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

[TN 152-1-9703; FRL-5639-2]

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 November 14, 1994, the State of Tennessee, through the

Tennessee Department of Environment and Conservation (TDEC), submitted

a maintenance plan and a request to redesignate the Middle Tennessee

(Nashville) area from moderate nonattainment to attainment for ozone

(O3). Subsequently on August 9, 1995, and January 19, 1996, the

State submitted supplementary information which included revised

contingency measures and emission projections. The Nashville O3

nonattainment area consists of Davidson, Rutherford, Sumner,

Williamson, and Wilson Counties. Under the Clean Air Act (CAA),

designations can be changed if sufficient data are available to warrant

such changes. On June 24, 1996, EPA published a document proposing

approval of the maintenance plan and redesignation request. EPA

received a number of comments regarding the proposed rule. Those

comments and the response thereto are summarized in the supplementary

information that follows. In this action, EPA is approving the State of

Tennessee's submittal because it meets the maintenance plan and

[[Page 55904]]

redesignation requirements. The approved maintenance plan will become a

federally enforceable part of Tennessee's State Implementation Plan

(SIP) for the Nashville area. EPA is also approving the State of

Tennessee's 1990 baseline emissions inventory and 1994 base year

emissions inventory because both meet EPA's requirements regarding the

approval of baseline emission inventories.

EFFECTIVE DATE: This final rule is effective October 30, 1996.

ADDRESSES: Copies of the documents relative to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

Environmental Protection Agency, Region 4 Air Planning Branch, 100

Alabama Street SW, Atlanta, Georgia 30303.

Tennessee Department of Environment and Conservation, 9th Floor, L & C

Annex, 401 Church Street, Nashville, Tennessee 37243-1531.

Bureau of Environmental Health Services, Metropolitan Health

Department, 311--23rd Avenue, North, Nashville, Tennessee 37203.

FOR FURTHER INFORMATION CONTACT: Steven M. Scofield, Regulatory

Planning Section, Air Planning Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 100

Alabama Street SW, Atlanta, Georgia 30303. The telephone number is 404/

562-9034. Reference file TN-152-1-9703.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted. (Pub. L. 101-549, 104 Stat. 2399,

codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1)(C), EPA

designated the Nashville area as nonattainment by operation of law with

respect to O3 because the area was designated nonattainment

immediately before November 15, 1990. The area was classified as

moderate.

The moderate nonattainment area more recently has ambient

monitoring data that show no violations of the O3 National Ambient

Air Quality Standard (NAAQS), during the period from 1992 through 1995.

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

attainment of the NAAQS, on November 14, 1994, the State of Tennessee

submitted an O3 maintenance plan and requested redesignation of

the area to attainment with respect to the O3 NAAQS. On March 13,

1995, Region 4 determined that the information received from the State

constituted a complete redesignation request under the general

completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and

2.2. Subsequently, on August 9, 1995, and January 19, 1996, the State

submitted supplementary information which included revised contingency

measures and emission projections.

The Tennessee redesignation request for the Nashville moderate

O3 nonattainment area meets the five requirements of section

107(d)(3)(E) for redesignation to attainment. The following is a brief

description of how the State of Tennessee 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. The Area Must Have Attained the O3 NAAQS

The State of Tennessee's request is based on an analysis of quality

assured ambient air quality monitoring data, which is relevant to the

maintenance plan and to the redesignation request. Most recent ambient

air quality monitoring data from calendar year 1992 to date in 1996

demonstrates attainment of the standard. The State of Tennessee has

committed to continue monitoring the moderate nonattainment area in

accordance with 40 CFR part 58. Therefore, the State has met this

requirement. For detailed information refer to the proposal document

published June 24, 1996 (61 FR 32386).

2. The Area Has Met All Applicable Requirements Under Section 110 and

Part D of the CAA

EPA has reviewed the Tennessee SIP and ensures that it contains all

measures due under the amended CAA prior to or at the time the State of

Tennessee submitted its redesignation request. For detailed information

regarding applicable requirements, refer to the proposal document.

EPA has determined that the section 172(c)(2) reasonable further

progress (RFP) requirement (with parallel requirements for a moderate

ozone nonattainment area under subpart 2 of part D, due November 15,

1993) was not applicable as the State of Tennessee submitted this

redesignation request on November 14, 1994, which demonstrated that the

Nashville area was monitoring attainment of the O3 standard. EPA

determined on June 22, 1995, effective August 7, 1995, that the

Nashville area had attained the O3 standard and that RFP and 15

percent plan requirements do not apply to the area for so long as the

area does not monitor any violations of the O3 standard.

A. Section 182(a)(1)--Emissions Inventory

Tennessee has met this requirement. This document gives final

approval of the 1990 baseline emissions inventory. For detailed

information regarding this requirement, refer to the proposal document.

B. Section 182(a)(2), 182(b)(2)--Reasonably Available Control

Technology (RACT)

As stated in the proposal document, Tennessee had met all RACT

requirements except for those in section 182(b)(2), RACT Catch-ups.

Tennessee submitted SIP revisions to correct deficiencies in the VOC

regulations to EPA on February 21, 1995, February 8, 1996, February 23,

1996, April 22, 1996, and April 25, 1996. The approval of these SIP

revisions was published in the Federal Register on July 18, 1996 (61 FR

37387), and was effective September 16, 1996. For detailed information

regarding this requirement, refer to the proposal document.

C. Section 182(a)(3)--Emissions Statements

Revisions to Tennessee's emissions statements were included in the

submittals addressing the RACT Catch-ups. The approval of these SIP

revisions was published in the Federal Register on July 18, 1996 (61 FR

37387), and was effective September 16, 1996. For detailed information

regarding this requirement, refer to the proposal document.

D. Section 182(b)(1)--15% Progress Plans

The State of Tennessee submitted this redesignation request on

November 14, 1994, which demonstrated that the Nashville area was

monitoring attainment of the O3 standard. EPA determined on June

22, 1995, effective August 7, 1995, that the Nashville area had

attained the O3 standard and that RFP and 15 percent plan

requirements do not apply to the area for so long as the area does not

monitor any violations of the O3 standard. For detailed

information regarding this requirement, refer to the proposal document.

[[Page 55905]]

E. Section 182(b)(1)--New Source Review (NSR)

Tennessee has a fully approved NSR program for moderate O3

nonattainment areas.

Tennessee submitted revisions to its prevention of significant

deterioration (PSD) rule on September 1, 1993, and June 10, 1996. The

approval of these SIP revisions was published in the Federal Register

on July 29, 1996 (61 FR 39332), and was effective September 12, 1996.

For detailed information regarding this requirement, refer to the

proposal document.

F. Section 182(b)(3)--Stage II

On January 24, 1994, EPA promulgated the on board vapor recovery

(OBVR) rule, and section 202(a)(6) of the CAA provides that once the

rule is promulgated, moderate areas are no longer required to implement

Stage II. Thus, the Stage II vapor recovery requirement of section

182(b)(3) is no longer an applicable requirement. However, Tennessee

submitted Stage II vapor recovery rules to EPA which were approved on

February 9, 1995 (60 FR 7713), with an effective date of April 10,

1995. For detailed information regarding this requirement, refer to the

proposal document.

G. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)

The CAA required all moderate and above areas to revise the SIP to

include provisions necessary to provide for a vehicle inspection and

maintenance (I/M) program. The State has the required legal authority

for I/M, and EPA approved the program on July 28, 1995 (60 FR 38694),

with an effective date of September 26, 1995. For detailed information

regarding this requirement, refer to the proposal document.

H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements

Tennessee submitted a request for an exemption from the 182(f)

requirements on March 21, 1995. In addition, NOX reductions were

obtained from two sources prior to the Nashville area attaining the

O3 standard. The State submitted these permits for approval on May

31, 1996. The approval of these SIP revisions was published in the

Federal Register and will be effective prior to the effective date of

this action. For detailed information regarding this requirement, refer

to the proposal document.

3. The Area Has a 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 amended CAA, EPA has

determined that Tennessee has a fully approved O3 SIP under

section 110(k).

4. The Air Quality Improvement Must Be Permanent and Enforceable

Several control measures have come into place since the Nashville

nonattainment area violated the O3 NAAQS. Of these control

measures, the reduction of fuel volatility to 9.5 psi in 1989, and

finally to 7.8 psi beginning with the summer of 1992, as measured by

the Reid Vapor Pressure (RVP), and fleet turnover due to the Federal

Motor Vehicle Control Program (FMVCP) produced the most significant

decreases in VOC emissions. The reduction in VOC emissions due to the

mobile source regulations from 1990 to 1994 was 27.14 tons per day

(28.6%). The VOC emissions in the base year are not artificially low

due to local economic downturn.

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 document, EPA is approving the State of Tennessee's

maintenance plan for the Nashville nonattainment area because EPA finds

that Tennessee's submittal meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

On November 15, 1993, the State of Tennessee submitted

comprehensive inventories of VOC, NOX, and CO emissions from the

Nashville area. The inventories include biogenic, area, stationary, and

mobile sources for 1990.

The State submittal contains the detailed inventory data and

summaries by county and source category. Finally, this inventory was

prepared in accordance with EPA guidance. However, Tennessee had not

attained the O3 standard during 1990. Therefore, 1994 will be used

as the base year for this redesignation. This document approves the

1990 baseline inventory and the 1994 base year inventory for the

Nashville area. A summary of the 1990 baseline inventories as well as

the 1994 base year and projected maintenance year inventories is

included in this document.

Summary of VOC Emissions

[Tons per day]

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1990 1994 1996 1999 2002 2006

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Point............................. 45.87 41.48 38.34 40.98 43.60 47.08

Area.............................. 67.67 50.46 43.91 46.11 48.31 51.24

Non-Road.......................... 27.83 28.74 29.09 29.39 29.68 30.08

Mobile............................ 94.77 67.63 56.27 53.43 52.90 53.17

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Total....................... 263.14 188.31 167.61 169.91 174.49 181.57

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[[Page 55906]]

Summary of NOX Emissions

[Tons per day]

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1990 1994 1996 1999 2002 2006

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Point............................. 111.79 124.96 73.45 78.99 84.50 94.25

Area.............................. 15.12 14.56 15.03 15.78 16.54 17.54

Non-Road.......................... 29.24 30.19 30.67 31.44 32.20 33.22

Mobile............................ 111.34 120.53 102.20 98.79 96.25 96.60

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Total....................... 267.49 290.24 221.35 225.00 229.31 241.61

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Summary of CO Emissions

[Tons per day]

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1990 1994 1996 1999 2002 2006

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Point............................. 20.43 21.54 22.12 23.13 24.13 25.43

Area.............................. 35.94 11.75 16.97 17.48 18.00 18.68

Non-Road.......................... 188.69 194.80 197.93 202.86 207.78 214.35

Mobile............................ 720.68 614.24 458.63 413.08 401.31 407.97

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Total....................... 965.74 842.33 695.65 656.55 651.22 666.43

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B. Demonstration of Maintenance--Projected Inventories

Total VOC and NOX emissions were projected from 1990 out to

2006, with interim years of 1994, 1996, 1999, and 2002. These projected

inventories were prepared in accordance with EPA guidance. The

projections show that VOC and NOX 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 O3 NAAQS in the Nashville 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 complete periodic inventories of VOC and NOX

emissions every five years. The contingency plan for the Nashville area

is triggered by three indicators; a violation of the O3 NAAQS, the

monitored ambient levels of O3 exceed 0.12 parts per million (ppm)

more than once in any year at any site in the nonattainment area, or

the level of total VOC or NOX emissions has increased above the

attainment level in 1994 by ten percent or more.

D. Contingency Plan

The level of VOC and NOX emissions in the Nashville area will

largely determine its ability to stay in compliance with the O3

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 O3 air quality problem. In the case of a

violation of the O3 NAAQS, the plan contains a contingency to

implement additional control measures such as lower Reid Vapor Pressure

for gasoline, lowering the threshold of applicability for major

stationary VOC and NOX sources from 100 tons per year (tpy) to 50

tpy, and application of RACT on sources covered by new CTG categories.

Any additional measures taken by Tennessee will be implemented within

18 months of the trigger date. A complete description of these

contingency measures and their triggers can be found in the State's

submittal. 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 of

Tennessee 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.

On June 24, 1996, EPA published a document proposing approval of

the maintenance plan and redesignation request (61 FR 32386). EPA

received a number of comments regarding the proposed rule. Those

comments and the response thereto are summarized below.

Comment #1--The commenter disagreed that the State had met all of

the requirements in section 107(d)(3)(E)(ii) and requested that all of

the SIP requirements in section 107(d)(3)(E)(ii) be approved prior to

the comment period on the redesignation.

Response--Section 107(d)(3)(E) stipulates that a redesignation of a

nonattainment area to attainment may not be promulgated unless

conditions (i) through (v) have been met. In the proposed rule

published on June 24, 1996 (61 FR 32386), EPA did not promulgate the

redesignation to attainment. The proposed rule clearly specifies that

EPA will not take final action on the redesignation until the Tennessee

SIP has been fully approved. Each of the actions approving the various

SIP revisions have their own comment period during which the public may

review and comment on those specific actions. As of this action, the

State has submitted all of the requirements in section 107(d)(3)(E)(ii)

and the EPA has approved each requirement.

Comment #2--The commenter requested that EPA provide the legal

basis for the interpretation that only those requirements which came

due prior to the State's request for redesignation must be met in order

for the redesignation to be approved.

Response--Under the criterion contained in section

107(d)(3)(E)(ii), an area seeking redesignation must have a SIP that

has been fully approved by the Administrator. EPA has interpreted this

requirement to mean that there has been satisfactory completion of the

Act's then current requirements at the time of the redesignation

submittal. This interpretation is discussed in a memorandum dated

September 17, 1993 from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation, entitled State Implementation Plan

(SIP) Requirements for Areas Submitting

[[Page 55907]]

Requests for Redesignation to Attainment of the Ozone and Carbon

Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or

after November 15, 1992.

In particular, before EPA can act favorably upon any State

redesignation request, the State must adopt statutorily-mandated

control programs of Section 110 and Part D that were due prior to the

time of the redesignation request. This interpretation makes clear what

requirements a State must meet at the time of its redesignation

submittal, and avoids the necessity of States continually resubmitting

their request as more SIP requirements come due. In certain instances

where a mandated requirement has come due, but has not yet been

approved into the SIP, the State may submit the missing plan for

approval with the redesignation request, and EPA must approve the plan

submitted before it can act on the redesignation request. This

circumstance includes submittal of a NOX waiver pursuant to

Section 182(f) of the Act. This issue is discussed in Section II:

Policy Summary, and Section IV: Coordination of SIP Submittals and

Redesignation Request, in the above-cited memorandum.

Comment #3--The commenter stated that EPA does not have the

discretion to conditionally approve the redesignation, that conditional

approval would not only be a misinterpretation of the use of

conditional approvals, but also a violation of the Administrative

Procedures Act.

Response--In the proposed rule published on June 24, 1996 (61 FR

32386), EPA did not conditionally approve any elements of the

redesignation. The EPA proposed to approve the redesignation with no

conditions specified. The document did state that final action would

not be taken prior to final SIP approval. However, that does not

constitute conditional approval. There will be no outstanding approvals

at the time of final action.

Comment #4--The commenter requested that EPA extend the comment

period until final approval of all of the requirements on which

approval of the redesignation is contingent, or issue another public

notice once the SIP is complete.

Response--As stated above, each of the actions approving the

various SIP revisions (on which approval of the redesignation is

contingent) have their own comment period during which the public may

review and comment on those specific actions. EPA believes that the 30

day comment period for the proposed rule satisfies the requirements of

the Administrative Procedures Act (5 U.S.C.A. Sec. 553) and has

provided the public adequate time in which to make comments. EPA denies

the request to extend the comment period and denies the request to

institute a second comment period on this action.

Comment #5--The commenter requested that more detail be provided on

the contingency plan, and that the plan was brief and vague.

Response--Some detail has been added to EPA's discussion of its

evaluation of the measures in Tennessee's contingency plan; however,

only EPA's evaluation of the plan is included in this Federal Register

notice. The contingency plan may be found in its entirety in the

maintenance plan submitted by the State.

Comment #6--The commenter stated that it is premature to ask the

public to comment on the redesignation when the NOX exemption is

being considered. Also, the commenter opposed EPA's redesignation since

it is contingent on approval of a NOX exemption which was done

through direct final procedures for noncontroversial actions. The

commenter asserted that since other actions similar to the Tennessee

NOX exemption had raised extensive public comment, the TN action

was inappropriate.

Response--EPA believes that while the actions such as the NOX

exemption are related to the redesignation, these actions may proceed

concurrently with the redesignation, as long as action on all of the

SIP revisions on which approval of the redesignation is contingent are

effective prior to or concurrent with the effective date of the

redesignation. EPA does not agree that all NOX exemptions are

controversial because adverse comments were raised regarding similar

individual NOX exemptions. In fact, despite adverse comments, a

number of NOX exemptions have been granted and are in place as of

this writing.

Comment #7--The commenter stated that, through inconsistent EPA

policy, upwind states have been allowed to redesignate areas and obtain

exemptions from NOX and VOC programs required by the CAA without

regard to the effects of these actions on downwind areas.

Response--Section 107(d)(3)(E) does not require a submission of a

redesignation by a state to address the effects of that action and

related NOX and VOC programs on ``downwind'' areas. Moreover, EPA

does not believe that allowing a NOX exemption in the Nashville

area will affect attainment or maintenance of the ambient standard for

ozone in other states.

Comment #8--The commenter stated that EPA's ``clean data'' policy

fails in that it does not address the long range transport of ozone.

Also stated is that since several other ozone areas were redesignated

and subsequently violated the ozone NAAQS, the maintenance plans for

these areas do not contain adequate control programs and contingency

measures, and that additional programs will be needed in Nashville as

well.

Response--As stated above, section 107(d)(3)(E) does not require a

submission of a redesignation by a state to address the long range

transport of ozone, and EPA does not believe that this redesignation

will affect long range ozone transport. The Nashville area has ambient

monitoring data that show no violations of the ozone standard during

the period from 1992 to date in 1996. EPA has determined that the

maintenance plan and contingency measures for the Nashville area are

adequate.

Comment #9--The commenter stated that, since the NOX exemption

was submitted after the request for redesignation, TN should have

already had a NOX RACT program in place at the time of the request

for redesignation, and that a 15% rate of progress plan should have

been submitted after the initial submission was found incomplete.

Finally, the commenter stated that the redesignation and NOX

exemption should not be granted and urged EPA to reverse the notices on

these actions.

Response--Tennessee had existing NOX controls in effect during

the attainment period, prior to the request for redesignation. EPA

subsequently determined that the Nashville area had attained the

standard (60 FR 32466, June 22, 1995), therefore additional NOX

controls were not needed to attain the ozone standard. In addition, EPA

determined that RFP and 15% plan requirements do not apply to the area

for so long as the area does not monitor any violations of the ozone

standard. If an area has in fact attained the standard, the stated

purpose of the RFP requirement will have already been fulfilled and EPA

does not believe that the area need submit revisions providing for the

further emission reductions described in the RFP provisions of section

182(b)(1). The State submitted the redesignation on November 14, 1994,

and EPA determined the submittal complete in a letter dated March 13,

1995. Due to the reasons stated above, EPA believes the actions

regarding the redesignation and NOX exemption are warranted.

[[Page 55908]]

Comment #10--The commenter requested that EPA deny the

redesignation request until more information is available, including

the results of the Southern Oxidant Study, since the area came close to

having an exceedance last summer and the standard may be violated by

the time the designation process is concluded. The commenter also

asserted that, since there is scientific consensus that the current

standard is not stringent enough to protect public health, and EPA

intends to propose a tighter ozone standard, the area should not be

reclassified.

Response--As stated in the response to comment 8, this action is

based on ambient monitoring data that show no violations of the ozone

NAAQS during the period from 1992 to date in 1996. Other information,

such as results of the Southern Oxidant Study, is not relevant to the

ozone redesignation. Regardless of occurrences of exceedances or near-

exceedances, the Nashville area has attained the ozone standard. As of

this action, the ozone standard is under review as to adequacy in

protecting public health. Since the standard has not been revised, only

attainment of the current standard has been evaluated for this

redesignation.

Comment #11--The commenter expressed concern that redesignating the

area would send the wrong message to the public, which would be to

assume that the problem had been solved.

Response--EPA believes that the maintenance plan is adequate to

maintain the ozone standard in the Nashville area, and redesignating

the area to attainment is appropriate and accurately reflects the

status of air quality concerning the current ozone NAAQS in the

Nashville area.

Comment #12--The commenter disputed the inapplicability of

reasonable further progress and 15% plan requirements; the commenter

stated that EPA's determination exceeds its discretionary regulatory

authority to modify specific statutory requirements.

Response--EPA does not believe that this determination modifies any

specific statutory requirements. The purpose of the RFP (including 15%

plan) requirement is to ensure attainment of the ozone standard by the

attainment date applicable under the CAA. If an area has in fact

attained the standard, the stated purpose of the RFP requirement will

have already been fulfilled, thereby meeting the statutory requirement,

and EPA does not believe that the area need submit revisions providing

for further emissions reductions.

Comment #13--The commenter had serious reservations as to the

adequacy of EPA's conclusion that the TN SIP satisfies the requirements

of Section 110(a)(2) of the CAA, given the unresolved status of the

revisions on which the redesignation is contingent described in the

proposal. The commenter believes a more thorough evaluation of the SIP

by EPA is warranted prior to any further consideration of the

redesignation.

Response--As stated in the response to comment 1, section

107(d)(3)(E) stipulates that a redesignation of a nonattainment area to

attainment may not be promulgated unless conditions (i) through (v)

have been met; in the proposed rule, the redesignation was not

promulgated. As of this final action, the State has met all of the

requirements in section 107(d)(3)(E)(ii). EPA believes, as previously

stated, that the State has met all of the requirements in section

107(d)(3)(E), including all requirements applicable to the area under

section 110. The evaluation of the Tennessee SIP is described in detail

in section 2 of the supplementary information in the proposed rule.

Comment #14--The commenter took exception to the use of EPA's

diluted redesignation guidance (Seitz memo, May 10, 1995). They further

state that most EPA guidance includes procedural devices facilitating

redesignation requests by suspending requirements of SIP revisions,

which is inconsistent with section 107(D)(3)(E). The commenter also

asserts that EPA cannot use the 1995 Seitz memorandum to substitute its

own criteria for redesignation over congressional instruction.

Response--EPA does not believe that the 1995 Seitz memorandum is

being used to substitute EPA's own criteria for redesignation over

congressional instruction. The memorandum sets forth EPA policy to

address whether areas must submit SIP revisions concerning requirements

necessary to attain the ozone standard once an area has attained the

standard. As stated in the response to comment 12, if an area has in

fact attained the standard, the stated purpose of the RFP requirement

will have already been fulfilled, thereby meeting the statutory

requirement, and EPA does not believe that the area need submit

revisions providing for further emissions reductions as long as the

area continues to meet the standard. EPA does not believe that this

policy is inconsistent with section 107(D)(3)(E).

Comment #15--The commenter stated that utilizing the 1995 Seitz

memorandum to render inapplicable CAA sections 172(c)(2) and 182(b)(1)

requirements jeopardizes the Nashville request by making it susceptible

to revocation if subjected to judicial review.

Response--EPA has not utilized the 1995 Seitz memorandum to render

CAA sections 172(c)(2) and 182(b)(1) requirements inapplicable; the

memorandum determines that if the purpose of a requirement has already

been fulfilled, the statutory requirement has been met, and the area

need not submit further SIP revisions regarding a requirement that has

been fulfilled.

Comment #16--The commenter stated that they believe that it is in

the best interests of the Nashville region that EPA stay action on

redesignation requests for ozone nonattainment areas in the states

participating in OTAG until regional ozone precursor emission

strategies are proposed and implemented, and the same should apply to

NOX waivers in the OTAG domain.

Response--Section 107(D)(3)(E) does not provide for incorporating

OTAG strategies in redesignations, nor does section 182(f) for NOX

exemptions. EPA believes the Tennessee request has met all of the

requirements in section 107(D)(3)(E) and is approving the redesignation

in this final action.

Final Action

In this final action, EPA is approving the Nashville O3

maintenance plan, including the 1990 baseline inventory and the 1994

base year inventory, because it meets the requirements of section 175A.

In addition, EPA is redesignating the Nashville area to attainment for

O3 because the State of Tennessee has demonstrated compliance with

the requirements of section 107(d)(3)(E) for redesignation. EPA

believes all comments received have been adequately addressed and is

therefore proceeding with approval of this action.

The O3 SIP is designed to satisfy the requirements of part D

of the CAA and to provide for attainment and maintenance of the O3

NAAQS. This final redesignation should not be interpreted as

authorizing the State of Tennessee to delete, alter, or rescind any of

the VOC or NOX emission limitations and restrictions contained in

the approved O3 SIP. Changes to O3 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 a finding of nonimplementation [section

179(a) of

[[Page 55909]]

the CAA] or in a SIP deficiency call made pursuant to sections

110(a)(2)(H) and 110(k) of the CAA.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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. Sections 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.

Granting the ozone redesignation makes less burdensome the

requirements on those small entities in the Nashville area that are

regulated under the State's ozone control plan. Accordingly, the

Administrator hereby certifies that this action will not have a

significant economic impact on a substantial number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``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 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 Federal

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

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

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. 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 December 30, 1996. 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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: October 11, 1996.

John H. Hankinson, Jr.,

Regional Administrator.

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. 7401-7671q.

Subpart RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(144) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(144) The maintenance plan and redesignation request for the

Nashville Area which includes Davidson, Rutherford, Sumner, Williamson,

and Wilson Counties submitted by the Tennessee Department of

Environment and Conservation on November 14, 1994, August 9, 1995, and

January 19, 1996, as part of the Tennessee SIP.

(i) Incorporation by reference.

The following sections of the document entitled Request for

Redesignation of the Middle Tennessee Non-attainment Area from Moderate

Non-attainment to Attainment of the National Ambient Air Quality

Standard for Ozone and the Maintenance Plan: 2.0 Attainment

Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and

Appendix 4 Summaries of Projected Emissions for VOC, NOX, and CO

adopted on January 10, 1996.

(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 ``Tennessee-Ozone'' table is amended by

removing the Nashville area and its entries in the first alphabetical

list and by adding in alphabetical order entries for ``Davidson

County'', ``Rutherford County'', ``Sumner County'', ``Williamson

County'', and ``Wilson County'' to the second listing of counties; and

by revising the entry ``Rest of State'' to read ``Statewide''.

Sec. 81.343 Tennessee

* * * * *

[[Page 55910]]

TENNESSEE--OZONE

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

Designation Classification

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

Date \1\ Type Date \1\ Type

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

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

* * * * * * *

Davidson County............... Oct. 30, 1996.............

* * * * * * *

Rutherford County............. Oct. 30, 1996.............

* * * * * * *

Sumner County................. Oct. 30, 1996.............

* * * * * * *

Williamson County............. Oct. 30, 1996.............

* * * * * * *

Wilson County................. Oct. 30, 1996.............

* * * * * * *

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

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

[FR Doc. 96-27606 Filed 10-29-96; 8:45 am]

BILLING CODE 6560-50-P