Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Memphis Ozone Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-204-1-9913a; FRL-6326-9]

Approval and Promulgation of Implementation Plans; Tennessee:

Approval of Revisions to the Memphis Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Memphis and Shelby County

Health Department (MSCHD) ozone (O3) maintenance plan. The

revisions were submitted by the State of Tennessee, through the

Tennessee Department of Environment and Conservation (TDEC), on

September 18, 1997, with supplemental information submitted on June 30,

1998. The MSCHD revised their O3 maintenance plan by adding

new tables which correct errors made in the original base year

inventory and maintenance plan. These corrections impact the

transportation conformity budget for the greater Memphis Metropolitan

Statistical Area.

DATES: This direct final rule is effective on June 21, 1999, without

further notice, unless EPA receives significant, material, and adverse

comment by May 20, 1999. If EPA receives adverse comment, we will

publish a timely withdrawal of the direct final rule in the Federal

Register and inform the public that the rule will not take effect.

ADDRESSES: You should address comments on this action to Steven M.

Scofield at the EPA, Region 4 Air Planning Branch, 61 Forsyth Street,

SW., Atlanta, Georgia 30303.

Copies of documents related to this action are available for the

public to review during normal business hours at the locations below.

If you would like to review these documents, please make an appointment

with the appropriate office at least 24 hours before the visiting day.

Reference file TN 204-1-9913a. The Region 4 office may have additional

documents not available at the other locations.

Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW., Atlanta, Georgia 30303. Steven M. Scofield, 404/

562-9034.

Tennessee Department of Environment and Conservation, Division of Air

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

Tennessee 37243-1531. 615/532-0554.

Memphis and Shelby County Health Department, 814 Jefferson Avenue,

Memphis, Tennessee 38105. 901/576-7600.

FOR FURTHER INFORMATION CONTACT: Steven M. Scofield at 404/562-9034.

SUPPLEMENTARY INFORMATION:

I. Background

On November 12, 1992, Tennessee submitted a maintenance plan and a

request to redesignate the Memphis and Shelby County area from

nonattainment to attainment for O3. In a Federal Register

notice dated January 17, 1995 (60 FR 3352), EPA approved the Memphis

and Shelby County O3 maintenance plan, including the 1990

base year inventory.

II. Analysis of State's Submittal

The revisions to the Memphis and Shelby County O3

maintenance plan were submitted on September 18, 1997, with

supplemental information submitted on June 30, 1998. The MSCHD revised

their O3 maintenance plan by adding new tables which correct

errors made in the original 1990 base year inventory and maintenance

plan. The submittal included corrected nitrogen oxide (NOX)

tables and graphs and three new tables for volatile organic compounds

(VOCs), carbon monoxide (CO), and NOX.

The purpose of the 1990 base year adjustment is to better account

for emissions from NOX sources. The error correction affects

the 2004 emission budget in that additional NOX emissions

are available in the safety margin. MSCHD has chosen to allocate the

additional safety margin to the mobile source sector. These corrections

impact the transportation conformity budget for the greater Memphis

Metropolitan Statistical Area.

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

1990 1993 1996 1999 2002 2004

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

VOC Emission Inventory Summary (Tons per day)

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

Point................................................... 74.6 30.3 31.4 32.5 33.5 34.2

Area.................................................... 79.3 53.3 54.3 55.2 56.2 56.9

Non-Road................................................ 31.3 31.9 32.5 33.1 33.7 34.1

Mobile.................................................. 72.1 46.9 44.8 44.3 43.7 43.1

Mobile Budget........................................... 72.1 112.1 107.5 104.6 101.8 144.5

Biogenics............................................... 132.6 100.8 100.8 100.8 100.8 100.8

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

Total............................................... 390.0 263.2 263.7 265.9 267.9 269.1

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

NOX Emission Inventory Summary (Tons per day)

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

Point................................................... 113.5 119.4 102.0 100.4 72.9 72.0

Area.................................................... 4.2 4.5 4.6 4.7 4.8 4.8

Non-Road................................................ 80.8 82.3 83.8 85.3 86.8 87.9

Mobile.................................................. 62.9 56.1 54.6 54.8 54.6 54.3

Mobile Budget........................................... 62.9 56.1 59.5 59.7 71.7 94.3

Biogenics............................................... 1.6 1.4 1.4 1.4 1.4 1.4

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

Total............................................... 263.0 263.7 246.3 246.5 220.5 220.3

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

CO Emission Inventory Summary (Tons per day)

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

Point................................................... 22.8 18.6 19.3 19.9 20.5 21.0

Area.................................................... 82.6 107.9 109.9 111.8 113.9 115.2

Non-Road................................................ 109.8 111.8 113.8 115.9 118.0 119.4

[[Page 19282]]

Mobile.................................................. 455.1 420.1 418.5 417.3 416.5 414.6

Mobile Budget........................................... 455.1 431.5 426.9 422.4 417.8 414.6

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

Total............................................... 670.13 658.4 661.4 664.9 668.9 670.3

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

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

III. Final Action

EPA is approving the revisions to the Memphis and Shelby County

Health Department O3 maintenance plan and 1990 base year

inventory.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective June 21, 1999,

without further notice unless the Agency receives adverse comments by

May 20, 1999.

If the EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on June 21, 1999, and no

further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If EPA complies by consulting, E.O. 12875 requires EPA to

provide to the Office of Management and Budget a description of the

extent of EPA's prior consultation with representatives of affected

state, local, and tribal governments, the nature of their concerns,

copies of written communications from the governments, and a statement

supporting the need to issue the regulation. In addition, E.O. 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If EPA complies by

consulting, E.O. 13084 requires EPA to provide to the Office of

Management and Budget, in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, Executive Order 13084

requires EPA to develop an effective process permitting elected and

other representatives of Indian tribal governments ``to provide

meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 19283]]

(``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.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 June 21, 1999. 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 dioxide, Ozone.

Dated: March 25, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of 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 et. seq.

Subpart RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(165) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(165) The revisions to the maintenance plan and emission inventory

for the Memphis and Shelby County Area which includes Shelby County and

the City of Memphis submitted by the Tennessee Department of

Environment and Conservation on September 18, 1997, and June 30, 1998,

as part of the Tennessee SIP.

(i) Incorporation by reference. Non-Regulatory SIP Submittal

Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide

Triennial Emission Inventory; II. Revisions to the 1990 Base Year

Inventory; III. Amendments to the CO and O3 Maintenance

Plans to Specify Conformity Emission Budgets adopted on September 10,

1997.

(A) Mobile and point source emission budgets volatile organic

compounds summer season tons per day (PJVCTD3.WK1)

(B) Mobile and point source emission budgets nitrogen oxides summer

season tons per day (PJNXTD3.WK1)

(C) Mobile and point source emission budgets carbon monoxide winter

season tons per day (PJCOTD3.WK1)

(D) Mobile and point source emission budgets volatile organic

compounds summer season tons per day

(E) Mobile and point source emission budgets nitrogen oxides summer

season tons per day

(F) Mobile and point source emission budgets carbon monoxide winter

season tons per day.

(ii) Other material. None.

[FR Doc. 99-9714 Filed 4-19-99; 8:45 am]

BILLING CODE 6560-50-P