Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TN123-1-6349a; FRL-5009-1]

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 October 30, 1992, the Memphis and Shelby County Health

Department (MSCHD), submitted a maintenance plan and a request to

redesignate the Memphis/Shelby County area from nonattainment to

attainment for carbon monoxide (CO). The public hearing was held on

December 30, 1992, and the Tennessee Air Pollution Control Board gave

approval on October 13, 1993. The CO nonattainment area consists only

of Memphis/Shelby County. Under the Clean Air Act (CAA), designations

can be revised if sufficient data are available to warrant such

revisions. In this action, EPA is approving the Tennessee request

because it meets the maintenance plan and redesignation requirements

set forth in the Act. The approved maintenance plan will become a

federally enforceable part of the State Implementation Plan (SIP) for

the Memphis/Shelby County nonattainment 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 CO

nonattainment area. EPA's redesignation of the Memphis/Shelby County

area to attainment abrogates those requirements for this area.

Therefore, the sanctions and federal implementation plan clocks begun

by those findings are stopped at the time of the redesignation.

EFFECTIVE DATE: This action will be effective September 26, 1994,

unless critical or adverse comments are received by August 25, 1994. If

the effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be sent to Ben Franco, EPA Region

IV, Air Programs Branch, 345 Courtland Street NE, Atlanta, Georgia,

30365. Copies of the redesignation request and the State of Tennessee's

submittal are available for public review during normal business hours

at the addresses listed below. 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 IV, Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia, 30365.

Memphis and Shelby County Health Department, 814 Jefferson Avenue,

Memphis, Tennessee 38105.

FOR FURTHER INFORMATION CONTACT: Ben Franco of the EPA Region IV Air

Programs Branch at (404) 347-2864 and at the above address.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, as amended in 1977 (1977 Act) required areas

that were designated nonattainment based on a failure to meet the CO

national ambient air quality standard (NAAQS) to develop SIPs with

sufficient control measures to expeditiously attain and maintain the

standard. Memphis/ Shelby County was designated under section 107 of

the 1977 Act as nonattainment with respect to the CO NAAQS on March 3,

1978. (40 CFR 81.343) In accordance with section 110 of the 1977 Act,

the State submitted a Part D CO SIP on February 13 and April 12 and 27,

1979, which EPA conditionally approved on February 6, 1980. On March 20

and December 17, 1980, Tennessee submitted revisions addressing the

conditions stated in the February 6, 1980, notice. EPA, on September 2,

1981, gave final approval and published Tennessee as meeting the

requirements of section 110 and Part D of the 1977 Act.

On November 15, 1990, the CAA Amendments of 1990 were enacted (1990

Amendments). (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q) The nonattainment designation of Memphis/Shelby County was

continued by operation of law pursuant to section 107(d)(1)(C)(i) of

the 1990 Amendments. Furthermore, it was classified by operation of law

as moderate for CO according to section 186(a)(1). (See 56 FR 56694

(Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR part

81 Sec. 81.343.)

Memphis/Shelby County has ambient monitoring data showing

attainment of the CO NAAQS, during the period from 1990 through 1991.

Therefore, in an effort to comply with the CAA and to ensure continued

attainment of the NAAQS, on October 30, 1992, the State of Tennessee

submitted a CO redesignation request for the Memphis and Shelby County

area. The request for redesignation submittal was approved by the

Tennessee Air Pollution Control Board on March 9, 1994. On May 14,

1993, Tennessee submitted evidence that a public hearing was held on

the requests to redesignate Memphis/Shelby County from nonattainment of

the NAAQS for CO to attainment for the CO NAAQS.

Additionally, there were no violations during the 1992 and 1993 CO

season.

II. Evaluation Criteria

The 1990 Amendments revised section 107(d)(1)(E) to provide five

specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must meet all applicable requirements under section 110 and

Part D of the CAA;

3. The area must have a fully approved SIP under section 110(k) of CAA;

4. The air quality improvement must be permanent and enforceable; and,

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA.

III. Review of State Submittal

On May 19, 1993, Region IV determined that the information received

from the MSCHD constituted a complete redesignation request under the

general completeness criteria of 40 CFR part 51, appendix V, sections

2.1 and 2.2. However, for purposes of determining what requirements are

applicable for redesignation purposes, EPA believes it is necessary to

identify when the MSCHD first submitted a redesignation request that

meets the completeness criteria. EPA noted in a previous policy

memorandum that parallel processing requests for submittals under the

CAA, including redesignation submittals, would not be determined

complete. See the memorandum entitled ``State Implementation Plan (SIP)

Actions Submitted in Response to Clean Air Act (Act) Deadlines'' from

John Calcagni to Air Programs Division Directors, Regions I-X, dated

October 28, 1992 (Memorandum). The rationale for this conclusion was

that the parallel processing exception to the completeness criteria (40

CFR part 51, appendix V, section 2.3) was not intended to extend

statutory due dates for mandatory submittals. (See Memorandum at 3-4).

However, since requests for redesignation are not mandatory submittals

under the CAA, EPA believed it appropriate to change its policy with

respect to redesignation submittals to conform to the existing

completeness criteria. (See 58 FR 38108 (July 15, 1993.)) Therefore,

EPA believes, the parallel processing exception to the completeness

criteria may be applied to redesignation request submittals, at least

until such time as the EPA decides to revise that exception. MSCHD

submitted a redesignation request on October 30, 1992. In the October

30 submittal, MSCHD submitted the maintenance plan, thereby including

the final element to make the October 30, 1992, request for parallel

processing complete under the parallel processing exception to the

completeness criteria. When the maintenance plan became state effective

on October 13, 1993, the State of Tennessee no longer needed parallel

processing for the redesignation request and maintenance plan.

The Tennessee redesignation request for the Memphis/Shelby County

area meets the five requirements of section 107(d)(3)(E), noted above.

The following is a brief description of how the State 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. Attainment of the CO NAAQS

The Tennessee request is based on an analysis of quality assured CO

air quality data which is relevant to the maintenance plan and to the

redesignation request. The ambient air CO monitoring data for calendar

year 1990 through calendar year 1991 shows no violations of the CO

NAAQS in the Memphis/Shelby County area. The most recent ambient CO

data for the calendar year 1992 and 1993 continued to show no

violations in the Memphis/Shelby County area. Because the Memphis/

Shelby County area has complete quality-assured data showing no more

than one exceedance of the standard per year over two consecutive

years, the Memphis/Shelby County area has met the first statutory

criterion of attainment of the CO NAAQS (40 CFR 50.9 and appendix C).

Tennessee has committed to continue monitoring in this area in

accordance with 40 CFR part 58.

2. Meeting Applicable Requirements of Section 110 and Part D

On September 2, 1981, EPA fully approved Tennessee's SIP for the

Memphis/Shelby County area as meeting the requirements of section

110(a)(2) and Part D of the 1977 CAA (46 FR 26640). The 1990 CAA

Amendments, however, modified section 110(a)(2) and, under Part D,

revised section 172 and added new requirements for all nonattainment

areas. Therefore, for purposes of redesignation, to meet the

requirement that the SIP contain all applicable requirements under the

CAA, EPA has reviewed the SIP to ensure that it contains all measures

that were due under the 1990 Amendments prior to or at the time the

State submitted its redesignation request.

A. Section 110 Requirements

Although section 110 was amended by the 1990 Amendments, the

Memphis/Shelby County SIP meets the requirements of amended section

110(a)(2). A number of the requirements did not change in substance

and, therefore, EPA believes that the pre-amendment SIP met these

requirements.

As to those requirements that were amended, (see 57 FR 27936 and

23939, June 23, 1993), many are duplicative of other requirements of

the CAA. EPA has analyzed the SIP and determined that it is consistent

with the requirements of amended section 110(a)(2).

B. Part D Requirements

Before Memphis/Shelby County may be redesignated to attainment, it

also must have fulfilled the applicable requirements of Part D. Under

Part D, an area's classification indicates the requirements to which it

will be subject. Subpart 1 of Part D sets forth the basic nonattainment

requirements applicable to all nonattainment areas, classified as well

as nonclassifiable. Subpart 3 of Part D establishes additional

requirements for nonattainment areas classified under section 186(a).

The Memphis/Shelby County area was classified as moderate (See 40 CFR

81.343). Therefore, in order to be redesignated to attainment, the

State must meet the applicable requirements of Subpart 1 of Part D,

specifically sections 172(c) and 176, and the requirements of Subpart 3

of Part D, which became due on or before October 30, 1992, the date the

State submitted a complete redesignation request. EPA interprets

section 107(d)(3)(v) to mean that, for a redesignation request to be

approved, the State must have met all requirements that become

applicable to the subject area prior to or at time of the submission of

the redesignation request. Requirements of the CAA that come due

subsequent to the submission of the redesignation request continue to

be applicable to the area (See section 175A(c)) and if the

redesignation is disapproved, the State remains obligated to fulfill

those requirements.

B1. Subpart 1 of Part D--Section 172(c) sets forth general

requirements applicable to all nonattainment areas. Under section

172(b), the section 172(c) requirements are applicable as determined by

the Administrator but no later than three years after an area is

designated as nonattainment. EPA had not determined that these

requirements were applicable to classified CO nonattainment areas on or

before October 30, 1992, the date that the State of Tennessee submitted

a complete redesignation request for the Memphis/Shelby County area.

Therefore, the State of Tennessee was not required to meet these

requirements for purposes of redesignation.

Upon redesignation of this area to attainment, the Prevention of

Significant Deterioration (PSD) provisions contained in part C of title

I are applicable. On June 24, 1982, the EPA approved the State of

Tennessee's PSD program (47 FR 27269).

B2. Subpart 1 of Part D--Section 176(c) of the CAA requires States

to revise their SOPs to establish criteria and procedures to ensure

that Federal actions, before they are taken, conform to the air quality

planning goals in the applicable SIP. The requirement to determine

conformity applies to transportation plans, programs and projects

developed, funded or approved under Title 23 U.S.C. or the Federal

Transit Act (``transportation conformity''). Section 176 further

provides that the conformity revisions to be submitted by but must be

consistent with Federal conformity regulations that the CAA required

EPA to promulgate. Congress provided for the State revisions to be

submitted one year after the date for promulgation of final EPA

conformity regulations. When that date passed without such

promulgation, EPA's General Preamble for the Implementation of Title I

informed States that its conformity regulations would establish a

submittal date (see 57 FR 13498, 13557 (April 16, 1992)).

EPA promulgated final conformity regulations on November 24, 1993

(58 FR 62188)) and November 30, 1993 (58 FR 63214). These conformity

rules require that States adopt both transportation and general

conformity provisions in the SIP for areas designated nonattainment or

subject to a maintenance plan approved under CAA section 175A. Pursuant

to Sec. 51.396 of the transportation conformity rule and Sec. 51.851 of

the general conformity rule, the State of Tennessee is required to

submit a SIP revision containing general conformity criteria and

procedures consistent with those established in the Federal rule by

November 25, 1994. Similarly, Tennessee is required to submit a SIP

revision containing general conformity criteria and procedures

consistent with those established in the Federal rule by December 1,

1994. Because the deadline for these submittals have not yet come due,

107(d)(3)(E)(v) and, thus, do not affect approval of this redesignation

request.

B3. Subpart 3 of Part D--Under section 187(a) areas that retained a

designation of nonattainment for CO under the amended CAA and that are

classified as moderate were required to meet several requirements by

November 15, 1992. These requirements included an Emission Inventory,

which Tennessee submitted as part of the maintenance plan. EPA has

reviewed their emission inventory and has determined it acceptable.

Section 211(m) further required that Tennessee submit an oxygenated

fuels regulation for the Memphis area. Tennessee failed to submit this

measure for the Memphis area. On January 15, 1993, EPA made a finding

of failure to submit the oxygenated fuels regulation by letter from

Patrick M. Tobin, Acting Regional Administrator, to Ned McWherter,

Governor of Tennessee. However, this requirement is not applicable for

purposes of considering the State's redesignation request. For purposes

of redesignation, EPA must consider whether the State has met all

requirements that were applicable prior to the time the state submitted

the redesignation request. In case the redesignation is not approved by

EPA, the State will be required to implement a program. Since Tennessee

submitted the redesignation request for Memphis/Shelby County on

October 30, 1992, this measure is not relevant for purposes of

redesignation. Therefore, all Subpart 3 requirements that were

applicable at the time the State submitted its redesignation request

have been met.

3. 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 1990 Amendments, EPA

has determined that the Memphis/Shelby County area has a fully approved

SIP under section 110(k), which also meets the applicable requirements

of section 110 and Part D as discussed above.

4.Improvement in Air Quality Due to Permanent and Enforceable Measures

Under the pre-amended CAA, EPA approved the Tennessee SIP control

strategy for the Memphis/Shelby County nonattainment area, satisfied

that the rules and the emission reductions achieved as a result of

those rules were enforceable. The control measures to which the

emission reductions are attributed are Federal Motor Vehicle Control

Program (FMVCP), the Inspection and Maintenance Program (I/M), and

transportation control measures (TCMs). The FMVCP reduced CO emissions

from motor vehicles by approximately 127.67 tons per day from mobile

sources since 1985 as a result of the above programs and measures.

In association with its emission inventory discussed below, the

State of Tennessee has demonstrated that actual enforceable emission

reductions are responsible for the air quality improvement and that the

CO emissions in the base year are not artificially low due to local

economic downturn. EPA finds that the combination of existing EPA-

approved SIP and federal measures contribute to the permanence and

enforceability of reduction in ambient CO levels that have allowed the

area to attain the NAAQS.

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 notice, EPA is approving the State of Tennessee's maintenance plan

for the Memphis/Shelby County area because EPA finds that Tennessee's

submittal meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

On November 16, 1992, the State of Tennessee submitted a

comprehensive inventory of CO emissions from the Memphis/Shelby County

area. The inventories include area, stationary, and mobile sources

using 1990 as the base year for calculations to demonstrate

maintenance. The 1990 inventory is considered representative of

attainment conditions because the NAAQS was not violated during 1990.

The State submittal contains the detailed inventory data and

summaries by county and source category. The comprehensive base year

emissions inventory was submitted in the NEDS format. Finally, this

inventory was prepared in accordance with EPA guidance. It also

contains summary tables of the base year and projected maintenance year

inventories. EPA's TSD contains more in-depth details regarding the

base year inventory for the Memphis/Shelby County area.

CO Emissions Inventory Summary

[Tons per day]

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Year Area Non-Road Mobile Point Total

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1990........................................... 48.44 83.31 455.05 22.78 609.58

1993........................................... 49.32 84.82 420.09 23.70 577.93

1996........................................... 50.21 86.35 418.50 24.62 579.68

1999........................................... 51.12 87.92 420.29 25.51 584.84

2002........................................... 52.05 89.51 419.53 26.33 587.42

2004........................................... 52.68 90.59 417.61 26.95 587.83

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B. Demonstration of Maintenance--Projected Inventories

Total CO emissions were projected from 1990 base year out to 2004.

These projected inventories were prepared in accordance with EPA

guidance. The projections show that CO 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 CO NAAQS in the Memphis/Shelby County

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 submitting periodic inventories of CO

emissions every three years. Memphis/Shelby County's contingency plan

will be triggered by two indicators, a violation of the CO NAAQS or

should the triennial emission inventory for CO exceed the 1990 CO

emission levels.

D. Contingency Plan

The level of CO emissions in the Memphis/Shelby County area will

largely determine its ability to stay in compliance with the CO 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 CO air quality problem. In the case of a

violation of the CO NAAQS or should the triennial emission inventory

for carbon monoxide (winter season-tons per day) exceed the 1990 carbon

monoxide emission inventory, the plan contains a contingency to

implement additional control measures such as the county wide expansion

of the I/M program and the implementation of a three point inspection

of the automobile at the vent, gas cap, and the catalytic converter.

The implementation of this inspection improvement will begin within one

year of the above mentioned triggers. 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 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.

Final Action

EPA is approving the Memphis/Shelby County CO maintenance plan

because it meets the requirements of section 175A. In addition, the

Agency is approving the request and redesignating the Memphis/Shelby

County CO area to attainment, because the State 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 EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective September 26, 1994 unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective September 26, 1994.

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 CO SIP is designed to satisfy the requirements of Part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

final redesignation should not be interpreted as authorizing the State

to delete, alter, or rescind any of the CO emission limitations and

restrictions contained in the approved CO SIP. Changes to CO 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 both a finding of

non-implementation (section 179(a) of the CAA) and in a SIP deficiency

call made pursuant to sections 110(a)(2)(H) and 110(k)(2) 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.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP

approval does not impose any new requirements, it does not have any

economic impact on any small entities. 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. Accordingly, I certify that the

approval of the redesignation request will not have an impact on any

small entities.

List of Subjects

40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, and Ozone.

40 CFR Part 81

Air pollution control, National parks, and Wilderness areas.

Dated: June 28, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

Parts 52 and 81 of chapter I, title 40, Code of Federal

Regulations, are amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7642.

Subpart RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(121) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(121) The redesignation and maintenance plan for Memphis/Shelby

County submitted by the Memphis/Shelby County Health Department on

October 30, 1992, as part of the Tennessee SIP. On October 15, 1993,

and May 6, 1994, Tennessee Department of Environment and Conservation

submitted a supplement to the above maintenance plan.

(i) Incorporation by reference.

(A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan

effective on October 13, 1993.

(B) Emissions Inventory Projections for Memphis/Shelby County

effective on October 13, 1993.

(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 attainment status table for ``Tennessee-

Carbon Monoxide'' is amended by removing the entire first entry in the

table, ``Memphis Area / Shelby County''; by revising the subheading

``Rest of State'' in the first column to read ``Statewide''; and by

adding in alphabetical order a new entry for Shelby County to read as

follows:

Tennessee--Carbon Monoxide

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Designation Classification

Designated area -----------------------------------------------------------------------------------

Date (1) Type Date (1) Type

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

Statewide................... ........................... Unclassifiable/Attainment..

* * * * * * *

Shelby County........... [Insert date sixty days

after publication].

* * * * * * *

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(1) This date is November 15, 1990, unless otherwise noted.

[FR Doc. 94-18070 Filed 7-25-94; 8:45 am]

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