Approval and Promulgation of Implementation Plans Regarding Emergency Episodes, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-120-1-6528a; FRL-5069-9]

Approval and Promulgation of Implementation Plans Regarding

Emergency Episodes, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Tennessee. This revision revises Tennessee's

air pollution emergency episode plan requirements. The intended effect

of this action is to incorporate by reference into the federally-

enforceable SIP revised State regulations which meet current Federal

requirements.

DATES: This final rule will be effective November 14, 1994 unless

adverse or critical comments are received by October 17, 1994. If the

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

Federal Register.

ADDRESSES: Written comments should be addressed to: Ms. Karen Borel, at

the Regional Office Address listed.

Copies of the material submitted by the State of Tennessee may be

examined during normal business hours at the following locations:

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.

Tennessee Division of Air Pollution Control, 701 Broadway, Customs

House, 4th Floor, Nashville, Tennessee 37247-1531.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Borel, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region IV Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is

404/347-3555, ext 4197. Reference file TN-120-1-6528.

SUPPLEMENTARY INFORMATION:

On September 1, 1993, the State of Tennessee submitted a formal

revision to its SIP incorporating changes in the State's emergency

episode plan. The SIP revision consists of amendments to chapter 1200-

3-15 of Tennessee's Air Pollution Control Regulations governing air

pollution episode emergency plans. The amended revisions are summarized

as follows:

1. Subparagraph (b) under paragraph (3) in section 1200-3-15.02

Episode Criteria has been revised. This subparagraph has been amended

to revise the level of PM-10 that indicates an air pollution alert from

375 ug/m3 to 350 ug/m3. The reference to utilization of 3.0

COH's (Coefficient of Haze) has been deleted.

2. Subparagraph (c) under paragraph (3) in section 1200-3-15-.02

Episode Criteria has been revised. SO2 and the particulate

combined-product of SO2 ppm and COH's are no longer used as air

pollution alert indications. This subparagraph has now been reserved

for future use.

3. Paragraph (3) of section 1200-3-15-.02 Episode Criteria has been

amended. In subparagraph (e), and in the description of meteorological

condition pollutants given below subparagraph (f), ``oxidant'' has been

changed to ``ozone.''

4. Subparagraph (b) under paragraph (4) in section 1200-3-15.02

Episode Criteria has been amended. ``Particulate'' has been amended to

``PM10,'' the allowable level of PM10 has been revised from

625 ug/m3 to 420 ug/m3, and the use of COH levels as a

pollution warning has been deleted.

5. Subparagraph (c) under paragraph (4) in section 1200-3-15.02

Episode Criteria has been amended. SO2 and the particulate

combined-product of SO2 ppm and COH's are no longer used as air

pollution alert indications. This subparagraph has now been reserved

for future use.

6. Paragraph (4) of section 1200-3-15-.02 Episode Criteria has been

amended. In subparagraph (e), and in the description of meteorological

condition pollutants given below subparagraph (f), ``oxidant'' has been

changed to ``ozone.''

7. Paragraph (5) of section 1200-3-15-.02 has been revised. The

phrase ``that should never be reached'' has been changed to ``which

could cause an unreasonable risk to public health.''

8. Subparagraph (b) of paragraph (5) in section 1200-3-15-.02 has

been revised. ``Particulate'' has been amended to ``PM10,'' the

allowable level of PM10 has been revised from 875 ug/m3 to

500 ug/m3, and the use of COH levels as a pollution warning has

been deleted.

9. SO2 and the particulate combined-product of SO2 ppm

and COH's are no longer used as air pollution alert indications. This

subparagraph has now been reserved for future use.

10. Paragraph (5) of section 1200-3-15-.02 Episode Criteria has

been amended. In subparagraph (e), and in the description of

meteorological condition pollutants given below subparagraph (f),

``oxidant'' has been changed to ``ozone.''

These changes are consistent with requirements prescribed in 40 CFR

part 51, appendix L. The revised requirements still conform with the

triggering levels and lengths of air stagnation episodes prescribed in

40 CFR part 51, appendix L. In addition, the revised threshold levels

for PM10 also conform with those prescribed in 40 CFR part 51,

appendix L. Similarly, the removal of the COH threshold levels is also

consistent with EPA's view that COH measurements do not reflect the

best means of measuring combined SO2 and PM10 levels.

Currently, there is no requirement in either 40 CFR part 51, subpart H,

or 40 CFR part 51, appendix L, which requires states to have COH

threshold levels in their respective air pollution emergency episode

plans.

Final Action

EPA is approving the aforementioned revisions contained in the

State's September 1, 1993, submittal. 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 November 14,

1994 unless, by October 17, 1994, 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 November 14, 1994.

Under section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. 7607

(b)(1), petitions for judicial review of this action must be filed in

the United States Court of Appeals for the appropriate circuit by

November 14, 1994. Filing a petition for reconsideration by the

Administrator of this final rule does not affect the finality of this

rule for 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) of the Act, 42 U.S.C. 7607 (b)(2).)

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the

requirement of section 3 of Executive Order 12291 for two years. The

EPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a 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.

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, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: August 24, 1994.

Joseph R. Franzmathes,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42.U.S.C. 7401-7671q.

Subpart RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(120) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(120) Revisions to the Tennessee Division of Air Pollution Control

emergency episode plan, submitted on September 1, 1993. These revisions

incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP

into the existing regulations which are required in 40 CFR 52.1270.

(i) Incorporation by reference.

(A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-15-

.02, paragraphs (3), (4), and (5), effective June 26, 1993.

* * * * *

[FR Doc. 94-22784 Filed 9-14-94; 8:45 am]

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