Approval and Promulgation of Implementation Plans; Tennessee: Memphis/Shelby County Area Second 10-Year Maintenance Plan for the Carbon Monoxide National Ambient Air Quality Standard, 62384-62388 [E6-17854]
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
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BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0531–200618(a);
FRL–8233–8]
Approval and Promulgation of
Implementation Plans; Tennessee:
Memphis/Shelby County Area Second
10-Year Maintenance Plan for the
Carbon Monoxide National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving a revision to
the Tennessee State Implementation
Plan (SIP) submitted in final form on
May 17, 2006. The SIP revision provides
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the second 10-year maintenance plan for
the Memphis/Shelby County Carbon
Monoxide (CO) Maintenance Area. The
second 10-year maintenance plan
includes a new motor vehicle emission
budget (MVEB) for CO for the year 2017.
EPA is approving this SIP revision,
including the new 2017 MVEB for CO,
because it satisfies the requirement of
the Clean Air Act (CAA) for the second
10-year maintenance plan for the
Memphis/Shelby County Area.
In addition, in this rulemaking, EPA
is providing information on its
transportation conformity adequacy
determination for the new MVEB for the
year 2017 that is contained in the
second 10-year CO maintenance plan for
the Memphis/Shelby County Area.
DATES: This rule is effective on
December 26, 2006 without further
notice, unless EPA receives adverse
comments by November 24, 2006. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2006–0531, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: louis.egide@epa.gov, or
benjamin.Lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2006–
0531’’, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Egide
Louis, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No.: ‘‘EPA–R04–OAR–2006–
0531’’. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
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whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Dr.
Egide Louis of the Regulatory
Development Section or Ms. Lynorae
Benjamin of the Air Quality Modeling
and Transportation Section at the Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
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Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Dr.
Louis’s telephone number is (404) 562–
9240. He can be reached also via
electronic mail at louis.egide@epa.gov.
Ms. Benjamin’s telephone number is
(404) 562–9040 and her electronic mail
is benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for This Action?
II. What Is EPA’s Analysis of the Memphis/
Shelby County Area’s Second 10-Year
Maintenance Plan?
III. What Is EPA’s Action on the Memphis/
Shelby County Area’s Second 10-Year
Maintenance Plan?
IV. What Is an Adequacy Determination and
What Is EPA’s Adequacy Determination
for the Memphis/Shelby County Area’s
New MVEBs for the Year 2017?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is the Background for This
Action?
In 1992, based on measured air
quality data, the Memphis/Shelby
County Area was able to demonstrate
attainment with the CO National
Ambient Air Quality Standard (NAAQS)
due to numerous control measures
implemented in the Memphis/Shelby
County Area. As a result of the
measured air quality data, Tennessee
petitioned EPA for redesignation of this
Area to attainment for CO. EPA
redesignated the Memphis/Shelby
County Area to attainment based on the
measured air quality data and a 10-year
maintenance plan submitted for the
Memphis/Shelby County Area on July
26, 1994 (59 FR 37939).
The air quality maintenance plan is a
requirement of the 1990 CAA
amendments for nonattainment areas
that come into compliance with the
NAAQS and request redesignation, to
assure their continued maintenance of
that standard. Eight years after
redesignation to attainment, section
175A(b) of the CAA requires the state to
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for the 10
years following the initial 10-year
period (this is known as the second 10year maintenance plan). The second 10year maintenance plan updates the
original 10-year CO maintenance plan
for the next 10-year period. Thus,
pursuant to the CAA section 175A(b),
Tennessee was required to submit the
second 10-year maintenance plan for the
Memphis/Shelby County Area
demonstrating that it would continue to
attain the CO NAAQS in this area
through at least 2014.
II. What Is EPA’s Analysis of the
Memphis/Shelby County Area’s Second
10-Year Maintenance Plan?
On May 17, 2006, the State of
Tennessee, through the Tennessee
Department of Environment and
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Conservation (TDEC), Air Pollution
Control Division, submitted a SIP
revision to EPA that provided for the
second 10-year maintenance plan for the
Memphis/Shelby County Area as
required by section 175A(b) of the CAA.
This second 10-year maintenance plan
for the Memphis/Shelby County Area
includes a new CO emission inventory
for 1990 which reflects emission
controls applicable for the Memphis/
Shelby County Area, and actual and
projected emissions for 1990, 2002,
2007, and 2017. The SIP revision also
establishes a new MVEB for CO for 2017
for the Memphis/Shelby County Area.
The emission reduction measures for
CO emissions implemented in the
Memphis/Shelby County Area from
1990 to 2002, and control measures that
are projected to occur between 2007 and
2017 are accounted for in the 1990
emission inventory and projected
emissions estimates. Tables 1 and 2
provide emissions data and projections
for CO with and without the use of an
inspection and maintenance (I&M)
program, respectively. The on-road
mobile portion of the data was
calculated with MOBILE6.2. The
difference between the 1990 mobile
source base year emissions for this
maintenance plan and the initial
maintenance plan are primarily a result
of a change in the mobile emissions
factor model (e.g., MOBILE6.2) that was
used to develop these emissions.
TABLE 1.—MEMPHIS/SHELBY CARBON MONOXIDE AREA—EMISSION INVENTORY AND PROJECTED CO EMISSIONS
(1990–2017)—WITH I&M PLAN
[Tons per day]
Year
1990
2002
2007
2017
Non-road
mobile
Area
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
10.14
7.03
7.42
8.08
100.83
115.67
125.85
138.84
On-road
mobile with
I&M
893.76
615.98
441.15
327.88
Point
22.77
14.53
15.35
16.56
Total
1027.50
753.21
589.77
491.36
TABLE 2.—MEMPHIS/SHELBY COUNTY CARBON MONOXIDE AREA—EMISSION INVENTORY AND PROJECTED CO EMISSIONS
(1990–2017)—WITHOUT I&M PLAN
[Tons per day]
Year
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1990
2002
2007
2017
Area
.........................................................
.........................................................
.........................................................
.........................................................
10.14
7.03
7.42
8.08
The attainment level of emissions is
the level of emissions during one of the
years in which the area met the NAAQS.
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On-road
mobile without
I&M
Non-road
mobile
100.83
115.67
125.85
138.84
893.76
654.37
492.13
383.33
Since 1990, the Memphis/Shelby
County Area has not violated the CO
standard for the 8-hour average
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Point
Total
22.77
14.53
15.35
16.56
1027.50
791.60
640.75
546.81
Safety margin
based on 1990
emissions
n/a
235.90
386.75
480.69
concentration as shown by monitoring
data in Table 3. The data also show a
consistent downward trend in CO levels
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as a result in part of the Federal Motor
Vehicle Control Program. In this SIP
revision, the emissions from the year
1990 are used to calculate a new
attainment emissions level for the
Memphis/Shelby County Area. The
emissions from point, area, non-road,
and mobile sources in 1990 equal
1027.50 tons per day (tpd) of CO. These
emission calculations were made using
the MOBILE6.2 model and the most
recent version of the nonroad model.
The projected emissions, with and
without I&M, are lower than the
attainment level of emissions, thus
demonstrating continued maintenance
of the CO NAAQS.
TABLE 3.—SUMMARY OF MEMPHIS/
SHELBY COUNTY AREA CARBON
MONOXIDE MONITORING DATA
TABLE 3.—SUMMARY OF MEMPHIS/
SHELBY COUNTY AREA CARBON
MONOXIDE MONITORING DATA—
Continued
[In parts per million]
Year
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Second highest CO 8-hr
average
value 1
CO 8-hr
NAAQS
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
9.0
9.0
9.0
9.0
9.0
9.0
9.0
9.0
9.0
9.0
9.0
8.5
8.0
6.2
6.3
5.2
5.4
4.9
4.4
4.3
3.5
2.9
The safety margin is the difference
between the attainment level of
emissions (from all sources) and the
Second highest CO 8-hr
projected level of emissions (from all
average
sources) in the maintenance plan. The
value 1
safety margin credit, or a portion
8.8 thereof, can be allocated to the
6.4 transportation sector, however, the total
8.2 emission level must stay below the
[In parts per million]
Year
1990 ..........
1991 ..........
1992 ..........
CO 8-hr
NAAQS
9.0
9.0
9.0
attainment level. The safety margin for
CO was calculated as the difference
between these amounts or, in this case,
480.69 tpd for 2017. The emissions are
projected to maintain the Memphis/
Shelby County Area’s air quality
consistent with the CO NAAQS.
Maintenance plans and other control
strategy SIPs create MVEBs for criteria
pollutants and/or their precursors to
address pollution from cars and trucks.
The MVEB is the portion of the total
allowable emissions that is allocated to
highway and transit vehicle use and
emissions. The MVEB serves as a ceiling
on emissions from an area’s planned
transportation system.
The MVEB concept is further
explained in the preamble to the
November 24, 1993, Transportation
Conformity Rule (58 FR 62188). The
preamble also describes how to
establish and revise MVEBs in a SIP. In
this SIP revision, the Memphis/Shelby
County Area used MOBILE6.2 to
establish a MVEB for CO for the year
2017. The State of Tennessee has chosen
to allocate 95% of the safety margin
(i.e., 456.66 tpd) to the transportation
section. This MVEB is listed in Table 4.
TABLE 4.—MEMPHIS/SHELBY COUNTY CARBON MONOXIDE MAINTENANCE AREA MVEB WITH SAFETY MARGIN INCLUDED
2017 Projected
on-road emissions
(tons per day)
CO ..............................................................................................................................
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The MVEB presented in Table 4 is
directly reflective of the combined onroad (or ‘‘highway’’) emissions for the
Memphis/Shelby County Area for CO,
plus an allocation from the available
safety margin (95%). After allocation of
the safety margin to the MVEB, the
remaining safety margin for future
allocation is 24.03 tpd. In summary, the
new CO MVEB for the year 2017 is
839.99 tpd.
III. What Is EPA’s Action on the
Memphis/Shelby County Area’s Second
10-Year Maintenance Plan?
EPA is approving Tennessee’s SIP
revision pertaining to the Memphis/
Shelby County Area’s second 10-year
maintenance plan for CO. Approval of
the maintenance plan for Memphis/
Shelby County Area is appropriate,
because the State of Tennessee has
demonstrated that the plan meets the
requirements of section 175A as
described fully in this rulemaking.
Additionally, EPA is finding adequate
and approving the new 2017 MVEB,
submitted by Tennessee for Memphis/
Shelby County, in conjunction with its
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Allocated safety
margin
2017 MVEB with
safety margin
383.33
456.66
839.99
maintenance plan update. Within 24
months from the effective date of this
action, the transportation partners will
need to demonstrate conformity to this
new MVEB pursuant to 40 CFR
93.104(e).
IV. What Is an Adequacy Determination
and What Is EPA’s Adequacy
Determination for the Memphis/Shelby
County Area’s New MVEB for the Year
2017?
Under Section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the State’s air quality plan
that addresses pollution from cars and
trucks. ‘‘Conformity’’ to the SIP means
that transportation activities will not
cause new air quality violations, worsen
existing violations, or delay timely
attainment of the NAAQS. Under the
transportation conformity rule, at 40
CFR part 93, projected emissions from
transportation plans and programs must
be equal to or less than MVEBs for the
area. If a transportation plan does not
‘‘conform,’’ most new projects that
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would expand the capacity of roadways
cannot go forward. Regulations at 40
CFR part 93 set forth EPA policy,
criteria and procedures for
demonstrating and assuring conformity
of such transportation activities to a SIP.
Until MVEBs in a SIP submittal are
approved by EPA, they cannot be used
for transportation conformity purposes
unless EPA makes an affirmative finding
that the MVEBs contained therein are
‘‘adequate.’’ Once EPA affirmatively
finds the submitted MVEBs adequate for
transportation conformity purposes,
those MVEBs can be used by the State
and Federal agencies in determining
whether proposed transportation
projects ‘‘conform’’ to the SIP even
though the approval of the SIP revision
containing those MVEBs has not yet
been finalized. EPA’s substantive
criteria for determining ‘‘adequacy’’ of
MVEBs in submitted SIPs are set out in
EPA’s Transportation Conformity Rule
at 40 CFR 93.118(e)(4).
EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
public notification of a SIP submission,
a public comment period, and EPA’s
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adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
follows this guidance and rulemaking in
making its adequacy determinations.
Memphis/Shelby County Area’s
second 10-year maintenance plan
submission contained a new MVEB for
the year 2017. The availability of the SIP
submission with the 2017 MVEB was
announced for public comment on
EPA’s adequacy Web page on June 6,
2006, at: https://www.epa.gov/otaq/
stateresources/transconf/currsips.htm.
The adequacy comment period for this
MVEB closed on July 6, 2006. No
requests for the submittal or adverse
comments were received during EPA’s
Adequacy Public Comment Period.
Through this rulemaking, EPA is
finding adequate this 2017 MVEB for
use to determine transportation
conformity because this MVEB meets
the adequacy criteria contained in the
Transportation Conformity Rule. The
2017 MVEB for CO for the Memphis/
Shelby County Area is 839.99 tpd.
V. Final Action
EPA is approving the aforementioned
changes to the SIP. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments.
However, in the proposed rules section
of this Federal Register publication,
EPA is publishing a separate document
that will serve as the proposal to
approve the SIP revision should adverse
comments be filed. This rule will be
effective December 26, 2006 without
further notice unless the Agency
receives adverse comments by
November 24, 2006.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
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at this time. If no such comments are
received, the public is advised that this
rule will be effective on December 26,
2006 and no further action will be taken
on the proposed rule.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
affects the status of a geographical area,
does not impose any new requirements
on sources or allow a state to avoid
adopting or implementing other
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
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April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 26, 2006. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Ozone,
Reporting and recordkeeping
requirements.
E:\FR\FM\25OCR1.SGM
25OCR1
62388
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations
Dated: October 6, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
table for ‘‘Carbon Monoxide Second 10–
Year Maintenance Plan for the
Memphis/Shelby County Area’’ to read
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
40 CFR part 52, is amended as
follows:
I
Authority: 42 U.S.C. 7401 et seq.
§ 52.2220
Subpart RR—Tennessee
*
2. Section 52.2220(e) is amended by
adding a new entry at the end of the
I
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic
or nonattainment area
Name of nonregulatory SIP provision
State effective
date
*
*
*
*
Carbon Monoxide Second 10-Year Maintenance Memphis/Shelby ..........
Plan for the Memphis/Shelby County Area.
[FR Doc. E6–17854 Filed 10–24–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2004–0022; FRL–8233–9]
RIN 2050–AG33
NESHAP: National Emission Standards
for Hazardous Air Pollutants:
Standards for Hazardous Waste
Combustors (Amendment)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is amending the
effective date of the standard for
particulate matter for new cement kilns
that burn hazardous waste. EPA
promulgated this standard as part of the
national emission standards for
hazardous air pollutants (NESHAP) for
hazardous waste combustors that were
issued on October 12, 2005, under
section 112 of the Clean Air Act. EPA
agreed to reconsider the standard and
proposed to change it on March 23,
2006 (71 FR 14665). This amendment
suspends the obligation of new cement
*
5/10/2006
NAICS code
SIC code
Industry .........................................................................
Federal government .....................................................
State/local/tribal government ........................................
327310
........................
........................
3241
........................
........................
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
impacted by this action. This table lists
examples of the types of entities EPA is
now aware could potentially be
VerDate Aug<31>2005
15:06 Oct 24, 2006
Jkt 211001
Frm 00012
Fmt 4700
Sfmt 4700
*
Center telephone number is (202) 566–
1742. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744.
A reasonable fee may be charged for
copying docket materials.
Note: The EPA Docket Center suffered
damage due to flooding during the last week
of June 2006. The Docket Center is
continuing to operate. However, during the
cleanup, there will be temporary changes to
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to visit the Public Reading Room to view
documents. Consult EPA’s Federal Register
notice at 71 FR 38147 (July 5, 2006) or the
EPA Web site at
https://www.epa.gov/epahome/dockets.htm
for current information on docket status,
locations and telephone numbers.
For
more information on this rulemaking,
contact Frank Behan at (703) 308–8476,
or behan.frank@epa.gov, Office of Solid
Waste (MC: 5302P), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC. 20460.
FOR FURTHER INFORMATION CONTACT:
Regulated
Entities. The regulated categories and
entities affected by the NESHAP
include:
SUPPLEMENTARY INFORMATION:
Examples of regulated entities
Cement manufacturing, clinker production.
Not affected.
Not affected.
regulated by this action. Other types of
entities not listed could also be affected.
To determine whether your facility,
company, business, organization, etc., is
affected by this action, you should
examine the applicability criteria in 40
PO 00000
Explanation
*
10/25/2006 [Insert first
page of publication].
kilns to comply with the particulate
matter standard until EPA takes final
action on this proposal. This
amendment does not affect other
standards applicable to new or existing
hazardous waste burning cement kilns.
DATES: The final rule is effective on
October 25, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2004–0022. All
documents in the docket are listed on
https://www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the HQ EPA Docket Center, Docket ID
No. EPA–HQ–OAR–2004–0022, EPA
West Building, Room B–102, 1301
Constitution Ave., NW., Washington,
DC 20004 (See note below). This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The HQ EPA Docket
Category
mstockstill on PROD1PC61 with RULES
EPA approval date
CFR 63.1200. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Rules and Regulations]
[Pages 62384-62388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17854]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0531-200618(a); FRL-8233-8]
Approval and Promulgation of Implementation Plans; Tennessee:
Memphis/Shelby County Area Second 10-Year Maintenance Plan for the
Carbon Monoxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Tennessee State
Implementation Plan (SIP) submitted in final form on May 17, 2006. The
SIP revision provides the second 10-year maintenance plan for the
Memphis/Shelby County Carbon Monoxide (CO) Maintenance Area. The second
10-year maintenance plan includes a new motor vehicle emission budget
(MVEB) for CO for the year 2017. EPA is approving this SIP revision,
including the new 2017 MVEB for CO, because it satisfies the
requirement of the Clean Air Act (CAA) for the second 10-year
maintenance plan for the Memphis/Shelby County Area.
In addition, in this rulemaking, EPA is providing information on
its transportation conformity adequacy determination for the new MVEB
for the year 2017 that is contained in the second 10-year CO
maintenance plan for the Memphis/Shelby County Area.
DATES: This rule is effective on December 26, 2006 without further
notice, unless EPA receives adverse comments by November 24, 2006. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0531, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: louis.egide@epa.gov, or benjamin.Lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2006-0531'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Egide Louis, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No.: ``EPA-R04-OAR-
2006-0531''. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis of the Regulatory
Development Section or Ms. Lynorae Benjamin of the Air Quality Modeling
and Transportation Section at the Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
[[Page 62385]]
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Dr.
Louis's telephone number is (404) 562-9240. He can be reached also via
electronic mail at louis.egide@epa.gov. Ms. Benjamin's telephone number
is (404) 562-9040 and her electronic mail is benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for This Action?
II. What Is EPA's Analysis of the Memphis/Shelby County Area's
Second 10-Year Maintenance Plan?
III. What Is EPA's Action on the Memphis/Shelby County Area's Second
10-Year Maintenance Plan?
IV. What Is an Adequacy Determination and What Is EPA's Adequacy
Determination for the Memphis/Shelby County Area's New MVEBs for the
Year 2017?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
In 1992, based on measured air quality data, the Memphis/Shelby
County Area was able to demonstrate attainment with the CO National
Ambient Air Quality Standard (NAAQS) due to numerous control measures
implemented in the Memphis/Shelby County Area. As a result of the
measured air quality data, Tennessee petitioned EPA for redesignation
of this Area to attainment for CO. EPA redesignated the Memphis/Shelby
County Area to attainment based on the measured air quality data and a
10-year maintenance plan submitted for the Memphis/Shelby County Area
on July 26, 1994 (59 FR 37939).
The air quality maintenance plan is a requirement of the 1990 CAA
amendments for nonattainment areas that come into compliance with the
NAAQS and request redesignation, to assure their continued maintenance
of that standard. Eight years after redesignation to attainment,
section 175A(b) of the CAA requires the state to submit a revised
maintenance plan which demonstrates that attainment will continue to be
maintained for the 10 years following the initial 10-year period (this
is known as the second 10-year maintenance plan). The second 10-year
maintenance plan updates the original 10-year CO maintenance plan for
the next 10-year period. Thus, pursuant to the CAA section 175A(b),
Tennessee was required to submit the second 10-year maintenance plan
for the Memphis/Shelby County Area demonstrating that it would continue
to attain the CO NAAQS in this area through at least 2014.
II. What Is EPA's Analysis of the Memphis/Shelby County Area's Second
10-Year Maintenance Plan?
On May 17, 2006, the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), Air Pollution
Control Division, submitted a SIP revision to EPA that provided for the
second 10-year maintenance plan for the Memphis/Shelby County Area as
required by section 175A(b) of the CAA. This second 10-year maintenance
plan for the Memphis/Shelby County Area includes a new CO emission
inventory for 1990 which reflects emission controls applicable for the
Memphis/Shelby County Area, and actual and projected emissions for
1990, 2002, 2007, and 2017. The SIP revision also establishes a new
MVEB for CO for 2017 for the Memphis/Shelby County Area.
The emission reduction measures for CO emissions implemented in the
Memphis/Shelby County Area from 1990 to 2002, and control measures that
are projected to occur between 2007 and 2017 are accounted for in the
1990 emission inventory and projected emissions estimates. Tables 1 and
2 provide emissions data and projections for CO with and without the
use of an inspection and maintenance (I&M) program, respectively. The
on-road mobile portion of the data was calculated with MOBILE6.2. The
difference between the 1990 mobile source base year emissions for this
maintenance plan and the initial maintenance plan are primarily a
result of a change in the mobile emissions factor model (e.g.,
MOBILE6.2) that was used to develop these emissions.
Table 1.--Memphis/Shelby Carbon Monoxide Area--Emission Inventory and Projected CO Emissions (1990-2017)--With
I&M Plan
[Tons per day]
----------------------------------------------------------------------------------------------------------------
On-road
Year Area Non-road mobile with Point Total
mobile I&M
----------------------------------------------------------------------------------------------------------------
1990............................ 10.14 100.83 893.76 22.77 1027.50
2002............................ 7.03 115.67 615.98 14.53 753.21
2007............................ 7.42 125.85 441.15 15.35 589.77
2017............................ 8.08 138.84 327.88 16.56 491.36
----------------------------------------------------------------------------------------------------------------
Table 2.--Memphis/Shelby County Carbon Monoxide Area--Emission Inventory and Projected CO Emissions (1990-2017)--Without I&M Plan
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
On-road Safety margin
Year Area Non-road mobile without Point Total based on 1990
mobile I&M emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990.................................................... 10.14 100.83 893.76 22.77 1027.50 n/a
2002.................................................... 7.03 115.67 654.37 14.53 791.60 235.90
2007.................................................... 7.42 125.85 492.13 15.35 640.75 386.75
2017.................................................... 8.08 138.84 383.33 16.56 546.81 480.69
--------------------------------------------------------------------------------------------------------------------------------------------------------
The attainment level of emissions is the level of emissions during
one of the years in which the area met the NAAQS. Since 1990, the
Memphis/Shelby County Area has not violated the CO standard for the 8-
hour average concentration as shown by monitoring data in Table 3. The
data also show a consistent downward trend in CO levels
[[Page 62386]]
as a result in part of the Federal Motor Vehicle Control Program. In
this SIP revision, the emissions from the year 1990 are used to
calculate a new attainment emissions level for the Memphis/Shelby
County Area. The emissions from point, area, non-road, and mobile
sources in 1990 equal 1027.50 tons per day (tpd) of CO. These emission
calculations were made using the MOBILE6.2 model and the most recent
version of the nonroad model. The projected emissions, with and without
I&M, are lower than the attainment level of emissions, thus
demonstrating continued maintenance of the CO NAAQS.
Table 3.--Summary of Memphis/Shelby County Area Carbon Monoxide
Monitoring Data
[In parts per million]
------------------------------------------------------------------------
Second highest
CO 8-hr
Year CO 8-hr NAAQS average value
\1\
------------------------------------------------------------------------
1990.................................... 9.0 8.8
1991.................................... 9.0 6.4
1992.................................... 9.0 8.2
1993.................................... 9.0 8.5
1994.................................... 9.0 8.0
1995.................................... 9.0 6.2
1996.................................... 9.0 6.3
1997.................................... 9.0 5.2
1998.................................... 9.0 5.4
1999.................................... 9.0 4.9
2000.................................... 9.0 4.4
2001.................................... 9.0 4.3
2002.................................... 9.0 3.5
2003.................................... 9.0 2.9
------------------------------------------------------------------------
The safety margin is the difference between the attainment level of
emissions (from all sources) and the projected level of emissions (from
all sources) in the maintenance plan. The safety margin credit, or a
portion thereof, can be allocated to the transportation sector,
however, the total emission level must stay below the attainment level.
The safety margin for CO was calculated as the difference between these
amounts or, in this case, 480.69 tpd for 2017. The emissions are
projected to maintain the Memphis/Shelby County Area's air quality
consistent with the CO NAAQS.
Maintenance plans and other control strategy SIPs create MVEBs for
criteria pollutants and/or their precursors to address pollution from
cars and trucks. The MVEB is the portion of the total allowable
emissions that is allocated to highway and transit vehicle use and
emissions. The MVEB serves as a ceiling on emissions from an area's
planned transportation system.
The MVEB concept is further explained in the preamble to the
November 24, 1993, Transportation Conformity Rule (58 FR 62188). The
preamble also describes how to establish and revise MVEBs in a SIP. In
this SIP revision, the Memphis/Shelby County Area used MOBILE6.2 to
establish a MVEB for CO for the year 2017. The State of Tennessee has
chosen to allocate 95% of the safety margin (i.e., 456.66 tpd) to the
transportation section. This MVEB is listed in Table 4.
Table 4.--Memphis/Shelby County Carbon Monoxide Maintenance Area MVEB With Safety Margin Included
----------------------------------------------------------------------------------------------------------------
2017 Projected on-
road emissions Allocated safety 2017 MVEB with
(tons per day) margin safety margin
----------------------------------------------------------------------------------------------------------------
CO.................................................. 383.33 456.66 839.99
----------------------------------------------------------------------------------------------------------------
The MVEB presented in Table 4 is directly reflective of the
combined on-road (or ``highway'') emissions for the Memphis/Shelby
County Area for CO, plus an allocation from the available safety margin
(95%). After allocation of the safety margin to the MVEB, the remaining
safety margin for future allocation is 24.03 tpd. In summary, the new
CO MVEB for the year 2017 is 839.99 tpd.
III. What Is EPA's Action on the Memphis/Shelby County Area's Second
10-Year Maintenance Plan?
EPA is approving Tennessee's SIP revision pertaining to the
Memphis/Shelby County Area's second 10-year maintenance plan for CO.
Approval of the maintenance plan for Memphis/Shelby County Area is
appropriate, because the State of Tennessee has demonstrated that the
plan meets the requirements of section 175A as described fully in this
rulemaking. Additionally, EPA is finding adequate and approving the new
2017 MVEB, submitted by Tennessee for Memphis/Shelby County, in
conjunction with its maintenance plan update. Within 24 months from the
effective date of this action, the transportation partners will need to
demonstrate conformity to this new MVEB pursuant to 40 CFR 93.104(e).
IV. What Is an Adequacy Determination and What Is EPA's Adequacy
Determination for the Memphis/Shelby County Area's New MVEB for the
Year 2017?
Under Section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the NAAQS. Under the transportation conformity rule, at 40 CFR part 93,
projected emissions from transportation plans and programs must be
equal to or less than MVEBs for the area. If a transportation plan does
not ``conform,'' most new projects that would expand the capacity of
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA
policy, criteria and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP.
Until MVEBs in a SIP submittal are approved by EPA, they cannot be
used for transportation conformity purposes unless EPA makes an
affirmative finding that the MVEBs contained therein are ``adequate.''
Once EPA affirmatively finds the submitted MVEBs adequate for
transportation conformity purposes, those MVEBs can be used by the
State and Federal agencies in determining whether proposed
transportation projects ``conform'' to the SIP even though the approval
of the SIP revision containing those MVEBs has not yet been finalized.
EPA's substantive criteria for determining ``adequacy'' of MVEBs in
submitted SIPs are set out in EPA's Transportation Conformity Rule at
40 CFR 93.118(e)(4).
EPA's process for determining ``adequacy'' consists of three basic
steps: public notification of a SIP submission, a public comment
period, and EPA's
[[Page 62387]]
adequacy finding. This process for determining the adequacy of
submitted SIP MVEBs was initially outlined in EPA's May 14, 1999
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' This guidance was finalized in the
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and Miscellaneous
Revisions for Existing Areas; Transportation Conformity Rule
Amendments--Response to Court Decision and Additional Rule Change'' on
July 1, 2004 (69 FR 40004). EPA follows this guidance and rulemaking in
making its adequacy determinations.
Memphis/Shelby County Area's second 10-year maintenance plan
submission contained a new MVEB for the year 2017. The availability of
the SIP submission with the 2017 MVEB was announced for public comment
on EPA's adequacy Web page on June 6, 2006, at: https://www.epa.gov/
otaq/stateresources/transconf/currsips.htm. The adequacy comment period
for this MVEB closed on July 6, 2006. No requests for the submittal or
adverse comments were received during EPA's Adequacy Public Comment
Period.
Through this rulemaking, EPA is finding adequate this 2017 MVEB for
use to determine transportation conformity because this MVEB meets the
adequacy criteria contained in the Transportation Conformity Rule. The
2017 MVEB for CO for the Memphis/Shelby County Area is 839.99 tpd.
V. Final Action
EPA is approving the aforementioned changes to the SIP. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective December 26, 2006
without further notice unless the Agency receives adverse comments by
November 24, 2006.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on December 26, 2006 and no
further action will be taken on the proposed rule.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a state to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 26, 2006. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
[[Page 62388]]
Dated: October 6, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2220(e) is amended by adding a new entry at the end of
the table for ``Carbon Monoxide Second 10-Year Maintenance Plan for the
Memphis/Shelby County Area'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbon Monoxide Second 10-Year Memphis/Shelby..... 5/10/2006 10/25/2006 [Insert
Maintenance Plan for the first page of
Memphis/Shelby County Area. publication].
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[FR Doc. E6-17854 Filed 10-24-06; 8:45 am]
BILLING CODE 6560-50-P
