[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62695-62698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30952]


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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 (SO<INF>2</INF>) 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 SO<INF>2</INF>. On July 12, 1990, the State of 
Tennessee, through the TDEC, submitted a request for redesignation of 
the Polk County SO<INF>2</INF> 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 
SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> 
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 
SO<INF>2</INF> NAAQS. Both areas have continued to monitor attainment 
of the SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> 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 
SO<INF>2</INF> 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 
SO<INF>2</INF> emissions increases from existing sources, or any 
permittable SO<INF>2</INF> emissions from any new source that might 
locate in the area, with atmospheric dispersion modeling to ensure that 
compliance with the NAAQS for SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> 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 
SO<INF>2</INF> maintenance plan submitted on April 17, 1995, and the 
New Johnsonville area SO<INF>2</INF> 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 SO<INF>2</INF> areas to attainment, 
because the State has demonstrated compliance with the requirements of 
section 107(d)(3)(E) for redesignation.
    The SO<INF>2</INF> SIP is designed to satisfy the requirements of 
part D of the CAA and to provide for attainment and maintenance of the 
SO<INF>2</INF> NAAQS. This final redesignation should not be 
interpreted as authorizing the State to delete, alter, or rescind any 
of the SO<INF>2</INF> emission limitations and restrictions contained 
in the approved SO<INF>2</INF> SIP. Changes to SO<INF>2</INF> 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-SO<INF>2</INF>'' 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--SO<INF>2                                                 
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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]
BILLING CODE 6560-50-U