[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32386-32391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16022]



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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN-152-1-9636; FRL-5525-1]


Proposed Approval and Promulgation of Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes; State of 
Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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 
area from moderate nonattainment to attainment for ozone (O<INF>3). 
Subsequently on August 9, 1995, and January 19, 1996, the State 
submitted supplementary information which included revised contingency 
measures and emission projections. The Middle Tennessee O<INF>3 
nonattainment area consists of Davidson, Rutherford, Sumner, 
Williamson, and Wilson Counties. Under the Clean Air Act, designations 
can be changed if sufficient data are available to warrant such 
changes. In this action, EPA is proposing to approve the State of 
Tennessee's submittal because it will meet the maintenance plan and 
redesignation requirements. The approved maintenance plan will become a 
federally enforceable part of Tennessee's State Implementation Plan 
(SIP) for the moderate nonattainment area. In this action, EPA is also 
proposing to approve the State of Tennessee's 1990 baseline emissions 
inventory because it meets EPA's requirements regarding the approval on 
baseline emission inventories. EPA has analyzed the Tennessee SIP and 
determined which requirements have been met and for which requirements 
further action is required. In the instances where further action is 
required, SIP revisions meeting those requirements must be fully 
approved in order for EPA to find that all the applicable requirements 
of the Clean Air Act as amended in 1990 (CAA) have been met. Thus, 
final approval of this redesignation is contingent upon the final 
approval of the additional SIP submittals described in Part 2. of the 
Supplementary Information.

DATES: To be considered, comments must be received by July 24, 1996.

ADDRESSES: Written comments on this action should be addressed to 
Steven M. Scofield, at the EPA Regional Office listed below.
    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 Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
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 and Development Section, Air Programs Branch, Air, Pesticides 
& Toxics Management Division, Region 4 Environmental Protection Agency, 
345 Courtland Street, NE, Atlanta, Georgia 30365. The telephone number 
is 404/347-3555 extension 4189. Reference file TN-152-1-9636.

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 Middle Tennessee area as nonattainment by operation of 
law with respect to O<INF>3 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 O<INF>3 NAAQS, during 
the period from 1992 through 1994. 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 O<INF>3 
maintenance plan and requested redesignation of the area to attainment 
with respect to the O<INF>3 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 Middle Tennessee 
moderate O<INF>3 nonattainment area meets the five requirements of 
section 107(d)(3)(E) for

[[Page 32387]]

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 O<INF>3 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 for calendar year 1992 through calendar 
year 1994 show an expected exceedance rate of less than 1.0 per year of 
the O<INF>3 NAAQS in the nonattainment area (See 40 CFR 50.9 and 
Appendix H). The area has continued to demonstrate attainment to date. 
Because the nonattainment area has complete quality-assured data 
showing no violations of the O<INF>3 NAAQS over a consecutive three 
calendar year period, the area has met the first component of 
attainment of the O<INF>3 NAAQS. In addition, there have been no 
ambient air exceedances in 1995 or to date in 1996 for O<INF>3. The 
State of Tennessee has also met the second component of attainment of 
the O<INF>3 NAAQS by committing to continue monitoring the moderate 
nonattainment area in accordance with 40 CFR part 58.

2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D of the CAA

    On August 13, 1980, and January 11, 1984, EPA fully approved 
Tennessee's SIP as meeting the requirements of section 110(a)(2) and 
part D of the 1977 CAA (45 FR 53809 and 49 FR 1342). The approved 
control strategy did not result in attainment of NAAQS for O<INF>3 
prior to the 1990 CAA. Additionally, the amended CAA revised section 
182(a)(2)(A), 110(a)(2) and, under part D, revised section 172 and 
added new requirements for all nonattainment areas. Therefore, for 
purposes of redesignation, to meet the requirement that the SIP contain 
all applicable requirements under the CAA, EPA has reviewed the 
Tennessee SIP to ensure that it contains all measures due under the 
amended CAA prior to or at the time the State of Tennessee submitted 
its redesignation request.
    Section 107(d)(3)(E) requires that, for an area to be redesignated, 
an area must have met all applicable requirements under section 110 and 
Part D. The EPA interprets section 107(d)(3)(E)(v) to mean that for a 
redesignation to be approved, the State must have met all requirements 
that applied to the subject area prior to or at the time of the 
submission of a complete redesignation request. Requirements of the CAA 
that come due subsequently continue to be applicable to the area at 
those later dates (see section 175A(c)) and, if the redesignation of 
the area is disapproved, the State remains obligated to fulfill those 
requirements.

A. Section 110 Requirements

    Although section 110 was amended by the CAA, the Tennessee SIP for 
the moderate nonattainment area meets the requirements of amended 
section 110(a)(2). A number of the requirements did not change in 
substance and, therefore, EPA believes that the pre-amendment SIP met 
these requirements. EPA has analyzed the SIP and determined that it is 
consistent with the requirements of amended section 110(a)(2).

B. Part D Requirements

    Before the moderate nonattainment area may be redesignated to 
attainment, the State must have fulfilled the applicable requirements 
of part D. Under part D, an area's classification indicates the 
requirements to which it will be subject. Subpart 1 of part D sets 
forth the basic nonattainment requirements applicable to all 
nonattainment areas, classified as well as nonclassifiable. Subpart 2 
of part D establishes additional requirements for O<INF>3 nonattainment 
areas classified under table 1 of section 181(a). As described in the 
General Preamble for the Implementation of title I, specific 
requirements of subpart 2 may override subpart 1's general provisions 
(57 FR 13501 (April 16, 1992)). The Middle Tennessee nonattainment area 
is classified as moderate (See 56 FR 56694, codified at 40 CFR 81.343). 
Therefore, in order to be redesignated to attainment, the State of 
Tennessee must meet the applicable requirements of subpart 1 of part D, 
specifically sections 172(c) and 176, and is also required to meet the 
applicable requirements of subpart 2 of part D, specifically sections 
182(a) and (b).
a. Subpart 1 of Part D
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under section 172(b), the section 172(c) 
requirements are applicable as determined by the Administrator, but no 
later than 3 years after an area has been designated as nonattainment 
under the amended CAA. Furthermore, as noted above, some of these 
section 172(c) requirements are superseded by more specific 
requirements in subpart 2 of part D. In the case of the Tennessee 
nonattainment area, the State has satisfied all of the section 172(c) 
requirements necessary for the area to be redesignated upon the basis 
of the November 14, 1994, redesignation request.
    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 
Middle Tennessee area was monitoring attainment of the O<INF>3 
standard. Based on a memorandum dated May 10, 1995, from John S. Seitz, 
Director, Office of Air Quality Planning and Standards to the Regional 
Air Division Directors, entitled Reasonable Further Progress, 
Attainment Demonstration, and Related Requirements for Ozone 
Nonattainment Areas Meeting the Ozone National Ambient Air Quality 
Standard, EPA determined on June 22, 1995, effective August 7, 1995, 
that the Middle Tennessee area had attained the O<INF>3 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 O<INF>3 
standard.
    The section 172(c)(3) emissions inventory requirement has been met 
by the submission of the 1990 baseline inventory required under subpart 
2 of part D, section 182(a)(1), which EPA is proposing to approve in 
this action.
    The State of Tennessee has a fully-approved NSR program meeting the 
requirements of section 182(b)(1). Therefore, the section 172(c)(5) 
requirement has been met.
    Section 176(c) of the CAA requires states to revise their SIPs to 
establish criteria and procedures to ensure that Federal actions, 
before they are taken, conform to the air quality planning goals in the 
applicable state SIP. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under Title 23 U.S.C. or the Federal Transit Act 
(``transportation conformity''), as well as to all other Federal 
actions (``general conformity''). Section 176 further provides that the 
conformity revisions to be submitted by states must be consistent with 
Federal conformity regulations that the CAA required EPA to promulgate. 
Congress provided for

[[Page 32388]]

the state revisions to be submitted one year after the date for 
promulgation of final EPA conformity regulations. When that date passed 
without such promulgation, EPA's General Preamble for the 
implementation of Title I informed states that its conformity 
regulations would establish a submittal date [see 57 FR 13498, 13557 
(April 16, 1992)].
    The EPA promulgated final transportation conformity regulations on 
November 24, 1993 (58 FR 62188), and general conformity regulations on 
November 30, 1993 (58 FR 63214). These conformity rules require that 
states adopt both transportation and general conformity provisions in 
the SIP for areas designated nonattainment or subject to a maintenance 
plan approved under CAA section 175A. Pursuant to Sec. 51.396 of the 
transportation conformity rule and Sec. 51.851 of the general 
conformity rule, the State of Tennessee is required to submit SIP 
revisions containing transportation and general conformity criteria and 
procedures consistent with those established in the Federal rule by 
November 25, 1994 and December 1, 1994, respectively. Because the 
deadlines for these submittals had not come due at the time of the 
submission of the redesignation request, they are not applicable 
requirements under section 107(d)(3)(E)(V) and, thus, do not affect 
approval of this redesignation request.
b. Subpart 2 of Part D--Section 182
    The CAA was amended on November 15, 1990, Pub. L. 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q. EPA was required to 
classify O<INF>3 nonattainment areas according to the severity of their 
problem. On November 6, 1991 (56 FR 56694), the Middle Tennessee area 
was designated as moderate O<INF>3 nonattainment. Because the Middle 
Tennessee area is a moderate O<INF>3 nonattainment area, it is required 
to have met the requirements of sections 182(a), (b), and (f) of the 
CAA. EPA has analyzed the SIP and determined which requirements have 
been met and for which requirements further action is required. In the 
instances where further action is required, SIP revisions meeting those 
requirements must be fully approved in order for EPA to find that all 
the applicable requirements of the CAA have been met. Thus, final 
approval of this redesignation is contingent upon the final approval of 
the additional SIP submittals described below.
(1) Section 182(a)(1)--Emissions Inventory
    Section 182(a)(1) of the CAA required an inventory of all actual 
emissions from all sources, as described in section 172(c)(3) to be 
submitted by November 15, 1992. On November 15, 1993, the State 
submitted an emission inventory for the Middle Tennessee area. EPA is 
proposing to approve the inventory in this document. Final approval of 
this redesignation is contingent on final approval of the emissions 
inventory.
(2) Section 182(a)(2), 182(b)(2)--Reasonably Available Control 
Technology (RACT)
    The 1990 CAA amended section 182(a)(2)(A), and Congress statutorily 
adopted the requirement that O<INF>3 nonattainment areas correct their 
deficient RACT rules for O<INF>3 (RACT Fix-ups). Areas designated 
nonattainment before amendment of the CAA and which retained that 
designation and were classified as marginal or above as of enactment 
are required to meet the RACT Fix-ups requirement. Under section 
182(a)(2)(A), those areas were required by May 15, 1991, to correct 
RACT regulations as required under pre-amendment guidance.<SUP>1 The 
SIP call letters interpreted that guidance and indicated corrections 
necessary for specific nonattainment areas. The Middle Tennessee area 
was previously subject to RACT requirements for ozone. Therefore, this 
area is subject to the RACT Fix-ups requirement and the May 15, 1991, 
deadline. The State submitted revisions to the Tennessee SIP addressing 
the RACT Fix-ups to EPA on June 25, 1992, and March 22, 1993. EPA 
approved these revisions on April 18, 1994 (59 FR 18310).
---------------------------------------------------------------------------

    \1\ Among other things, the pre-amendment guidance consists of 
the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24, 
1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies and Deviations, Clarification to Appendix D of November 
24, 1987 Federal Register Notice'' (of which notice of availability 
was published in the Federal Register on May 25, 1988); and the 
existing Control Technology Guidelines (CTGs).
---------------------------------------------------------------------------

    The 1990 CAA also amended section 182(b)(2) which required RACT on 
all major sources of VOCs for O<INF>3 nonattainment areas designated 
moderate and above (RACT Catch-ups) by November 15, 1992. The RACT 
Catch-ups provision required the State to submit a revision to the SIP 
to implement RACT on: (1) Each category of VOC sources in the area 
covered by a control technique guideline (CTG) document issued between 
the enactment of the 1990 CAA and the date of attainment (which is not 
an applicable requirement for purposes of this redesignation since the 
due date for these rules is November 15, 1994, a date after the 
submission of the redesignation request); (2) all VOC sources in the 
area covered by any CTG issued before the date of the 1990 CAA; and (3) 
all other major stationary sources of VOCs that are located in the 
area.
    Tennessee submitted SIP revisions to correct deficiencies in the 
VOC regulations to EPA on May 18, 1993. The approval of these SIP 
revisions, including several revisions that were conditionally 
approved, was published in the Federal Register on February 27, 1995 
(60 FR 10504). The approval became effective on April 28, 1995. Action 
to give final approval of the Tennessee RACT Catch-up provisions must 
be taken at the time or prior to final approval of this redesignation.
(3) Section 182(a)(3)--Emissions Statements
    Section 182(a)(3) of the CAA required that the SIP be revised by 
November 15, 1992, to require stationary sources of oxides of nitrogen 
(NO<INF>x) and VOCs to provide the State with a statement showing 
actual emission each year. Tennessee submitted SIP revisions to EPA on 
May 18, 1993, regarding the VOC emissions statements that were 
conditionally approved on February 27, 1995, and a pre-hearing revision 
regarding the NO<INF>X emissions statements on October 17, 1994. The 
State has officially submitted revisions for approval in the Tennessee 
SIP that will satisfy the NO<INF>X and VOC emissions statements 
requirement upon approval under a separate action. Final action 
regarding the Tennessee Emissions Statements regulations must be taken 
at the time or prior to final approval of this redesignation. Approval 
of this redesignation is contingent upon approval of the emissions 
statements regulations.
(4) Section 182(b)(1)--15% Progress Plans
    Section 182(b)(1) of the CAA required states to submit a revision 
to the SIP by November 15, 1993, to provide for VOC emission reductions 
by November 15, 1996, of at least 15% from baseline emissions 
accounting for any growth in emissions after the date of enactment of 
the CAA. The State submitted a plan on November 12, 1993, which was 
found to be incomplete by EPA on April 1, 1994. However, the State of 
Tennessee submitted this redesignation request on November 14, 1994, 
which demonstrated that the Middle Tennessee area was monitoring 
attainment of the O<INF>3 standard. Based on

[[Page 32389]]

a memorandum dated May 10, 1995, from John S. Seitz, Director, Office 
of Air Quality Planning and Standards to the Regional Air Division 
Directors, entitled Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment Areas 
Meeting the Ozone National Ambient Air Quality Standard, EPA determined 
on June 22, 1995, effective August 7, 1995, that the Middle Tennessee 
area had attained the O<INF>3 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 O<INF>3 standard.
(5) Section 182(b)(1)--New Source Review (NSR)
    The CAA required all classified nonattainment areas to meet several 
requirements regarding NSR, including provisions to ensure that 
increased emissions of VOCs compounds will not result from any new or 
major source modifications and a general offset rule. The State 
submitted a NSR rule on August 17, 1994, to incorporate VOC and 
NO<INF>X permit review requirements for new and modified sources in 
Tennessee's O<INF>3 nonattainment areas. The revised permit 
requirements meet new offset ratios and additional provisions for 
moderate O<INF>3 nonattainment areas. EPA approved this rule on 
February 10, 1995 (60 FR 7913), giving Tennessee a fully approved NSR 
program. (EPA notes that under the policy announced in the memorandum, 
``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' dated October 14, 1994, from 
Mary D. Nichols to Air Division Directors 1-10, approval of the NSR 
submittal is not necessarily required for approval of a redesignation.)
    In addition, EPA provided comments regarding proposed revisions to 
Tennessee's prevention of significant deterioration (PSD) rule on April 
25, 1994. However, the State has not officially submitted these 
revisions for approval in the Tennessee SIP. Final action regarding the 
Tennessee PSD rule must be taken at the time or prior to final approval 
of this redesignation. Approval of this redesignation is contingent 
upon approval of the PSD rule.
(6) Section 182(b)(3)--Stage II
    Section 182(b)(3) of the CAA required moderate areas to implement 
Stage II gasoline vapor recovery systems unless and until EPA 
promulgated onboard vapor recovery (OBVR) regulations. On January 24, 
1994, EPA promulgated the OBVR rule. As 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, with an effective date 
of April 10, 1995.
(7) 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, with an 
effective date of September 26, 1995.
(8) Section 182(f)--Oxides of Nitrogen (NO<INF>X) Requirements
    Section 182(f) of the CAA requires states with areas designated 
nonattainment for O<INF>3 and classified as moderate and above to 
impose the same control requirements for major stationary sources of 
NO<INF>X as apply to major stationary sources of volatile organic 
compounds (VOCs). These control requirements, NO<INF>X RACT and 
NO<INF>X NSR, were to be submitted to EPA in a SIP revision by November 
15, 1992. Tennessee submitted a request for an exemption from the 
182(f) requirements on March 21, 1995. EPA is in the process of 
approving this exemption. Final action regarding the Tennessee 182(f) 
exemption must be taken at the time or prior to final approval of this 
redesignation. Approval of this redesignation is contingent upon 
approval of the 182(f) exemption.
    In addition, NO<INF>X reductions were obtained from two sources 
prior to the Middle Tennessee area attaining the O<INF>3 standard. The 
State must submit the permits for approval by EPA, as well as any other 
permits or regulations from which the area obtained reductions in order 
to attain the O<INF>3 standard or project maintenance of the standard. 
Final action regarding the Tennessee NO<INF>X permits and regulations 
must be taken at the time or prior to final approval of this 
redesignation. Approval of this redesignation is contingent upon 
approval of the NO<INF>X permits and regulations.

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 will have a fully approved O<INF>3 SIP under 
section 110(k) for the moderate nonattainment area if EPA approves SIP 
submissions regarding the emissions inventory, emissions statements, 
VOC RACT catch-ups, and NO<INF>X 182(f) exemption, permits, and 
regulations. Final action will be taken prior to or at the same time as 
final approval of this redesignation.

4. The Air Quality Improvement Must Be Permanent and Enforceable

    Several control measures have come into place since the Middle 
Tennessee nonattainment area violated the O<INF>3 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%).
    In association with its emission inventory discussed below, the 
State of Tennessee has demonstrated that actual enforceable emission 
reductions are responsible for the air quality improvement and that the 
VOC emissions in the base year are not artificially low due to local 
economic downturn. EPA finds that the combination of existing EPA-
approved state and federal measures contribute to the permanence and 
enforceability of reduction in ambient O<INF>3 levels that have allowed 
the area to attain the NAAQS.

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 proposing approval of the State of 
Tennessee's maintenance plan for the Middle Tennessee nonattainment 
area because

[[Page 32390]]

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, NO<INF>X, and CO emissions from the 
Middle Tennessee 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 O<INF>3 standard during 1990. Therefore, 1994 will be used 
as the base year for this redesignation. A summary of the 1990 baseline 
inventories as well as the 1994 base year and projected maintenance 
year inventories is included in this document. This document proposes 
approval of the 1990 baseline inventory and the 1994 base year 
inventory for the Middle Tennessee area.

                                            Summary of VOC Emissions                                            
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                        1990         1994         1996         1999         2002         2006   
----------------------------------------------------------------------------------------------------------------
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
Total.............................       263.14       188.31       167.61       169.91       174.49       181.57
----------------------------------------------------------------------------------------------------------------


                                            Summary of NO<INF>X Emissions                                            
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                        1990         1994         1996         1999         2002         2006   
----------------------------------------------------------------------------------------------------------------
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
Total.............................       267.49       290.24       221.35       225.00       229.31       241.61
----------------------------------------------------------------------------------------------------------------


                                             Summary of CO Emissions                                            
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                        1990         1994         1996         1999         2002         2006   
----------------------------------------------------------------------------------------------------------------
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
Total.............................       965.74       842.33       695.65       656.55       651.22       666.43
----------------------------------------------------------------------------------------------------------------

B. Demonstration of Maintenance--Projected Inventories

    Total VOC and NO<INF>X 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 NO<INF>X 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 O<INF>3 NAAQS in the Middle Tennessee 
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 
NO<INF>X emissions every five years. The contingency plan for the 
Middle Tennessee area is triggered by three indicators; a violation of 
the O<INF>3 NAAQS, the monitored ambient levels of O<INF>3 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 NO<INF>X emissions has 
increased above the attainment level in 1994 by ten percent or more.

D. Contingency Plan

    The level of VOC and NO<INF>X emissions in the Middle Tennessee 
area will largely determine its ability to stay in compliance with the 
O<INF>3 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 O<INF>3 air quality problem. In 
the case of a violation of the O<INF>3 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 NO<INF>X sources from 100 tons per year 
(tpy) to 50 tpy, and application of RACT on sources covered by new CTG 
categories. 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

[[Page 32391]]

revised SIP will provide for maintenance for an additional ten years.

Proposed Action

    EPA proposes approval of the State of Tennessee's request to 
redesignate to attainment the Middle Tennessee O3 nonattainment area, 
and the Middle Tennessee and maintenance plan contingent upon a full 
and final approval of the outstanding requirements discussed above 
(emissions inventory, RACT catch-ups, emissions statements, and 
NO<INF>X requirements). EPA also proposes to approve the 1990 baseline 
inventory and the 1994 base year inventory for the Middle Tennessee 
nonattainment area.
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a 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.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 107(d)(3)(E) of 
the CAA. These rules may bind State, local and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. EPA has examined whether the rules being proposed for 
approval by this action would impose any new requirements. Since such 
sources are already subject to these regulations under State law, no 
new requirements are imposed by this proposed approval. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action, and therefore there will be no 
significant impact on a substantial number of small entities.
    Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: June 13, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-16022 Filed 6-21-96; 8:45 am]
BILLING CODE 6560-50-P