[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)]
[Rules and Regulations]
[Pages 40291-40292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19503]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FRL-5274-4]


Determination of Attainment of Ozone Standard by Nashville, 
Tennessee, and Determination Regarding Applicability of Certain 
Reasonable Further Progress and Attainment Demonstration Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On June 22, 1995, the EPA published a proposed rule (60 FR 
32477) and a direct final rule (60 FR 32466) determining that the 
Ashland, Kentucky, Northern Kentucky (Cincinnati Area), Charlotte, 
North Carolina, and Nashville, Tennessee, ozone nonattainment areas 
were attaining the National Ambient Air Quality Standard (NAAQS) for 
ozone. Based on this determination, the EPA also determined that 
certain reasonable further progress and attainment demonstration 
requirements, along with certain other related requirements, of part D 
of Title 1 of the Clean Air Act (Act) are not applicable to the areas 
so long as the areas continue to attain the ozone NAAQS. The 30-day 
comment period concluded on July 24, 1995. During this comment period, 
the EPA received one comment letter in response to the June 22, 1995, 
rulemaking. That comment addressed only the Northern Kentucky 
(Cincinnati) area. Response to that comment and final action on the 
Northern Kentucky area will be addressed in a subsequent notice if 
warranted. Additionally, since publication of the original 
determination on June 22, 1995, the Ashland, Kentucky, and Charlotte, 
North Carolina, areas were redesignated to attainment on June 29, 1995 
(60 FR 33748), and July 5, 1995 (60 FR 34859), respectively, making 
this finding for those areas no longer necessary. This rule finalizes 
the EPA's determination that the Nashville, Tennessee, area has 
attained the ozone standard and that certain reasonable further 
progress and attainment demonstration requirements as well as other 
related requirements of part D of the Act are not applicable to this 
area as long as the area continues to attain the ozone NAAQS.

EFFECTIVE DATE: This action will be effective August 8, 1995.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following location: U.S. Environmental Protection Agency, Region 4, Air 
Programs Branch, 345 Courtland Street, Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Kay Prince, Regulatory Planning & 
Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 
345 Courtland Street, Atlanta, Georgia 30365. The telephone number is 
(404) 347-3555, extension 4221.

SUPPLEMENTARY INFORMATION:

I. Background Information

    On June 22, 1995, the EPA published a direct final rulemaking (60 
FR 32466) determining that the Ashland, Kentucky, Charlotte, North 
Carolina, and Nashville, Tennessee, moderate ozone nonattainment areas 
have attained the NAAQS for ozone. In that rulemaking, the EPA also 
determined that the requirements of section 182(b)(1) concerning the 
submission of a 15 percent reasonable further progress plan and ozone 
attainment demonstration and the requirements of section 172(c)(9) 
concerning contingency measures are not applicable to these areas so 
long as the areas do not violate the ozone standard. In addition, the 
EPA determined that the sanctions clocks started on January 28, 1994, 
for the Ashland, Kentucky, and Charlotte, North Carolina, areas for 
failure to submit the section 182(b)(1) 15 percent plan and attainment 
demonstration, and on April 1, 1994, for the Nashville, Tennessee, area 
for submittal of an incomplete 15 percent plan would be stopped since 
the deficiencies on which they are based no longer exist. The clocks 
started on January 28, 1994, for the Ashland, Kentucky, and Charlotte, 
North Carolina areas were subsequently stopped by the aforementioned 
redesignation actions.
    At the same time that the EPA published the direct final rule, a 
separate notice of proposed rulemaking was published in the Federal 
Register (60 FR 32477). This proposed rulemaking specified that EPA 
would withdraw the direct final rule if adverse or critical comments 
were filed on the rulemaking. The EPA received one letter containing 
adverse comments regarding the direct final rule for Northern Kentucky 
within 30 days of publication of the proposed rule and withdrew the 
direct final rule on [insert date of withdrawal notice]. Any further 
action deemed necessary for the Northern Kentucky area will be taken in 
a separate notice.
    The specific rationale and air quality analysis the EPA used to 
determine that the Nashville, Tennessee, moderate ozone nonattainment 
area has attained the ozone NAAQS and is not required to submit SIP 
revisions for reasonable further progress, attainment demonstration and 
related requirements are explained in the direct final rule and will 
not be restated here.

II. Final Rulemaking Action

    The EPA is making a final determination that the Nashville, 
Tennessee, moderate ozone nonattainment area has attained the ozone 
standard and continues to attain the standard at this time. No comments 
were received regarding the proposal as it concerned Nashville. As a 

[[Page 40292]]
consequence of this determination, the requirements of section 
182(b)(1) concerning the submission of the 15 percent reasonable 
further progress plan and ozone attainment demonstration and the 
requirements of section 172(c)(9) concerning contingency measures are 
not applicable to the area so long as the area does not violate the 
ozone standard.
    The EPA emphasizes that this determination is contingent upon the 
continued monitoring and continued attainment and maintenance of the 
ozone NAAQS in the affected area. When and if a violation of the ozone 
NAAQS is monitored in the Nashville, Tennessee, nonattainment area 
(consistent with the requirements contained in 40 CFR Part 58 and 
recorded in AIRS), the EPA will provide notice to the public in the 
Federal Register. Such a violation would mean that the area would 
thereafter have to address the requirements of section 182(b)(1) and 
section 172(c)(9) since the basis for the determination that they do 
not apply would no longer exist.
    As a consequence of the determination that the Nashville area has 
attained the NAAQS and that the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and 
contingency measure requirement of section 172(c)(9) do not presently 
apply, these are no longer requirements within the meaning of 40 CFR 
52.31(c)(1). Consequently, the sanctions clock started by EPA on April 
1, 1994, for submittal of an incomplete 15 percent plan, is hereby 
stopped.
    The EPA finds that there is good cause for this action to become 
effective immediately upon publication because a delayed effective date 
is unnecessary due to the nature of this action, which is a 
determination that certain Act requirements do not apply for so long as 
the areas continue to attain the standard. The immediate effective date 
for this action is authorized under both 5 U.S.C. Section 553(d)(1), 
which provides that rulemaking actions may become effective less than 
30 days after publication if the rule ``grants or recognizes an 
exemption or relieves a restriction'' and Section 553(d)(3), which 
allows an effective date less than 30 days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.''
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this final action determining that the Nashville, Tennessee, ozone 
nonattainment area has attained the NAAQS for ozone and that certain 
reasonable further progress and attainment demonstration requirements 
of sections 182(b)(1) and 172(c)(9) no longer apply must be filed in 
the United States Court of Appeals for the appropriate circuit by 
October 10, 1995. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule for the 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)).
    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 economic 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. Today's determination does not create any new 
requirements, but suspends the indicated requirements. Therefore, 
because this notice does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected.
    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rulemaking that includes a Federal mandate that may result in 
estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Section 
203 requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule. Under section 205, the EPA must select the most cost-effective 
and least burdensome alternative that achieves the objectives of the 
rule and is consistent with statutory requirements.
    The EPA has determined that today's final action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local or tribal governments in the aggregate, or 
to the private sector. This Federal action imposes no new Federal 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Volatile organic compounds.

    Dated: July 31, 1995.
R.F. McGhee,
Acting Regional Administrator.

    Part 52, chapter 1, 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 52.2235 is added to read as follows:


Sec. 52.2235  Control strategy: Ozone.

    (a) Determination--EPA is determining that, as of August 8, 1995, 
the Nashville ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Nashville ozone 
nonattainment area, these determinations shall no longer apply.
    (b) [Reserved]

[FR Doc. 95-19503 Filed 8-7-95; 8:45 am]
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