed 1:13-95; 8:45 am]
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