Approval and Promulgation of Implementation Plans, Tennessee: Approval of Revisions to Maintenance Plan for Knox County, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-150-01-9711a; FRL-5866-1]

Approval and Promulgation of Implementation Plans, Tennessee:

Approval of Revisions to Maintenance Plan for Knox County, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Knox County portion of the

State Implementation Plan regarding the Ozone Maintenance Plan and

associated projections of future emissions submitted on January 18,

1995, by the Tennessee Department of Environment and Conservation. The

purpose of this action is to establish an emissions budget in Knox

County in accordance with the Transportation Conformity provisions

promulgated on November 24, 1993.

DATES: This final rule is effective October 6, 1997, unless adverse or

critical comments are received by September 4, 1997. If the effective

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

Register.

ADDRESSES: Written comments on this action should be addressed to

Benjamin Franco at the Environmental Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies

of 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. Reference file TN150-01-9711. The Region 4 office may

have additional background documents not available at the other

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 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303. Benjamin Franco, (404)-562-

9039.

Tennessee Department of Environment and Conservation, Division of Air

Pollution Control, L&C Annex, 9th Floor, 401 Church Street, Nashville,

Tennessee 37243-1531. Telephone: (615) 532-0554.

Knox County Department of Air Pollution Control, City County Building,

Suite 339, 400 West Main Street, Knoxville, Tennessee, 37902.

Telephone: (615) 521-2488.

FOR FURTHER INFORMATION CONTACT: Benjamin Franco at 404/562-9039.

SUPPLEMENTARY INFORMATION: Section 176(c)(2)(A) of the Clean Air Act

specifically requires conformity determinations to show that

``emissions expected from implementation of such plans and programs are

consistent with estimates of emissions from motor vehicles and

necessary emissions reductions.'' SIP demonstrations of reasonable

further progress, attainment, and maintenance contain these emission

estimates and ``necessary emission reductions.'' The emissions budget

is the mechanism EPA has identified for carrying out the demonstration

of consistency.

The emissions budget may be revised at any time through the

standard SIP revision process, provided the SIP demonstrates that the

revised emission budget will not threaten attainment and maintenance of

the standard or any milestone in the required timeframe. The State may

choose to revise its SIP emission budgets in order to reallocate

emissions among sources or among pollutants and precursors.

Section 51.456(b) of the Transportation Conformity Rule (58 FR

62232) provides that in cases where a SIP submitted prior to November

24, 1993, does not have an explicit emissions budget but quantifies a

``safety margin'' by which emissions from all sources are less than the

total emissions that would be consistent with attainment, the State may

submit a SIP revision which assigns some or all of this safety margin

to highway and transit mobile sources for the purpose of conformity.

Such a SIP revision, once it is endorsed by the Governor and has been

subject to a public hearing, may be used for the purposes of

transportation conformity before it is approved by EPA.

On August 26, 1992, the Tennessee Department of Environment and

Conservation (TDEC) submitted an Ozone Maintenance Plan for Knox County

that included a 1990 base year emission inventory and emissions

projections. EPA published in the Federal Register on September 27,

1993, a notice approving the maintenance plan and emission projections.

These emission projections were approved before the conformity rule was

finalized on November 24, 1993. Therefore, the approved emission

projections became the area's emission budget for conformity purposes.

On May 25, 1994, the Department of Environment and Conservation

proposed a revision to the maintenance plan and emission projections.

This revision provides a more accurate and practical budget for

transportation planning conformity. The final conformity rule allows

for areas to revise their emission projections as long as it does not

affect attainment or the maintenance of the air quality standards.

Section 51.456 of the final conformity rule allows an area to

reallocate safety margins to highway and transit mobile sources for the

purposes of transportation conformity. The State revision has allocated

the safety margin in their emission projection to the mobile portion of

the emissions budget. The following is the revised emission budget for

Knox County submitted by the State.

[[Page 42069]]

Knox County Emission Budget

[Tons/Day]

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

Year Area Nonroad Biogenic Mobile Point Total

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

Volatile Organic Compounds

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

1990................................................... 28.82 9.81 32.43 41.16 8.06 120.28

1993................................................... 29.25 9.96 32.43 29.28 8.64 109.56

2000................................................... 30.29 10.31 32.43 * 37.37 9.88 120.28

2004................................................... 30.90 10.52 32.43 *35.94 10.49 120.28

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

Nitrogen Oxides

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

1990................................................... 3.66 9.77 0 41.73 8.96 64.12

1993................................................... 3.72 9.92 0 41.20 9.54 64.38

2000................................................... 3.85 10.27 0 * 38.99 11.01 64.12

2004................................................... 3.92 10.48 0 * 38.21 11.51 64.12

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

Carbon Monoxide

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

1990................................................... 7.54 68.89 0 296.32 3.00 375.75

1993................................................... 7.65 69.93 0 245.90 3.34 326.82

2000................................................... 7.92 72.41 0 220.72 3.67 304.72

2004................................................... 8.08 73.87 0 203.60 3.84 289.39

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

* Safety margin emission were reallocated to mobile sources. A safety margin is produced when the emissions from all sources are less than the total

emissions that would be consistent with attainment.

Final Action

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements.

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 October 6, 1997, unless, by September 4, 1997, 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 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 October 6, 1997.

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.

I. Administrative Requirements

A. Executive Order 12866

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. 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

Clean Air Act 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, the Regional

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).

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

the 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 promulgated 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

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

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

[[Page 42070]]

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

section 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 October 6, 1997. 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen oxides ,Ozone, Reporting and recordkeeping requirements.

Dated: July 9, 1997.

Michael V. Payton,

Acting Regional Administrator .

Chapter I, title 40, 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)(151) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(151) A Revision to Knox County Ozone Maintenance plan and emission

projections submitted by the Tennessee Department of Environment and

Conservation on January 18, 1995.

(i) Incorporation by reference.

(A) Knox County Ozone Maintenance plan and emission projections

adopted on November 21, 1994.

(ii) Other material. None.

* * * * *

[FR Doc. 97-20578 Filed 8-4-97; 8:45 am]

BILLING CODE 6560-50-P