Designation of Areas for Air Quality Planning Purposes; Tennessee: Redesignation of the Polk County and New Johnsonville Sulfur Dioxide Nonattainment Areas to Attainment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TN 86-1-9802a; TN 127-1-9803a; FRL-5923-2]

Designation of Areas for Air Quality Planning Purposes;

Tennessee: Redesignation of the Polk County and New Johnsonville Sulfur

Dioxide Nonattainment Areas to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving maintenance plans and requests for

redesignation of the Polk County area and portions of Benton and

Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant

(New Johnsonville area) from nonattainment to attainment for the sulfur

dioxide (SO2) National Ambient Air Quality Standards

(NAAQS), pursuant to requests submitted on January 6, 1988, July 12,

1990, December 17, 1993, and April 17, 1995, by the State of Tennessee,

through the Tennessee Department of Environment and Conservation

(TDEC).

DATES: This final rule is effective January 26, 1998 unless notice is

received by December 26, 1997 that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Written comments should be addressed to:

For the Polk County area: Scott M. Martin, Regulatory Planning

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

Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303.

For the New Johnsonville area: Steven M. Scofield, Regulatory

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

Management Division, Region 4 Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303.

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.

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, Atlanta, Georgia 30303.

Tennessee Department of Environment and Conservation, Division of Air

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

Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT:

For the Polk County area: Scott M. Martin, Regulatory Planning

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

Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303. The telephone number is 404/562-9036.

For the New Johnsonville area: Steven M. Scofield, Regulatory

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

Management Division, Region 4 Environmental Protection Agency, 61

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

562-9034.

SUPPLEMENTARY INFORMATION:

In a Federal Register document published March 3, 1978, (43 FR

8962) the Polk County and New Johnsonville areas were designated

nonattainment for SO2. On July 12, 1990, the State of

Tennessee, through the TDEC, submitted a request for redesignation of

the Polk County SO2 nonattainment area to attainment. This

request did not contain a maintenance plan, including contingency

measures, as required in section 107(d)(3)(E) of the Clean Air Act

(CAA). Subsequently, on April 17, 1995,

[[Page 62696]]

the State submitted a maintenance plan that completed the redesignation

request. The State of Tennessee has met all of the CAA requirements for

redesignation pursuant to Section 107(d)(3)(E).

On January 6, 1988, the State of Tennessee, through the TDEC,

submitted a request for redesignation of the New Johnsonville

SO2 nonattainment area to attainment. The submittal was not

approvable due to stack height issues that were affected by a January

22, 1988, court decision, which prohibited EPA from exempting stack

height increases from demonstration requirements. Since the 1990

amendments to the CAA, it has been EPA's policy to approve

redesignation requests affected by that court decision. However, this

request did not contain a maintenance plan, including contingency

measures, as required in section 107(d)(3)(E) of the CAA. Subsequently,

on December 17, 1993, the State submitted a maintenance plan that

completed the redesignation request. The State of Tennessee has met all

of the CAA requirements for redesignation pursuant to Section

107(d)(3)(E).

Section 107(d)(3)(E)(i). The Administrator has determined that the

area has attained the NAAQS.

Tennessee submitted air quality data demonstrating attainment with

both the primary and secondary SO2 NAAQS for the years 1988

and 1989 in the Polk County area and 1981 through 1993 in the New

Johnsonville area. As required by the EPA for SO2

redesignations, a nonattainment area must demonstrate attainment by

showing no more than one exceedance annually for two complete,

consecutive calendar years and must continue in attainment status until

the final notice approving such redesignation is effective. During that

period there were no exceedances in the Polk County area and one

exceedance of each of the primary and secondary NAAQS during 1986 in

the New Johnsonville area, and hence, no violations of the

SO2 NAAQS. Both areas have continued to monitor attainment

of the SO2 NAAQS to date.

Section 107(d)(3)(E)(ii). The Administrator has fully approved the

applicable implementation plan for the area under Section 110(k).

The Tennessee SO2 State Implementation Plan (SIP) is

fully approved and meets all requirements under section 110(k) which

are applicable to the Polk County and New Johnsonville areas.

Additionally, Reasonably Available Control Technology (RACT) emission

limits for sources located in the Polk County area are specified in

Rule 1200-3-19-.19 of the Tennessee Air Pollution Control regulations

and RACT limits for the New Johnsonville area are specified in Rule

1200-3-19-.14 of the Tennessee Air Pollution Control regulations. TDEC

Rule 1200-3-19-.19 became federally enforceable after EPA approval and

publication in the Federal Register on February 6, 1980 (45 FR 8004)

and May 27, 1982 (47 FR 23160) and TDEC Rule 1200-3-19-.14 became

federally enforceable after EPA approval and publication in the Federal

Register on April 7, 1993 (58 FR 18011).

Section 107(d)(3)(E)(iii). The Administrator determines that the

improvement in air quality is due to permanent and enforceable

reductions in emissions resulting from implementation of the applicable

implementation plan and applicable Federal air pollutant control

regulations and other permanent and enforceable reductions.

The BIT Manufacturing, Inc. facility is the only significant source

of SO2 emissions located in or impacting the Polk County

area. The TDEC submits that the present SIP is adequate and the RACT

emission limitations contained in TDEC Rule 1200-3-19-.19 have resulted

in permanent and enforceable reductions in emissions. TDEC Rule 1200-3-

19-.19 became federally enforceable after EPA approval and publication

in the Federal Register on February 6, 1980 (45 FR 8004), and May 27,

1982 (47 FR 23160).

For the New Johnsonville area, the State has demonstrated that the

present SIP is adequate and the RACT emission limitations contained in

TDEC Rule 1200-3-19-.14 have resulted in permanent and enforceable

reductions in emissions. TDEC Rule 1200-3-19-.14 became federally

enforceable after EPA approval and publication in the Federal Register

on April 7, 1993 (58 FR 18011).

Section 107(d)(3)(E)(iv). The Administrator has fully approved a

maintenance plan for the area as meeting the requirements of section

175A.

Section 175A of Part D of the CAA requires maintenance and

contingency plans for nonattainment areas before redesignation can

occur. As required by section 175A the TDEC submitted to the EPA air

dispersion modeling which demonstrated maintenance of the

SO2 NAAQS. The TDEC used EPA approved models ISC2 and

COMPLEX1 (VALLEY screening mode) as their dispersion models.

Additionally, for both areas, the TDEC will evaluate any permittable

SO2 emissions increases from existing sources, or any

permittable SO2 emissions from any new source that might

locate in the area, with atmospheric dispersion modeling to ensure that

compliance with the NAAQS for SO2 is maintained. The

maintenance plan is to be in effect for a ten year period after

redesignation of the area. The State must also submit an additional

plan, 8 years after redesignation of the area, for maintaining the

NAAQS for 10 years after the expiration of the initial 10-year

maintenance period. In the case of the Polk County area, attainment of

both the primary and secondary NAAQS has been evident since 1988. The

RACT standards in place have achieved the desired effect of a

maintenance plan. Therefore, the maintenance plan for the Polk County

area will also include continued implementation of the RACT standards

specified in TDEC Rule 1200-3-19-.19. In the case of the New

Johnsonville area, attainment of both the primary and secondary NAAQS

has been evident since 1981. The RACT standards in place have achieved

the desired effect of a maintenance plan. Therefore, the maintenance

plan for the New Johnsonville area will also include continued

implementation of the RACT standards specified in TDEC Rule 1200-3-

19-.14.

Any violation of the NAAQS for SO2 will trigger

initiation of TDEC's contingency plan for the Polk County and New

Johnsonville areas. TDEC regulations contained in Chapter 20 require

companies to maintain logs for malfunctions and upsets. This includes

production of records and log notes regarding operation of processes or

fuel burning, control room data, and pollution control equipment data.

In the event of exceedances of the NAAQS, a field visit within 30 days

will be conducted by the TDEC and a field report shall be completed

within 45 days concerning the findings and conclusions. The following

three-fold approach shall be utilized based on the particular situation

described below.

1. If current SIP emission limits are exceeded, then the TDEC will

proceed with enforcement action according to the Tennessee EPA

enforcement agreement. Corrective action measures will be required by

the TDEC in a timely manner. The TDEC requires a form entitled APC-19,

``Proposed Schedule for Corrective Action'', to be returned which

outlines specific measures and time frames for facilities to bring the

violating source into compliance in a timely manner.

2. If no emission limits are exceeded and it is determined that the

current SIP requirements are inadequate to maintain the NAAQS, within

60 days of issuance of the field report revised SIP permits

[[Page 62697]]

with more stringent emission limits will be formulated. A compliance

schedule to achieve the revised emission limits will be incorporated in

any new permits as part of the SIP.

3. If there is an exceedance of the SO2 standard and no

emission limit is violated and the TDEC has evidence that the ambient

exceedance resulted from a permitted source or a non-permitted source

due to an accidental release, the situation would be handled using one

of the two following methods.

(1) If the source is permitted and is within the maintenance area,

a plan of future action will be formulated within 90 days by the

facility acceptable to the TDEC to either prevent and/or handle

incidents of this nature.

(2) If the source is not permitted, the TDEC will contact the party

and negotiate, if possible, a voluntary plan of action for the future.

Section 107(d)(3)(E)(v). The State containing such area has met all

requirements applicable to the area under Section 110 and Part D.

Tennessee has complied with all requirements for section 110 of the

CAA and part D. The implementation plan meets the requirements of

section 110 of the CAA and the RACT plan in place provides specific

emission limits to minimize SO2 emissions. Part D entitled

Plan Requirement for Nonattainment Area lists general plans for

nonattainment areas which include attainment dates, incorporating RACT,

tracking reasonable further progress (RFP), compiling periodic

inventories, adopting enforceable measures, and permitting new and

modified sources in accordance with section 173 while not interfering

with RFP. All of the above measures have been adopted by the TDEC and

approved in the SIP. Therefore, all of the requirements for section

107(d)(3)(E) have been satisfied.

Final Action

In this action, EPA is approving the Polk County area

SO2 maintenance plan submitted on April 17, 1995, and the

New Johnsonville area SO2 maintenance plan submitted on

December 17, 1993, because both meet the requirements of section 175A.

In addition, the Agency is approving the request to redesignate the

Polk County and New Johnsonville SO2 areas to attainment,

because the State has demonstrated compliance with the requirements of

section 107(d)(3)(E) for redesignation.

The SO2 SIP is designed to satisfy the requirements of

part D of the CAA and to provide for attainment and maintenance of the

SO2 NAAQS. This final redesignation should not be

interpreted as authorizing the State to delete, alter, or rescind any

of the SO2 emission limitations and restrictions contained

in the approved SO2 SIP. Changes to SO2 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 both a finding of

non-implementation [section 173(b) of the CAA] and in a SIP deficiency

call made pursuant to section 110(a)(2)(H) of the CAA.

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 January 26, 1998 unless, by December 26, 1997 adverse or

critical comments are received, or the areas fail to continue in

attainment status until the final notice approving such redesignation

is effective.

If the EPA receives such comments or the areas fail to continue in

attainment status until the final action approving such redesignation

is effective, 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 January 26, 1998.

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

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.

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. The

Regional Administrator certifies that the approval of the redesignation

request will not affect 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 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.

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

[[Page 62698]]

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 January 26, 1998. 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, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: October 10, 1997.

A. Stanley Meiburg,

Acting 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 paragraphs (c)(159) and

(160) to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(159) The maintenance plan and redesignation request for the Polk

County area submitted by the Tennessee Department of Environment and

Conservation on April 17, 1995, as part of the Tennessee SIP.

(i) Incorporation by reference. The following sections of the

Tennessee Department of Environment and Conservation Board Order Number

95-24: VI. Maintenance and contingency plan adopted on April 12, 1995.

(ii) Other material. None.

(160) The maintenance plan and redesignation request for the New

Johnsonville Area which includes that portion of Benton and that

portion of Humphreys Counties, Tennessee, surrounding TVA's

Johnsonville plant submitted by the Tennessee Department of Environment

and Conservation on December 17, 1993, as part of the Tennessee SIP.

(i) Incorporation by reference. The following sections of the

Tennessee Department of Environment and Conservation Board Order Number

93-25: I. Maintenance Plan; and II. Contingency Plan adopted on

December 15, 1993.

(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-SO2'' table is

amended by revising the entries for ``That portion of Benton County

surrounding TVA's Johnsonville plant'', ``That portion of Humphreys

County surrounding TVA's Johnsonville plant'', and ``Polk County'' to

read as follows:.

Sec. 81.343 Tennessee

* * * * *

Tennessee--SO2

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Does not Does not

meet meet Cannot be Better than

Designated area primary secondary classified national

standards standards standards

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That portion of Benton County surrounding TVA's

Johnsonville plant........................................ ........... ........... ........... X

* * * * * * *

That portion of Humphreys County surrounding TVA's

Johnsonville plant........................................ ........... ........... ........... X

* * * * * * *

Polk County................................................ ........... ........... ........... X

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[FR Doc. 97-30952 Filed 11-24-97; 8:45 am]

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