32386 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM10).

The ‘‘moderate’’ area SIP was submitted

by the State to satisfy certain Federal

requirements in the Clean Air Act

(CAA) for an approvable nonattainment

area PM10 plan for the MLPA.

The intended effect of proposing

approval of this plan is to regulate

emissions of PM10 in accordance with

the requirements of the CAA, as

amended in 1990.

DATES: Comments on this proposed rule

must be received in writing by July 24,

1996.

ADDRESSES: Comments should be

submitted to Stephanie Valentine (A–2–

2) at U. S. Environmental Protection

Agency, Region 9, Air and Toxics

Division, 75 Hawthorne Street, San

Francisco, CA 94105.

Copies of the State’s submittal and

other information are contained in the

docket for this rulemaking. The docket

is available for inspection during

normal business hours at the following

locations:

U.S. Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

California Air Resources Board, 2020 L

Street, P.O. Box 2815, Sacramento, CA

95814.

Great Basin Unified Air Pollution

Control District, 157 Short Street,

Suite 6, Bishop, CA 93514.

FOR FURTHER INFORMATION CONTACT:

Stephanie G. Valentine (A–2–2), U.S.

Environmental Protection Agency,

Region 9, Air and Toxics Division, 75

Hawthorne Street, San Francisco, CA

94105, (415) 744–1178.

SUPPLEMENTARY INFORMATION: This

document concerns the PM10 Plan for

the Mammoth Lakes Planning Area,

submitted to EPA on September 11,

1991 by the California Air Resources

Board. For further information, please

see the information provided in the

Direct Final action which is located in

the Rules Section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 31, 1996.

Felicia Marcus,

Regional Administrator.

[FR Doc. 96–15906 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

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 (O3). 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 O3 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 O3 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 O3

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 O3 maintenance

plan and requested redesignation of the

area to attainment with respect to the O3

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 O3

nonattainment area meets the five

requirements of section 107(d)(3)(E) for
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 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 O3

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 O3 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 O3 NAAQS

over a consecutive three calendar year

period, the area has met the first

component of attainment of the O3

NAAQS. In addition, there have been no

ambient air exceedances in 1995 or to

date in 1996 for O3. The State of

Tennessee has also met the second

component of attainment of the O3

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 O3 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 preamendment 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

O3 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 O3 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 O3

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 O3

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 fullyapproved 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
32388 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

1Among 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 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

§ 51.396 of the transportation

conformity rule and § 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 O3

nonattainment areas according to the

severity of their problem. On November

6, 1991 (56 FR 56694), the Middle

Tennessee area was designated as

moderate O3 nonattainment. Because

the Middle Tennessee area is a moderate

O3 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 O3

nonattainment areas correct their

deficient RACT rules for O3 (RACT Fixups). 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 preamendment guidance.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).

The 1990 CAA also amended section

182(b)(2) which required RACT on all

major sources of VOCs for O3

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 (NOx) 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 NOX emissions statements

on October 17, 1994. The State has

officially submitted revisions for

approval in the Tennessee SIP that will

satisfy the NOX 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 O3 standard. Based on
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 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 O3

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 O3

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 NOX permit review requirements

for new and modified sources in

Tennessee’s O3 nonattainment areas.

The revised permit requirements meet

new offset ratios and additional

provisions for moderate O3

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

(NOX) Requirements

Section 182(f) of the CAA requires

states with areas designated

nonattainment for O3 and classified as

moderate and above to impose the same

control requirements for major

stationary sources of NOX as apply to

major stationary sources of volatile

organic compounds (VOCs). These

control requirements, NOX RACT and

NOX 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, NOX reductions were

obtained from two sources prior to the

Middle Tennessee area attaining the O3

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 O3 standard or project

maintenance of the standard. Final

action regarding the Tennessee NOX

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 NOX 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 O3 SIP under section 110(k)

for the moderate nonattainment area if

EPA approves SIP submissions

regarding the emissions inventory,

emissions statements, VOC RACT catchups, and NOX 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 O3

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 O3 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
32390 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

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, NOX, 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 O3 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 NOX 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 NOX 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 NOX 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 O3

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 NOX emissions every five years.

The contingency plan for the Middle

Tennessee area is triggered by three

indicators; a violation of the O3 NAAQS,

the monitored ambient levels of O3

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 NOX emissions has

increased above the attainment level in

1994 by ten percent or more.

D. Contingency Plan

The level of VOC and NOX emissions

in the Middle Tennessee area will

largely determine its ability to stay in

compliance with the O3 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 O3 air quality problem.

In the case of a violation of the O3

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 NOX 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
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 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 NOX

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

40 CFR Part 70

[MI001; FRL–5524–6]

Proposed Interim Approval of the

Operating Permits Program; Michigan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed interim approval.

SUMMARY: The EPA proposes interim

approval of the Operating Permits

Program submitted by the State of

Michigan for the purpose of complying

with Federal requirements for an

approvable State program to issue

operating permits to all major stationary

sources, and to certain other sources,

with the exception of sources on Indian

lands.

DATES: Comments on this proposed

action must be received in writing by

July 24, 1996.

ADDRESSES: Written comments should

be addressed to: Robert Miller, Chief,

Permits and Grants Section (AR–18J),

EPA, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State’s submittal and

other supporting information used in

developing the proposed interim

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, Air

and Radiation Division (AR–18J), 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Beth

Valenziano, Permits and Grants Section

(AR–18J), EPA, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 886–2703. E-mail address:

valenziano.beth@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the Clean

Air Act (Act) as amended (1990), EPA

has promulgated rules which define the

minimum elements of an approvable

State operating permits program and the

corresponding standards and

procedures by which EPA will approve,

oversee, and withdraw approval of State

operating permits programs. See 57 FR

32250 (July 21, 1992). These rules are

codified at 40 Code of Federal

Regulations (CFR) part 70. Title V

requires States to develop, and submit

to EPA, programs for issuing these

operating permits to all major stationary

sources and to certain other sources.

The Act requires that States develop

and submit these programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within 1 year after receiving the

submittal. If the State’s submission is

materially changed during the 1-year

review period, 40 CFR 70.4(e)(2) allows

EPA to extend the review period for no

more than 1 year following receipt of

the additional material. The EPA

received material changes to Michigan’s

May 16, 1995 submittal on July 20,

1995, and therefore considers EPA’s

review period to begin from the latter

date.

The EPA’s program review occurs

pursuant to section 502 of the Act and

the part 70 regulations, which together

outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not

fully approved a program by 2 years

after the November 15, 1993 date, or by

the end of an interim program, it must

establish and implement a Federal

program.