Designation of Areas for Air Quality Planning Purposes; State of Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TN123-1-6349-FRL-5062-5]

Designation of Areas for Air Quality Planning Purposes; State of

Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The purpose of this document is to accelerate the effective

date for the redesignation of Memphis/Shelby County, Tennessee, from

nonattainment to attainment for the carbon monoxide (CO) air quality

standard. EPA previously published a direct final action redesignating

the Memphis/Shelby County CO nonattainment area effective September 26,

1994. Since no comments were received during the public comment period

on that notice and sanctions would otherwise be imposed for a brief

period, this notice makes the redesignation effective immediately. This

action stops the sanction clock and thus prevents sanctions from being

imposed on the Memphis/Shelby County area.

EFFECTIVE DATE: This action will be effective on August 31, 1994.

ADDRESSES: Environmental Protection Agency, Region IV, Air Programs

Branch, 345 Courtland Street NE, Atlanta, Georgia, 30365.

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

Programs Branch at (404) 347-3555 ext 4211, and at the above address.

SUPPLEMENTARY INFORMATION: On July 26, 1994, EPA published a direct

final notice (see 59 FR 37939) redesignating the Memphis/Shelby County

area from nonattainment to attainment for CO. That notice stated the

effective date of the redesignation would be September 26, 1994, if no

adverse comments were received. No adverse comments have been received.

Subsequently, on August 4, 1994, EPA published a rule (see 59 FR 39832)

identifying areas with findings in place that would be subject to

sanctions under the Clean Air Act (the Act) as amended in 1990. This

action becomes effective on September 6, 1994. The Memphis/Shelby

County, Tennessee, CO nonattainment area was identified as one of the

areas which would be subject to sanctions under section 179(A) of the

Act beginning on September 6, 1994.

The 18-month clock leading to the imposition of these sanctions was

started by a letter dated January 15, 1993, in which EPA found that the

State of Tennessee had failed to submit a state implementation plan

(SIP) for an oxygenated fuels program and corrections to a basic

inspections/maintenance program by November 15, 1992. These sanctions

would be lifted once the redesignation becomes effective.

Under the timetable established by the August 4, 1994, sanction

rule and the July 26, 1994, redesignation notice, sanctions would be in

place from September 6, 1994, to September 26, 1994, the effective date

established in the July 26, 1994, redesignation notice. In order to

prevent the imposition of sanctions for a three week period on an area

whose redesignation to attainment has been approved, EPA is hereby

accelerating the effective date of the redesignation and making it

effective immediately upon publication of this notice. This will

alleviate a restriction for which there is no useful purpose in this

instance.

Final Action

The EPA published this action on July 26, 1994, (see 59 FR 37939)

without prior proposal because the Agency viewed this as a

noncontroversial amendment and anticipated no adverse comments. Since

no comments were received the final rule published on July 26, 1994 (59

FR 37939) amending 40 CFR 52.2220 and Sec. 81.343 is effective August

31, 1994, under the authority of the Clean Air Act (42 U.S.C. 7401-

7671q).

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a 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.

List of Subjects

40 CFR Part 52

Air pollution control, Carbon monoxide, Incorporation by reference,

Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: August 22, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 94-21411 Filed 8-30-94; 8:45 am]

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