Determination of Attainment of Ozone Standard by Nashville, Tennessee, and Determination Regarding Applicability of Certain Reasonable Further Progress and Attainment Demonstration Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5274-4]

Determination of Attainment of Ozone Standard by Nashville,

Tennessee, and Determination Regarding Applicability of Certain

Reasonable Further Progress and Attainment Demonstration Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On June 22, 1995, the EPA published a proposed rule (60 FR

32477) and a direct final rule (60 FR 32466) determining that the

Ashland, Kentucky, Northern Kentucky (Cincinnati Area), Charlotte,

North Carolina, and Nashville, Tennessee, ozone nonattainment areas

were attaining the National Ambient Air Quality Standard (NAAQS) for

ozone. Based on this determination, the EPA also determined that

certain reasonable further progress and attainment demonstration

requirements, along with certain other related requirements, of part D

of Title 1 of the Clean Air Act (Act) are not applicable to the areas

so long as the areas continue to attain the ozone NAAQS. The 30-day

comment period concluded on July 24, 1995. During this comment period,

the EPA received one comment letter in response to the June 22, 1995,

rulemaking. That comment addressed only the Northern Kentucky

(Cincinnati) area. Response to that comment and final action on the

Northern Kentucky area will be addressed in a subsequent notice if

warranted. Additionally, since publication of the original

determination on June 22, 1995, the Ashland, Kentucky, and Charlotte,

North Carolina, areas were redesignated to attainment on June 29, 1995

(60 FR 33748), and July 5, 1995 (60 FR 34859), respectively, making

this finding for those areas no longer necessary. This rule finalizes

the EPA's determination that the Nashville, Tennessee, area has

attained the ozone standard and that certain reasonable further

progress and attainment demonstration requirements as well as other

related requirements of part D of the Act are not applicable to this

area as long as the area continues to attain the ozone NAAQS.

EFFECTIVE DATE: This action will be effective August 8, 1995.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following location: U.S. Environmental Protection Agency, Region 4, Air

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

FOR FURTHER INFORMATION CONTACT: Kay Prince, Regulatory Planning &

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

Management Division, U.S. Environmental Protection Agency, Region 4,

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

(404) 347-3555, extension 4221.

SUPPLEMENTARY INFORMATION:

I. Background Information

On June 22, 1995, the EPA published a direct final rulemaking (60

FR 32466) determining that the Ashland, Kentucky, Charlotte, North

Carolina, and Nashville, Tennessee, moderate ozone nonattainment areas

have attained the NAAQS for ozone. In that rulemaking, the EPA also

determined that the requirements of section 182(b)(1) concerning the

submission of a 15 percent reasonable further progress plan and ozone

attainment demonstration and the requirements of section 172(c)(9)

concerning contingency measures are not applicable to these areas so

long as the areas do not violate the ozone standard. In addition, the

EPA determined that the sanctions clocks started on January 28, 1994,

for the Ashland, Kentucky, and Charlotte, North Carolina, areas for

failure to submit the section 182(b)(1) 15 percent plan and attainment

demonstration, and on April 1, 1994, for the Nashville, Tennessee, area

for submittal of an incomplete 15 percent plan would be stopped since

the deficiencies on which they are based no longer exist. The clocks

started on January 28, 1994, for the Ashland, Kentucky, and Charlotte,

North Carolina areas were subsequently stopped by the aforementioned

redesignation actions.

At the same time that the EPA published the direct final rule, a

separate notice of proposed rulemaking was published in the Federal

Register (60 FR 32477). This proposed rulemaking specified that EPA

would withdraw the direct final rule if adverse or critical comments

were filed on the rulemaking. The EPA received one letter containing

adverse comments regarding the direct final rule for Northern Kentucky

within 30 days of publication of the proposed rule and withdrew the

direct final rule on [insert date of withdrawal notice]. Any further

action deemed necessary for the Northern Kentucky area will be taken in

a separate notice.

The specific rationale and air quality analysis the EPA used to

determine that the Nashville, Tennessee, moderate ozone nonattainment

area has attained the ozone NAAQS and is not required to submit SIP

revisions for reasonable further progress, attainment demonstration and

related requirements are explained in the direct final rule and will

not be restated here.

II. Final Rulemaking Action

The EPA is making a final determination that the Nashville,

Tennessee, moderate ozone nonattainment area has attained the ozone

standard and continues to attain the standard at this time. No comments

were received regarding the proposal as it concerned Nashville. As a

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consequence of this determination, the requirements of section

182(b)(1) concerning the submission of the 15 percent reasonable

further progress plan and ozone attainment demonstration and the

requirements of section 172(c)(9) concerning contingency measures are

not applicable to the area so long as the area does not violate the

ozone standard.

The EPA emphasizes that this determination is contingent upon the

continued monitoring and continued attainment and maintenance of the

ozone NAAQS in the affected area. When and if a violation of the ozone

NAAQS is monitored in the Nashville, Tennessee, nonattainment area

(consistent with the requirements contained in 40 CFR Part 58 and

recorded in AIRS), the EPA will provide notice to the public in the

Federal Register. Such a violation would mean that the area would

thereafter have to address the requirements of section 182(b)(1) and

section 172(c)(9) since the basis for the determination that they do

not apply would no longer exist.

As a consequence of the determination that the Nashville area has

attained the NAAQS and that the reasonable further progress and

attainment demonstration requirements of section 182(b)(1) and

contingency measure requirement of section 172(c)(9) do not presently

apply, these are no longer requirements within the meaning of 40 CFR

52.31(c)(1). Consequently, the sanctions clock started by EPA on April

1, 1994, for submittal of an incomplete 15 percent plan, is hereby

stopped.

The EPA finds that there is good cause for this action to become

effective immediately upon publication because a delayed effective date

is unnecessary due to the nature of this action, which is a

determination that certain Act requirements do not apply for so long as

the areas continue to attain the standard. The immediate effective date

for this action is authorized under both 5 U.S.C. Section 553(d)(1),

which provides that rulemaking actions may become effective less than

30 days after publication if the rule ``grants or recognizes an

exemption or relieves a restriction'' and Section 553(d)(3), which

allows an effective date less than 30 days after publication ``as

otherwise provided by the agency for good cause found and published

with the rule.''

Under section 307(b)(1) of the Act, petitions for judicial review

of this final action determining that the Nashville, Tennessee, ozone

nonattainment area has attained the NAAQS for ozone and that certain

reasonable further progress and attainment demonstration requirements

of sections 182(b)(1) and 172(c)(9) no longer apply must be filed in

the United States Court of Appeals for the appropriate circuit by

October 10, 1995. 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)).

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 economic 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. Today's determination does not create any new

requirements, but suspends the indicated requirements. Therefore,

because this notice does not impose any new requirements, I certify

that it does not have a significant impact on small entities affected.

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rulemaking that includes a Federal mandate that may result in

estimated costs to State, local, or tribal governments in the

aggregate; or to the private sector, of $100 million or more. Section

203 requires the EPA to establish a plan for informing and advising any

small governments that may be significantly or uniquely impacted by the

rule. Under section 205, the EPA must select the most cost-effective

and least burdensome alternative that achieves the objectives of the

rule and is consistent with statutory requirements.

The EPA has determined that today's final 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 imposes no new Federal

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds.

Dated: July 31, 1995.

R.F. McGhee,

Acting Regional Administrator.

Part 52, chapter 1, 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 52.2235 is added to read as follows:

Sec. 52.2235 Control strategy: Ozone.

(a) Determination--EPA is determining that, as of August 8, 1995,

the Nashville ozone nonattainment area has attained the ozone standard

and that the reasonable further progress and attainment demonstration

requirements of section 182(b)(1) and related requirements of section

172(c)(9) of the Clean Air Act do not apply to the area for so long as

the area does not monitor any violations of the ozone standard. If a

violation of the ozone NAAQS is monitored in the Nashville ozone

nonattainment area, these determinations shall no longer apply.

(b) [Reserved]

[FR Doc. 95-19503 Filed 8-7-95; 8:45 am]

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