[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Rules and Regulations]
[Pages 55903-55910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27606]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN 152-1-9703; FRL-5639-2]


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 14, 1994, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), submitted 
a maintenance plan and a request to redesignate the Middle Tennessee 
(Nashville) area from moderate nonattainment to attainment for ozone 
(O3). Subsequently on August 9, 1995, and January 19, 1996, the 
State submitted supplementary information which included revised 
contingency measures and emission projections. The Nashville O3 
nonattainment area consists of Davidson, Rutherford, Sumner, 
Williamson, and Wilson Counties. Under the Clean Air Act (CAA), 
designations can be changed if sufficient data are available to warrant 
such changes. On June 24, 1996, EPA published a document proposing 
approval of the maintenance plan and redesignation request. EPA 
received a number of comments regarding the proposed rule. Those 
comments and the response thereto are summarized in the supplementary 
information that follows. In this action, EPA is approving the State of 
Tennessee's submittal because it meets the maintenance plan and

[[Page 55904]]

redesignation requirements. The approved maintenance plan will become a 
federally enforceable part of Tennessee's State Implementation Plan 
(SIP) for the Nashville area. EPA is also approving the State of 
Tennessee's 1990 baseline emissions inventory and 1994 base year 
emissions inventory because both meet EPA's requirements regarding the 
approval of baseline emission inventories.

EFFECTIVE DATE: This final rule is effective October 30, 1996.

ADDRESSES: Copies of the documents relative to this action are 
available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

Environmental Protection Agency, Region 4 Air Planning Branch, 100 
Alabama Street SW, Atlanta, Georgia 30303.
Tennessee Department of Environment and Conservation, 9th Floor, L & C 
Annex, 401 Church Street, Nashville, Tennessee 37243-1531.
Bureau of Environmental Health Services, Metropolitan Health 
Department, 311--23rd Avenue, North, Nashville, Tennessee 37203.

FOR FURTHER INFORMATION CONTACT: Steven M. Scofield, Regulatory 
Planning Section, Air Planning Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 100 
Alabama Street SW, Atlanta, Georgia 30303. The telephone number is 404/
562-9034. Reference file TN-152-1-9703.

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)(C), EPA 
designated the Nashville area as nonattainment by operation of law with 
respect to O3 because the area was designated nonattainment 
immediately before November 15, 1990. The area was classified as 
moderate.
    The moderate nonattainment area more recently has ambient 
monitoring data that show no violations of the O3 National Ambient 
Air Quality Standard (NAAQS), during the period from 1992 through 1995. 
Therefore, in an effort to comply with the CAA and to ensure continued 
attainment of the NAAQS, on November 14, 1994, the State of Tennessee 
submitted an O3 maintenance plan and requested redesignation of 
the area to attainment with respect to the O3 NAAQS. On March 13, 
1995, Region 4 determined that the information received from the State 
constituted a complete redesignation request under the general 
completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and 
2.2. Subsequently, on August 9, 1995, and January 19, 1996, the State 
submitted supplementary information which included revised contingency 
measures and emission projections.
    The Tennessee redesignation request for the Nashville moderate 
O3 nonattainment 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. Most recent ambient 
air quality monitoring data from calendar year 1992 to date in 1996 
demonstrates attainment of the standard. The State of Tennessee has 
committed to continue monitoring the moderate nonattainment area in 
accordance with 40 CFR part 58. Therefore, the State has met this 
requirement. For detailed information refer to the proposal document 
published June 24, 1996 (61 FR 32386).

2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D of the CAA

    EPA has reviewed the Tennessee SIP and ensures that it contains all 
measures due under the amended CAA prior to or at the time the State of 
Tennessee submitted its redesignation request. For detailed information 
regarding applicable requirements, refer to the proposal document.
    EPA has determined that the section 172(c)(2) reasonable further 
progress (RFP) requirement (with parallel requirements for a moderate 
ozone nonattainment area under subpart 2 of part D, due November 15, 
1993) was not applicable as the State of Tennessee submitted this 
redesignation request on November 14, 1994, which demonstrated that the 
Nashville area was monitoring attainment of the O3 standard. EPA 
determined on June 22, 1995, effective August 7, 1995, that the 
Nashville area had attained the O3 standard and that RFP and 15 
percent plan requirements do not apply to the area for so long as the 
area does not monitor any violations of the O3 standard.

A. Section 182(a)(1)--Emissions Inventory

    Tennessee has met this requirement. This document gives final 
approval of the 1990 baseline emissions inventory. For detailed 
information regarding this requirement, refer to the proposal document.

B. Section 182(a)(2), 182(b)(2)--Reasonably Available Control 
Technology (RACT)

    As stated in the proposal document, Tennessee had met all RACT 
requirements except for those in section 182(b)(2), RACT Catch-ups. 
Tennessee submitted SIP revisions to correct deficiencies in the VOC 
regulations to EPA on February 21, 1995, February 8, 1996, February 23, 
1996, April 22, 1996, and April 25, 1996. The approval of these SIP 
revisions was published in the Federal Register on July 18, 1996 (61 FR 
37387), and was effective September 16, 1996. For detailed information 
regarding this requirement, refer to the proposal document.

C. Section 182(a)(3)--Emissions Statements

    Revisions to Tennessee's emissions statements were included in the 
submittals addressing the RACT Catch-ups. The approval of these SIP 
revisions was published in the Federal Register on July 18, 1996 (61 FR 
37387), and was effective September 16, 1996. For detailed information 
regarding this requirement, refer to the proposal document.

D. Section 182(b)(1)--15% Progress Plans

    The State of Tennessee submitted this redesignation request on 
November 14, 1994, which demonstrated that the Nashville area was 
monitoring attainment of the O3 standard. EPA determined on June 
22, 1995, effective August 7, 1995, that the Nashville area had 
attained the O3 standard and that RFP and 15 percent plan 
requirements do not apply to the area for so long as the area does not 
monitor any violations of the O3 standard. For detailed 
information regarding this requirement, refer to the proposal document.

[[Page 55905]]

E. Section 182(b)(1)--New Source Review (NSR)

    Tennessee has a fully approved NSR program for moderate O3 
nonattainment areas.
    Tennessee submitted revisions to its prevention of significant 
deterioration (PSD) rule on September 1, 1993, and June 10, 1996. The 
approval of these SIP revisions was published in the Federal Register 
on July 29, 1996 (61 FR 39332), and was effective September 12, 1996. 
For detailed information regarding this requirement, refer to the 
proposal document.

F. Section 182(b)(3)--Stage II

    On January 24, 1994, EPA promulgated the on board vapor recovery 
(OBVR) rule, and section 202(a)(6) of the CAA provides that once the 
rule is promulgated, moderate areas are no longer required to implement 
Stage II. Thus, the Stage II vapor recovery requirement of section 
182(b)(3) is no longer an applicable requirement. However, Tennessee 
submitted Stage II vapor recovery rules to EPA which were approved on 
February 9, 1995 (60 FR 7713), with an effective date of April 10, 
1995. For detailed information regarding this requirement, refer to the 
proposal document.

G. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)

    The CAA required all moderate and above areas to revise the SIP to 
include provisions necessary to provide for a vehicle inspection and 
maintenance (I/M) program. The State has the required legal authority 
for I/M, and EPA approved the program on July 28, 1995 (60 FR 38694), 
with an effective date of September 26, 1995. For detailed information 
regarding this requirement, refer to the proposal document.

H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements

    Tennessee submitted a request for an exemption from the 182(f) 
requirements on March 21, 1995. In addition, NOX reductions were 
obtained from two sources prior to the Nashville area attaining the 
O3 standard. The State submitted these permits for approval on May 
31, 1996. The approval of these SIP revisions was published in the 
Federal Register and will be effective prior to the effective date of 
this action. For detailed information regarding this requirement, refer 
to the proposal document.

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 Tennessee has a fully approved O3 SIP under 
section 110(k).

4. The Air Quality Improvement Must Be Permanent and Enforceable

    Several control measures have come into place since the Nashville 
nonattainment area violated the O3 NAAQS. Of these control 
measures, the reduction of fuel volatility to 9.5 psi in 1989, and 
finally to 7.8 psi beginning with the summer of 1992, as measured by 
the Reid Vapor Pressure (RVP), and fleet turnover due to the Federal 
Motor Vehicle Control Program (FMVCP) produced the most significant 
decreases in VOC emissions. The reduction in VOC emissions due to the 
mobile source regulations from 1990 to 1994 was 27.14 tons per day 
(28.6%). The VOC emissions in the base year are not artificially low 
due to local economic downturn.

5. Fully Approved Maintenance Plan Under Section 175A

    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 document, EPA is approving the State of Tennessee's 
maintenance plan for the Nashville nonattainment area because EPA finds 
that Tennessee's submittal meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

    On November 15, 1993, the State of Tennessee submitted 
comprehensive inventories of VOC, NOX, and CO emissions from the 
Nashville area. The inventories include biogenic, area, stationary, and 
mobile sources for 1990.
    The State submittal contains the detailed inventory data and 
summaries by county and source category. Finally, this inventory was 
prepared in accordance with EPA guidance. However, Tennessee had not 
attained the O3 standard during 1990. Therefore, 1994 will be used 
as the base year for this redesignation. This document approves the 
1990 baseline inventory and the 1994 base year inventory for the 
Nashville area. A summary of the 1990 baseline inventories as well as 
the 1994 base year and projected maintenance year inventories is 
included in this document.

                                            Summary of VOC Emissions                                            
                                                 [Tons per day]                                                 
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                                        1990         1994         1996         1999         2002         2006   
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Point.............................        45.87        41.48        38.34        40.98        43.60        47.08
Area..............................        67.67        50.46        43.91        46.11        48.31        51.24
Non-Road..........................        27.83        28.74        29.09        29.39        29.68        30.08
Mobile............................        94.77        67.63        56.27        53.43        52.90        53.17
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      Total.......................       263.14       188.31       167.61       169.91       174.49       181.57
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[[Page 55906]]


                                            Summary of NOX Emissions                                            
                                                 [Tons per day]                                                 
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                                        1990         1994         1996         1999         2002         2006   
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Point.............................       111.79       124.96        73.45        78.99        84.50        94.25
Area..............................        15.12        14.56        15.03        15.78        16.54        17.54
Non-Road..........................        29.24        30.19        30.67        31.44        32.20        33.22
Mobile............................       111.34       120.53       102.20        98.79        96.25        96.60
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      Total.......................       267.49       290.24       221.35       225.00       229.31       241.61
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                                             Summary of CO Emissions                                            
                                                 [Tons per day]                                                 
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                                        1990         1994         1996         1999         2002         2006   
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Point.............................        20.43        21.54        22.12        23.13        24.13        25.43
Area..............................        35.94        11.75        16.97        17.48        18.00        18.68
Non-Road..........................       188.69       194.80       197.93       202.86       207.78       214.35
Mobile............................       720.68       614.24       458.63       413.08       401.31       407.97
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      Total.......................       965.74       842.33       695.65       656.55       651.22       666.43
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B. Demonstration of Maintenance--Projected Inventories

    Total VOC and NOX emissions were projected from 1990 out to 
2006, with interim years of 1994, 1996, 1999, and 2002. These projected 
inventories were prepared in accordance with EPA guidance. The 
projections show that VOC and NOX emissions are not expected to 
exceed the level of the base year inventory during this time period.

C. Verification of Continued Attainment

    Continued attainment of the O3 NAAQS in the Nashville area 
depends, in part, on the State's efforts toward tracking indicators of 
continued attainment during the maintenance period. The State has also 
committed to complete periodic inventories of VOC and NOX 
emissions every five years. The contingency plan for the Nashville area 
is triggered by three indicators; a violation of the O3 NAAQS, the 
monitored ambient levels of O3 exceed 0.12 parts per million (ppm) 
more than once in any year at any site in the nonattainment area, or 
the level of total VOC or NOX emissions has increased above the 
attainment level in 1994 by ten percent or more.

D. Contingency Plan

    The level of VOC and NOX emissions in the Nashville 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, Tennessee 
has provided contingency measures with a schedule for implementation in 
the event of a future O3 air quality problem. In the case of a 
violation of the O3 NAAQS, the plan contains a contingency to 
implement additional control measures such as lower Reid Vapor Pressure 
for gasoline, lowering the threshold of applicability for major 
stationary VOC and NOX sources from 100 tons per year (tpy) to 50 
tpy, and application of RACT on sources covered by new CTG categories. 
Any additional measures taken by Tennessee will be implemented within 
18 months of the trigger date. A complete description of these 
contingency measures and their triggers can be found in the State's 
submittal. EPA finds that the contingency measures provided in the 
State 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.
    On June 24, 1996, EPA published a document proposing approval of 
the maintenance plan and redesignation request (61 FR 32386). EPA 
received a number of comments regarding the proposed rule. Those 
comments and the response thereto are summarized below.
    Comment #1--The commenter disagreed that the State had met all of 
the requirements in section 107(d)(3)(E)(ii) and requested that all of 
the SIP requirements in section 107(d)(3)(E)(ii) be approved prior to 
the comment period on the redesignation.
    Response--Section 107(d)(3)(E) stipulates that a redesignation of a 
nonattainment area to attainment may not be promulgated unless 
conditions (i) through (v) have been met. In the proposed rule 
published on June 24, 1996 (61 FR 32386), EPA did not promulgate the 
redesignation to attainment. The proposed rule clearly specifies that 
EPA will not take final action on the redesignation until the Tennessee 
SIP has been fully approved. Each of the actions approving the various 
SIP revisions have their own comment period during which the public may 
review and comment on those specific actions. As of this action, the 
State has submitted all of the requirements in section 107(d)(3)(E)(ii) 
and the EPA has approved each requirement.
    Comment #2--The commenter requested that EPA provide the legal 
basis for the interpretation that only those requirements which came 
due prior to the State's request for redesignation must be met in order 
for the redesignation to be approved.
    Response--Under the criterion contained in section 
107(d)(3)(E)(ii), an area seeking redesignation must have a SIP that 
has been fully approved by the Administrator. EPA has interpreted this 
requirement to mean that there has been satisfactory completion of the 
Act's then current requirements at the time of the redesignation 
submittal. This interpretation is discussed in a memorandum dated 
September 17, 1993 from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation, entitled State Implementation Plan 
(SIP) Requirements for Areas Submitting

[[Page 55907]]

Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or 
after November 15, 1992.
    In particular, before EPA can act favorably upon any State 
redesignation request, the State must adopt statutorily-mandated 
control programs of Section 110 and Part D that were due prior to the 
time of the redesignation request. This interpretation makes clear what 
requirements a State must meet at the time of its redesignation 
submittal, and avoids the necessity of States continually resubmitting 
their request as more SIP requirements come due. In certain instances 
where a mandated requirement has come due, but has not yet been 
approved into the SIP, the State may submit the missing plan for 
approval with the redesignation request, and EPA must approve the plan 
submitted before it can act on the redesignation request. This 
circumstance includes submittal of a NOX waiver pursuant to 
Section 182(f) of the Act. This issue is discussed in Section II: 
Policy Summary, and Section IV: Coordination of SIP Submittals and 
Redesignation Request, in the above-cited memorandum.
    Comment #3--The commenter stated that EPA does not have the 
discretion to conditionally approve the redesignation, that conditional 
approval would not only be a misinterpretation of the use of 
conditional approvals, but also a violation of the Administrative 
Procedures Act.
    Response--In the proposed rule published on June 24, 1996 (61 FR 
32386), EPA did not conditionally approve any elements of the 
redesignation. The EPA proposed to approve the redesignation with no 
conditions specified. The document did state that final action would 
not be taken prior to final SIP approval. However, that does not 
constitute conditional approval. There will be no outstanding approvals 
at the time of final action.
    Comment #4--The commenter requested that EPA extend the comment 
period until final approval of all of the requirements on which 
approval of the redesignation is contingent, or issue another public 
notice once the SIP is complete.
    Response--As stated above, each of the actions approving the 
various SIP revisions (on which approval of the redesignation is 
contingent) have their own comment period during which the public may 
review and comment on those specific actions. EPA believes that the 30 
day comment period for the proposed rule satisfies the requirements of 
the Administrative Procedures Act (5 U.S.C.A. Sec. 553) and has 
provided the public adequate time in which to make comments. EPA denies 
the request to extend the comment period and denies the request to 
institute a second comment period on this action.
    Comment #5--The commenter requested that more detail be provided on 
the contingency plan, and that the plan was brief and vague.
    Response--Some detail has been added to EPA's discussion of its 
evaluation of the measures in Tennessee's contingency plan; however, 
only EPA's evaluation of the plan is included in this Federal Register 
notice. The contingency plan may be found in its entirety in the 
maintenance plan submitted by the State.
    Comment #6--The commenter stated that it is premature to ask the 
public to comment on the redesignation when the NOX exemption is 
being considered. Also, the commenter opposed EPA's redesignation since 
it is contingent on approval of a NOX exemption which was done 
through direct final procedures for noncontroversial actions. The 
commenter asserted that since other actions similar to the Tennessee 
NOX exemption had raised extensive public comment, the TN action 
was inappropriate.
    Response--EPA believes that while the actions such as the NOX 
exemption are related to the redesignation, these actions may proceed 
concurrently with the redesignation, as long as action on all of the 
SIP revisions on which approval of the redesignation is contingent are 
effective prior to or concurrent with the effective date of the 
redesignation. EPA does not agree that all NOX exemptions are 
controversial because adverse comments were raised regarding similar 
individual NOX exemptions. In fact, despite adverse comments, a 
number of NOX exemptions have been granted and are in place as of 
this writing.
    Comment #7--The commenter stated that, through inconsistent EPA 
policy, upwind states have been allowed to redesignate areas and obtain 
exemptions from NOX and VOC programs required by the CAA without 
regard to the effects of these actions on downwind areas.
    Response--Section 107(d)(3)(E) does not require a submission of a 
redesignation by a state to address the effects of that action and 
related NOX and VOC programs on ``downwind'' areas. Moreover, EPA 
does not believe that allowing a NOX exemption in the Nashville 
area will affect attainment or maintenance of the ambient standard for 
ozone in other states.
    Comment #8--The commenter stated that EPA's ``clean data'' policy 
fails in that it does not address the long range transport of ozone. 
Also stated is that since several other ozone areas were redesignated 
and subsequently violated the ozone NAAQS, the maintenance plans for 
these areas do not contain adequate control programs and contingency 
measures, and that additional programs will be needed in Nashville as 
well.
    Response--As stated above, section 107(d)(3)(E) does not require a 
submission of a redesignation by a state to address the long range 
transport of ozone, and EPA does not believe that this redesignation 
will affect long range ozone transport. The Nashville area has ambient 
monitoring data that show no violations of the ozone standard during 
the period from 1992 to date in 1996. EPA has determined that the 
maintenance plan and contingency measures for the Nashville area are 
adequate.
    Comment #9--The commenter stated that, since the NOX exemption 
was submitted after the request for redesignation, TN should have 
already had a NOX RACT program in place at the time of the request 
for redesignation, and that a 15% rate of progress plan should have 
been submitted after the initial submission was found incomplete. 
Finally, the commenter stated that the redesignation and NOX 
exemption should not be granted and urged EPA to reverse the notices on 
these actions.
    Response--Tennessee had existing NOX controls in effect during 
the attainment period, prior to the request for redesignation. EPA 
subsequently determined that the Nashville area had attained the 
standard (60 FR 32466, June 22, 1995), therefore additional NOX 
controls were not needed to attain the ozone standard. In addition, EPA 
determined that RFP and 15% plan requirements do not apply to the area 
for so long as the area does not monitor any violations of the ozone 
standard. If an area has in fact attained the standard, the stated 
purpose of the RFP requirement will have already been fulfilled and EPA 
does not believe that the area need submit revisions providing for the 
further emission reductions described in the RFP provisions of section 
182(b)(1). The State submitted the redesignation on November 14, 1994, 
and EPA determined the submittal complete in a letter dated March 13, 
1995. Due to the reasons stated above, EPA believes the actions 
regarding the redesignation and NOX exemption are warranted.

[[Page 55908]]

    Comment #10--The commenter requested that EPA deny the 
redesignation request until more information is available, including 
the results of the Southern Oxidant Study, since the area came close to 
having an exceedance last summer and the standard may be violated by 
the time the designation process is concluded. The commenter also 
asserted that, since there is scientific consensus that the current 
standard is not stringent enough to protect public health, and EPA 
intends to propose a tighter ozone standard, the area should not be 
reclassified.
    Response--As stated in the response to comment 8, this action is 
based on ambient monitoring data that show no violations of the ozone 
NAAQS during the period from 1992 to date in 1996. Other information, 
such as results of the Southern Oxidant Study, is not relevant to the 
ozone redesignation. Regardless of occurrences of exceedances or near-
exceedances, the Nashville area has attained the ozone standard. As of 
this action, the ozone standard is under review as to adequacy in 
protecting public health. Since the standard has not been revised, only 
attainment of the current standard has been evaluated for this 
redesignation.
    Comment #11--The commenter expressed concern that redesignating the 
area would send the wrong message to the public, which would be to 
assume that the problem had been solved.
    Response--EPA believes that the maintenance plan is adequate to 
maintain the ozone standard in the Nashville area, and redesignating 
the area to attainment is appropriate and accurately reflects the 
status of air quality concerning the current ozone NAAQS in the 
Nashville area.
    Comment #12--The commenter disputed the inapplicability of 
reasonable further progress and 15% plan requirements; the commenter 
stated that EPA's determination exceeds its discretionary regulatory 
authority to modify specific statutory requirements.
    Response--EPA does not believe that this determination modifies any 
specific statutory requirements. The purpose of the RFP (including 15% 
plan) requirement is to ensure attainment of the ozone standard by the 
attainment date applicable under the CAA. If an area has in fact 
attained the standard, the stated purpose of the RFP requirement will 
have already been fulfilled, thereby meeting the statutory requirement, 
and EPA does not believe that the area need submit revisions providing 
for further emissions reductions.
    Comment #13--The commenter had serious reservations as to the 
adequacy of EPA's conclusion that the TN SIP satisfies the requirements 
of Section 110(a)(2) of the CAA, given the unresolved status of the 
revisions on which the redesignation is contingent described in the 
proposal. The commenter believes a more thorough evaluation of the SIP 
by EPA is warranted prior to any further consideration of the 
redesignation.
    Response--As stated in the response to comment 1, section 
107(d)(3)(E) stipulates that a redesignation of a nonattainment area to 
attainment may not be promulgated unless conditions (i) through (v) 
have been met; in the proposed rule, the redesignation was not 
promulgated. As of this final action, the State has met all of the 
requirements in section 107(d)(3)(E)(ii). EPA believes, as previously 
stated, that the State has met all of the requirements in section 
107(d)(3)(E), including all requirements applicable to the area under 
section 110. The evaluation of the Tennessee SIP is described in detail 
in section 2 of the supplementary information in the proposed rule.
    Comment #14--The commenter took exception to the use of EPA's 
diluted redesignation guidance (Seitz memo, May 10, 1995). They further 
state that most EPA guidance includes procedural devices facilitating 
redesignation requests by suspending requirements of SIP revisions, 
which is inconsistent with section 107(D)(3)(E). The commenter also 
asserts that EPA cannot use the 1995 Seitz memorandum to substitute its 
own criteria for redesignation over congressional instruction.
    Response--EPA does not believe that the 1995 Seitz memorandum is 
being used to substitute EPA's own criteria for redesignation over 
congressional instruction. The memorandum sets forth EPA policy to 
address whether areas must submit SIP revisions concerning requirements 
necessary to attain the ozone standard once an area has attained the 
standard. As stated in the response to comment 12, if an area has in 
fact attained the standard, the stated purpose of the RFP requirement 
will have already been fulfilled, thereby meeting the statutory 
requirement, and EPA does not believe that the area need submit 
revisions providing for further emissions reductions as long as the 
area continues to meet the standard. EPA does not believe that this 
policy is inconsistent with section 107(D)(3)(E).
    Comment #15--The commenter stated that utilizing the 1995 Seitz 
memorandum to render inapplicable CAA sections 172(c)(2) and 182(b)(1) 
requirements jeopardizes the Nashville request by making it susceptible 
to revocation if subjected to judicial review.
    Response--EPA has not utilized the 1995 Seitz memorandum to render 
CAA sections 172(c)(2) and 182(b)(1) requirements inapplicable; the 
memorandum determines that if the purpose of a requirement has already 
been fulfilled, the statutory requirement has been met, and the area 
need not submit further SIP revisions regarding a requirement that has 
been fulfilled.
    Comment #16--The commenter stated that they believe that it is in 
the best interests of the Nashville region that EPA stay action on 
redesignation requests for ozone nonattainment areas in the states 
participating in OTAG until regional ozone precursor emission 
strategies are proposed and implemented, and the same should apply to 
NOX waivers in the OTAG domain.
    Response--Section 107(D)(3)(E) does not provide for incorporating 
OTAG strategies in redesignations, nor does section 182(f) for NOX 
exemptions. EPA believes the Tennessee request has met all of the 
requirements in section 107(D)(3)(E) and is approving the redesignation 
in this final action.

Final Action

    In this final action, EPA is approving the Nashville O3 
maintenance plan, including the 1990 baseline inventory and the 1994 
base year inventory, because it meets the requirements of section 175A. 
In addition, EPA is redesignating the Nashville area to attainment for 
O3 because the State of Tennessee has demonstrated compliance with 
the requirements of section 107(d)(3)(E) for redesignation. EPA 
believes all comments received have been adequately addressed and is 
therefore proceeding with approval of this action.
    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 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

[[Page 55909]]

the CAA] or in a SIP deficiency call made pursuant to sections 
110(a)(2)(H) and 110(k) of the CAA.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
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.

Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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. Sections 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.
    Granting the ozone redesignation makes less burdensome the 
requirements on those small entities in the Nashville area that are 
regulated under the State's ozone control plan. Accordingly, the 
Administrator hereby certifies that this action will not have a 
significant economic impact on a substantial number of small entities.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval 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 approves pre-existing 
requirements under State or local law, and imposes no new Federal 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 30, 1996. 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).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: October 11, 1996.
John H. Hankinson, Jr.,
Regional Administrator.

    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)(144) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (144) The maintenance plan and redesignation request for the 
Nashville Area which includes Davidson, Rutherford, Sumner, Williamson, 
and Wilson Counties submitted by the Tennessee Department of 
Environment and Conservation on November 14, 1994, August 9, 1995, and 
January 19, 1996, as part of the Tennessee SIP.
    (i) Incorporation by reference.
    The following sections of the document entitled Request for 
Redesignation of the Middle Tennessee Non-attainment Area from Moderate 
Non-attainment to Attainment of the National Ambient Air Quality 
Standard for Ozone and the Maintenance Plan: 2.0 Attainment 
Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and 
Appendix 4 Summaries of Projected Emissions for VOC, NOX, and CO 
adopted on January 10, 1996.
    (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.

Subpart C--Section 107 Attainment Status Designations

    2. In Sec. 81.343, the ``Tennessee-Ozone'' table is amended by 
removing the Nashville area and its entries in the first alphabetical 
list and by adding in alphabetical order entries for ``Davidson 
County'', ``Rutherford County'', ``Sumner County'', ``Williamson 
County'', and ``Wilson County'' to the second listing of counties; and 
by revising the entry ``Rest of State'' to read ``Statewide''.


Sec. 81.343  Tennessee

* * * * *

[[Page 55910]]



                                                                    TENNESSEE--OZONE                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation                                                Classification                 
        Designated area        -------------------------------------------------------------------------------------------------------------------------
                                         Date \1\                              Type                              Date \1\                   Type        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statewide.....................  Unclassifiable/Attainment.                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
Davidson County...............  Oct. 30, 1996.............                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
Rutherford County.............  Oct. 30, 1996.............                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
Sumner County.................  Oct. 30, 1996.............                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
Williamson County.............  Oct. 30, 1996.............                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
Wilson County.................  Oct. 30, 1996.............                                                                                              
                                                                                                                                                        
                 *                  *                  *                    *                    *                  *                  *                
--------------------------------------------------------------------------------------------------------------------------------------------------------
 \1\ This date is November 15, 1990, unless otherwise noted.                                                                                            

[FR Doc. 96-27606 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-50-P