[Federal Register Volume 64, Number 75 (Tuesday, April 20, 1999)]
[Rules and Regulations]
[Pages 19281-19283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9714]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-204-1-9913a; FRL-6326-9]


Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to the Memphis Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Memphis and Shelby County 
Health Department (MSCHD) ozone (O3) maintenance plan. The 
revisions were submitted by the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), on 
September 18, 1997, with supplemental information submitted on June 30, 
1998. The MSCHD revised their O3 maintenance plan by adding 
new tables which correct errors made in the original base year 
inventory and maintenance plan. These corrections impact the 
transportation conformity budget for the greater Memphis Metropolitan 
Statistical Area.

DATES: This direct final rule is effective on June 21, 1999, without 
further notice, unless EPA receives significant, material, and adverse 
comment by May 20, 1999. If EPA receives adverse comment, we will 
publish a timely withdrawal of the direct final rule in the Federal 
Register and inform the public that the rule will not take effect.

ADDRESSES: You should address comments on this action to Steven M. 
Scofield at the EPA, Region 4 Air Planning Branch, 61 Forsyth Street, 
SW., Atlanta, Georgia 30303.
    Copies of documents related to this action are available for the 
public to review during normal business hours at the locations below. 
If you would like to review these documents, please make an appointment 
with the appropriate office at least 24 hours before the visiting day. 
Reference file TN 204-1-9913a. The Region 4 office may have additional 
documents not available at the other locations.

Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303. Steven M. Scofield, 404/
562-9034.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville, 
Tennessee 37243-1531. 615/532-0554.
Memphis and Shelby County Health Department, 814 Jefferson Avenue, 
Memphis, Tennessee 38105. 901/576-7600.

FOR FURTHER INFORMATION CONTACT: Steven M. Scofield at 404/562-9034.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 1992, Tennessee submitted a maintenance plan and a 
request to redesignate the Memphis and Shelby County area from 
nonattainment to attainment for O3. In a Federal Register 
notice dated January 17, 1995 (60 FR 3352), EPA approved the Memphis 
and Shelby County O3 maintenance plan, including the 1990 
base year inventory.

II. Analysis of State's Submittal

    The revisions to the Memphis and Shelby County O3 
maintenance plan were submitted on September 18, 1997, with 
supplemental information submitted on June 30, 1998. The MSCHD revised 
their O3 maintenance plan by adding new tables which correct 
errors made in the original 1990 base year inventory and maintenance 
plan. The submittal included corrected nitrogen oxide (NOX) 
tables and graphs and three new tables for volatile organic compounds 
(VOCs), carbon monoxide (CO), and NOX.
    The purpose of the 1990 base year adjustment is to better account 
for emissions from NOX sources. The error correction affects 
the 2004 emission budget in that additional NOX emissions 
are available in the safety margin. MSCHD has chosen to allocate the 
additional safety margin to the mobile source sector. These corrections 
impact the transportation conformity budget for the greater Memphis 
Metropolitan Statistical Area.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               1990            1993            1996            1999            2002            2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     VOC Emission Inventory Summary (Tons per day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................            74.6            30.3            31.4            32.5            33.5            34.2
Area....................................................            79.3            53.3            54.3            55.2            56.2            56.9
Non-Road................................................            31.3            31.9            32.5            33.1            33.7            34.1
Mobile..................................................            72.1            46.9            44.8            44.3            43.7            43.1
Mobile Budget...........................................            72.1           112.1           107.5           104.6           101.8           144.5
Biogenics...............................................           132.6           100.8           100.8           100.8           100.8           100.8
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           390.0           263.2           263.7           265.9           267.9           269.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                     NOX Emission Inventory Summary (Tons per day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           113.5           119.4           102.0           100.4            72.9            72.0
Area....................................................             4.2             4.5             4.6             4.7             4.8             4.8
Non-Road................................................            80.8            82.3            83.8            85.3            86.8            87.9
Mobile..................................................            62.9            56.1            54.6            54.8            54.6            54.3
Mobile Budget...........................................            62.9            56.1            59.5            59.7            71.7            94.3
Biogenics...............................................             1.6             1.4             1.4             1.4             1.4             1.4
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           263.0           263.7           246.3           246.5           220.5           220.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                      CO Emission Inventory Summary (Tons per day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................            22.8            18.6            19.3            19.9            20.5            21.0
Area....................................................            82.6           107.9           109.9           111.8           113.9           115.2
Non-Road................................................           109.8           111.8           113.8           115.9           118.0           119.4

[[Page 19282]]

 
Mobile..................................................           455.1           420.1           418.5           417.3           416.5           414.6
Mobile Budget...........................................           455.1           431.5           426.9           422.4           417.8           414.6
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          670.13           658.4           661.4           664.9           668.9           670.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Final Action

    EPA is approving the revisions to the Memphis and Shelby County 
Health Department O3 maintenance plan and 1990 base year 
inventory.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective June 21, 1999, 
without further notice unless the Agency receives adverse comments by 
May 20, 1999.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 21, 1999, and no 
further action will be taken on the proposed rule.

IV. Administrative Requirements

    A. Executive Order 12866
    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. 12875 requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of written communications from the governments, and a statement 
supporting the need to issue the regulation. In addition, E.O. 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to the Office of 
Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 19283]]

(``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 promulgated 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 June 21, 1999. 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 in 40 CFR Part 52

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

    Dated: March 25, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    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 et. seq.

Subpart RR--Tennessee

    2. Section 52.2220 is amended by adding paragraph (c)(165) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (165) The revisions to 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 September 18, 1997, and June 30, 1998, 
as part of the Tennessee SIP.
    (i) Incorporation by reference. Non-Regulatory SIP Submittal 
Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide 
Triennial Emission Inventory; II. Revisions to the 1990 Base Year 
Inventory; III. Amendments to the CO and O3 Maintenance 
Plans to Specify Conformity Emission Budgets adopted on September 10, 
1997.
    (A) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day (PJVCTD3.WK1)
    (B) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day (PJNXTD3.WK1)
    (C) Mobile and point source emission budgets carbon monoxide winter 
season tons per day (PJCOTD3.WK1)
    (D) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day
    (E) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day
    (F) Mobile and point source emission budgets carbon monoxide winter 
season tons per day.
    (ii) Other material. None.

[FR Doc. 99-9714 Filed 4-19-99; 8:45 am]
BILLING CODE 6560-50-P