Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Shelby County, Tennessee Portion of the Memphis, TN-Arkansas 1997 8-Hour Ozone Nonattainment Area to Attainment, 56-60 [E9-31103]

Download as PDF 56 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations Congress and to the Comptroller General of the United States. EPA will submit a report containing this action 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). attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 PM2.5 NAAQS. C. Petitions for Judicial Review 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 March 5, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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, pertaining to the determination of attaining data for the 1997 fine particulate matter standard for the Greensboro, North Carolina, PM2.5 nonattainment area, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Dated: December 15, 2009 J. Scott Gordon, Acting Regional Administrator, Region 4. Accordingly, 40 CFR part 52 is amended as follows: ■ PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart II—North Carolina 2. Section § 52.1781 is amended by adding paragraph (e) to read as follows: ■ § 52.1781 Control strategy: Sulfur oxides and particulate matter. mstockstill on DSKH9S0YB1PROD with RULES * * * * * (e) Determination of Attaining Data. EPA has determined, as of January 4, 2010, the Greensboro-Winston SalemHigh Point, North Carolina nonattainment area has attaining data for the 1997 PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an VerDate Nov<24>2008 16:57 Dec 31, 2009 Jkt 220001 [FR Doc. E9–31083 Filed 12–31–09; 8:45 am] BILLING CODE 6560–50–P 40 CFR Parts 52 and 81 [EPA–R04–OAR–2009–0164–200916; FRL– 9099–1] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Shelby County, Tennessee Portion of the Memphis, TN-Arkansas 1997 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is taking final action to approve a request submitted on February 26, 2009, from the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, to redesignate the Tennessee portion of the bi-state Memphis, Tennessee-Arkansas 8-hour ozone nonattainment area (hereafter referred to as the ‘‘bi-state Memphis Area’’) to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed of Shelby County, Tennessee and Crittenden County, Arkansas. EPA’s approval of the redesignation request is based on the determination that the bistate Memphis Area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the bi-state Memphis Area has attained the 1997 8hour ozone standard. Additionally, EPA is approving a revision to the Tennessee State Implementation Plan (SIP) including the 1997 8-hour ozone maintenance plan for Shelby County, Tennessee that contains the new 2006, 2009, 2017, and 2021 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for Shelby County, Tennessee. This action also approves the emissions inventory submitted with PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 the maintenance plan (under the CAA section 182(a)(1)). The State of Arkansas has submitted a similar redesignation request and maintenance plan for the Arkansas portion of this 1997 8-hour ozone area. EPA is taking action on Arkansas’ redesignation request, emissions inventory and maintenance plan through a separate rulemaking action. On March 12, 2008, EPA issued a revised 8-hour ozone standard. EPA later announced on September 16, 2009, that it may reconsider this revised ozone standard. The current action, however, is being taken to address requirements under the 1997 8-hour ozone NAAQS. Requirements for the bi-state Memphis Area under the 2008 standard will be addressed in the future. DATES: Effective Date: This rule will be effective February 3, 2010. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2009–0164. All documents in the docket are listed on thehttps:// www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 through https:// 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 Federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann or Twunjala Bradley, 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. Jane Spann may be reached by phone at (404) 562–9029 or via electronic mail at spann.jane@epa.gov. The telephone number for Ms. Bradley is (404) 562– 9352 and the electronic mail at bradley.twunjala@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\04JAR1.SGM 04JAR1 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations Table of Contents EPA approval of the Tennessee SIP revision containing a maintenance plan for Shelby County, Tennessee. In an action published on November 19, 2009 (74 FR 59943), EPA proposed to approve the redesignation of Shelby County, Tennessee (as part of the bi-state Memphis Area) to attainment. EPA also proposed approval of Tennessee’s plan for maintaining the 1997 8-hour NAAQS as a SIP revision, including the emissions inventory submitted pursuant to CAA section 182(a)(1); and proposed to approve the NOx and VOC MVEBs for Shelby County that were contained in I. What Is the Background for the Actions? II. What Actions Is EPA Taking? III. Why Is EPA Taking These Actions? IV. What Are the Effects of These Actions? V. Final Action VI. Statutory and Executive Order Reviews I. What Is the Background for the Actions? On February 26, 2009, the State of Tennessee, through TDEC, submitted a request to redesignate Shelby County, Tennessee (as part of the bi-state Memphis Area) to attainment for the 1997 8-hour ozone standard, and for 57 the maintenance plan. In the November 19, 2009, proposed action, EPA also provided information on the status of its transportation conformity adequacy determination for the Shelby County NOX and VOC MVEBs. EPA received no comments on the November 19, 2009, proposal. Additionally, in a separate notice, EPA has already found the NOX and VOC MVEBs, as contained in Tennessee’s maintenance plan for Shelby County, adequate for the purposes of transportation conformity. The MVEBs included in the maintenance plan area as follows: TABLE 1—SHELBY COUNTY VOC AND NOX MVEBS [Summer season tons per day] Year 2006 mstockstill on DSKH9S0YB1PROD with RULES NOX .................................................................................................................................................. VOC ................................................................................................................................................. EPA’s adequacy public comment period on these MVEBs (as contained in Tennessee’s submittal) began on March 12, 2009, and closed on April 13, 2009. No comments were received during EPA’s adequacy public comment period. In a letter dated September 18, 2009, EPA informed the State of Tennessee of its intent to make an affirmative adequacy determination for the MVEBs contained in this maintenance plan for Shelby County, Tennessee. On November 12, 2009 (74 FR 58277), EPA published a Federal Register notice deeming the MVEBs for Shelby County, Tennessee adequate for transportation conformity purposes. EPA provided a separate adequacy posting for the MVEBs in association with Crittenden County, Arkansas. The Crittenden County, Arkansas MVEBs (in association with the bi-state Memphis Area) were found adequate through a separate action published May 7, 2009 (74 FR 21356). As was discussed in greater detail in the November 19, 2009, proposal, this redesignation is for the 1997 8-hour ozone designations finalized in April 30, 2004 (69 FR 23857). Various aspects of EPA’s Phase 1 8-hour ozone implementation rule were challenged in court and on December 22, 2006, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit Court) vacated EPA’s Phase 1 Implementation Rule for the 8hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air Quality Management Dist. (SCAQMD) v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 8, 2007, in response to several petitions for rehearing, the DC Circuit Court clarified that the Phase 1 Rule was vacated only VerDate Nov<24>2008 16:57 Dec 31, 2009 Jkt 220001 with regard to those parts of the Rule that had been successfully challenged. Therefore, the Phase 1 Rule provisions related to classifications for areas currently classified under subpart 2 of title I, part D of the CAA as 8-hour nonattainment areas, the 8-hour attainment dates and the timing for emissions reductions needed for attainment of the 8-hour ozone NAAQS, remain effective. The June 8th decision left intact the Court’s rejection of EPA’s reasons for implementing the 8-hour standard in certain nonattainment areas under subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let stand EPA’s revocation of the 1-hour standard and those anti-backsliding provisions of the Phase 1 Rule that had not been successfully challenged. The June 8th decision affirmed the December 22, 2006, decision that EPA had improperly failed to retain measures required for 1hour nonattainment areas under the anti-backsliding provisions of the regulations: (1) Nonattainment area New Source Review requirements based on an area’s 1-hour nonattainment classification; (2) Section 185 penalty fees for 1-hour severe or extreme nonattainment areas; and (3) measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an area not making reasonable further progress toward attainment of the 1-hour NAAQS, or for failure to attain that NAAQS. The June 8th decision clarified that the Court’s reference to conformity requirements for anti-backsliding purposes was limited to requiring the continued use of 1-hour MVEBs until 8-hour budgets were available for 8-hour conformity PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 2009 2017 2021 55.878 25.216 55.620 27.240 55.173 18.323 54.445 13.817 determinations, which is already required under EPA’s conformity regulations. The Court thus clarified that 1-hour conformity determinations are not required for anti-backsliding purposes. With respect to the requirement for transportation conformity under the 1hour standard, the Court in its June 8th decision clarified that for those areas with 1-hour MVEBs in their 1-hour maintenance plans, anti-backsliding requires only that those 1-hour budgets must be used for 8-hour conformity determinations until replaced by 8-hour budgets. To meet this requirement, conformity determinations in such areas must continue to comply with the applicable requirements of EPA’s conformity regulations at 40 CFR Part 93. Shelby County, Tennessee has 1hour budgets and is currently using these budgets to demonstrate transportation conformity until 1997 8-hour budgets are in place. For the above reasons, and those set forth in the November 19, 2009, proposal for the redesignation of Shelby County, Tennessee, EPA does not believe that the Court’s rulings alter any requirements relevant to this redesignation action so as to preclude redesignation, and do not prevent EPA from finalizing this redesignation. EPA believes that the Court’s December 22, 2006, and June 8, 2007, decisions impose no impediment to moving forward with redesignation of Shelby County, Tennessee to attainment. Even in light of the Court’s decisions, redesignation is appropriate under the relevant redesignation provisions of the E:\FR\FM\04JAR1.SGM 04JAR1 58 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES CAA and longstanding policies regarding redesignation requests. II. What Actions Is EPA Taking? EPA is taking final action to approve Tennessee’s redesignation request and to change the legal designation of Shelby County, Tennessee from nonattainment to attainment for the 1997 8-hour ozone NAAQS. The bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed of Shelby County, Tennessee and Crittenden County, Arkansas. The redesignation request, maintenance plan and emission inventory in association with the Arkansas portion of this Area will be addressed through a separate, but coordinated action. In this action, EPA is also approving Tennessee’s 1997 8-hour ozone maintenance plan for Shelby County, Tennessee (such approval being one of the CAA criteria for redesignation to attainment status), including the emissions inventory which was submitted pursuant to CAA section 182(a)(1). The maintenance plan is designed to help keep Shelby County, Tennessee (as part of the bi-state Memphis Area) in attainment for the 1997 8-hour ozone NAAQS through 2021. These approval actions are based on EPA’s determination that Tennessee has demonstrated that Shelby County, Tennessee has met the criteria for redesignation to attainment specified in the CAA, including a demonstration that the bi-state Memphis Area has attained the 1997 8-hour ozone standard. EPA’s analyses of Tennessee’s 1997 8-hour ozone redesignation request and maintenance plan are described in detail in the proposed rule published November 19, 2009 (74 FR 59943). Consistent with the CAA, the maintenance plan that EPA is approving also includes 2006, 2009, 2017, and 2021 MVEBs for NOX and VOC for Shelby County, Tennessee. In this action, EPA is approving these NOX and VOC MVEBs for the purposes of transportation conformity. For regional emission analysis years that involve years prior to 2017, the new 2009 MVEB are the applicable budgets (for the purpose of conducting transportation conformity analyses). For regional emission analysis years that involve years prior to 2021, the new 2017 MVEB are the applicable budgets (for the purpose of conducting transportation conformity analyses). For regional emission analysis years that involve the year 2021 and beyond, the applicable budgets, for the purpose of conducting transportation conformity analyses, are the new 2021 MVEB. In practical terms, the 2006 MVEBs will not be used in Shelby County, Tennessee because this VerDate Nov<24>2008 16:57 Dec 31, 2009 Jkt 220001 action is being taken in 2009, and there are MVEBs being established for the year 2009 which are required to be used. III. Why Is EPA Taking These Actions? EPA has determined that the bi-state Memphis Area has attained the 1997 8hour ozone standard and has also determined that Tennessee has demonstrated that all other criteria for the redesignation of Shelby County, Tennessee (as part of the bi-state Memphis Area) from nonattainment to attainment of the 1997 8-hour ozone NAAQS have been met. See, section 107(d)(3)(E) of the CAA. EPA is also taking final action to approve the maintenance plan for Shelby County, Tennessee as meeting the requirements of sections 175A and 107(d) of the CAA, and the emissions inventory as meeting the requirements of section 182(a)(1) of the CAA. Furthermore, EPA is approving the new NOX and VOC MVEBs for the years 2006, 2009, 2017, and 2021 contained in Tennessee’s maintenance plan for Shelby County because these MVEBs are consistent with maintenance for the bi-state Memphis Area. In the November 19, 2009, proposal to redesignate Shelby County, Tennessee (as part of the bistate Memphis Area), EPA described the applicable criteria for redesignation to attainment and its analysis of how those criteria have been met. The rationale for EPA’s findings and actions is set forth in the proposed rulemaking and summarized in this final rulemaking. IV. What Are the Effects of These Actions? Approval of the redesignation request changes the legal designation of Shelby County, Tennessee (as part of the bistate Memphis Area) from nonattainment to attainment for the 1997 8-hour ozone NAAQS, found at 40 CFR part 81. The approval also incorporates into the Tennessee SIP a plan for maintaining the 1997 8-hour ozone NAAQS in the bi-state Memphis Area through 2021. The maintenance plan includes contingency measures to remedy future violations of the 1997 8hour ozone NAAQS, and establishes NOX and VOC MVEBs for the years 2006, 2009, 2017, and 2021 for Shelby County, Tennessee. Additionally, this action approves the emissions inventory for this area pursuant to section 182(a)(1) of the CAA. The other portion of the bi-state Memphis Area is Crittenden County, Arkansas. EPA is taking action on Arkansas’ redesignation request for Crittenden County Arkansas (as part of the bi-state Memphis area) and the associated emissions inventory PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 and maintenance plan through a separate rulemaking action. V. Final Action After evaluating Tennessee’s redesignation request, EPA is taking final action to approve the redesignation and change the legal designation of Shelby County, Tennessee (as part of the bi-state Memphis Area) from nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is addressing the redesignation request, emission inventory and maintenance plan for Crittenden County, Arkansas (as a portion of the bi-state Memphis Area) in a separate but coordinated action. Through this action, EPA is also approving into the Tennessee SIP, the 1997 8-hour ozone maintenance plan for the Shelby County, Tennessee, which includes the new NOX MVEBs of 55.878 tons per day (tpd) for 2006, 55.620 tpd for 2009, 55.173 tpd for 2017, and 54.445 tpd for 2021; and new VOC MVEBs of 25.216 tpd for 2006, 27.240 tpd for 2009, 18.323 tpd for 2017, and 13.817 tpd for 2021. These new MVEBs were found adequate through a previous action (74 FR 58277). Within 24 months from the effective date of EPA’s adequacy finding for the MVEBs, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e). Additionally, EPA is approving the emissions inventory for the Shelby County pursuant to section 182(a)(1) of the CAA. VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities E:\FR\FM\04JAR1.SGM 04JAR1 59 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. 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 action 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 5, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection and Air pollution control. Dated: December 22, 2009. Beverly H. Banister, Acting Regional Administrator, Region 4. Accordingly, 40 CFR part 52 and 81 are amended as follows: ■ PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart RR—Tennessee 2. Section 52.2220(e) is amended by adding a new entry at the end of the table for ‘‘8-Hour Ozone Maintenance Plan for Shelby County, Tennessee’’ to read as follows: ■ § 52.2220 * Identification of plan. * * (e) * * * * * EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS Applicable geographic or nonattainment area Name of non-regulatory SIP provision * * * * 8-Hour Ozone Maintenance plan for the Shelby Memphis, Shelby CounCounty, Tennessee Area. ty. State effective date EPA approval date * February 26, 2009 ........ * January 4, 2010 [Insert citation of publication]. Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] 1. The authority citation for part 81 continues to read as follows: ■ 2. In § 81.343, the table entitled ‘‘Tennessee-Ozone (8-Hour Standard)’’ is amended by revising the entry for ■ Explanation * ‘‘Memphis, TN–AR: Shelby County,’’ to read as follows: § 81.343 * Tennessee. * * * * TENNESSEE-OZONE [8-hour standard] Category/classification Designation a Designated area mstockstill on DSKH9S0YB1PROD with RULES Date 1 * * * Memphis, TN–AR: Shelby County ......................................... * * * Date1 Type * * January 4, 2010 .................... Attainment ...... * * a Includes Indian Country located in each county or area, except as otherwise specified. date is June 15, 2004, unless otherwise noted. 2 Effective April 15, 2008. 1 This VerDate Nov<24>2008 16:57 Dec 31, 2009 Jkt 220001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 Type * * * * 60 * Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations * * * * [FR Doc. E9–31103 Filed 12–31–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8111] Suspension of Community Eligibility mstockstill on DSKH9S0YB1PROD with RULES AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood VerDate Nov<24>2008 16:57 Dec 31, 2009 Jkt 220001 Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: ■ PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: ■ E:\FR\FM\04JAR1.SGM 04JAR1

Agencies

[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 56-60]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31103]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2009-0164-200916; FRL-9099-1]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of 
the Shelby County, Tennessee Portion of the Memphis, TN-Arkansas 1997 
8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request submitted on 
February 26, 2009, from the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), Air Pollution 
Control Division, to redesignate the Tennessee portion of the bi-state 
Memphis, Tennessee-Arkansas 8-hour ozone nonattainment area (hereafter 
referred to as the ``bi-state Memphis Area'') to attainment for the 
1997 8-hour ozone national ambient air quality standards (NAAQS). The 
bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed 
of Shelby County, Tennessee and Crittenden County, Arkansas. EPA's 
approval of the redesignation request is based on the determination 
that the bi-state Memphis Area has met the criteria for redesignation 
to attainment set forth in the Clean Air Act (CAA), including the 
determination that the bi-state Memphis Area has attained the 1997 8-
hour ozone standard. Additionally, EPA is approving a revision to the 
Tennessee State Implementation Plan (SIP) including the 1997 8-hour 
ozone maintenance plan for Shelby County, Tennessee that contains the 
new 2006, 2009, 2017, and 2021 motor vehicle emission budgets (MVEBs) 
for nitrogen oxides (NOX ) and volatile organic compounds 
(VOC) for Shelby County, Tennessee. This action also approves the 
emissions inventory submitted with the maintenance plan (under the CAA 
section 182(a)(1)). The State of Arkansas has submitted a similar 
redesignation request and maintenance plan for the Arkansas portion of 
this 1997 8-hour ozone area. EPA is taking action on Arkansas' 
redesignation request, emissions inventory and maintenance plan through 
a separate rulemaking action. On March 12, 2008, EPA issued a revised 
8-hour ozone standard. EPA later announced on September 16, 2009, that 
it may reconsider this revised ozone standard. The current action, 
however, is being taken to address requirements under the 1997 8-hour 
ozone NAAQS. Requirements for the bi-state Memphis Area under the 2008 
standard will be addressed in the future.

DATES: Effective Date: This rule will be effective February 3, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2009-0164. All documents in the docket 
are listed on thehttps://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information 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 through https://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 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Twunjala Bradley, 
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. Jane 
Spann may be reached by phone at (404) 562-9029 or via electronic mail 
at spann.jane@epa.gov. The telephone number for Ms. Bradley is (404) 
562-9352 and the electronic mail at bradley.twunjala@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 57]]

Table of Contents

I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Is the Background for the Actions?

    On February 26, 2009, the State of Tennessee, through TDEC, 
submitted a request to redesignate Shelby County, Tennessee (as part of 
the bi-state Memphis Area) to attainment for the 1997 8-hour ozone 
standard, and for EPA approval of the Tennessee SIP revision containing 
a maintenance plan for Shelby County, Tennessee. In an action published 
on November 19, 2009 (74 FR 59943), EPA proposed to approve the 
redesignation of Shelby County, Tennessee (as part of the bi-state 
Memphis Area) to attainment. EPA also proposed approval of Tennessee's 
plan for maintaining the 1997 8-hour NAAQS as a SIP revision, including 
the emissions inventory submitted pursuant to CAA section 182(a)(1); 
and proposed to approve the NOx and VOC MVEBs for Shelby County that 
were contained in the maintenance plan. In the November 19, 2009, 
proposed action, EPA also provided information on the status of its 
transportation conformity adequacy determination for the Shelby County 
NOX and VOC MVEBs. EPA received no comments on the November 
19, 2009, proposal. Additionally, in a separate notice, EPA has already 
found the NOX and VOC MVEBs, as contained in Tennessee's 
maintenance plan for Shelby County, adequate for the purposes of 
transportation conformity. The MVEBs included in the maintenance plan 
area as follows:

                Table 1--Shelby County VOC and NOX MVEBs
                      [Summer season tons per day]
------------------------------------------------------------------------
            Year                 2006       2009       2017       2021
------------------------------------------------------------------------
NOX.........................     55.878     55.620     55.173     54.445
VOC.........................     25.216     27.240     18.323     13.817
------------------------------------------------------------------------

    EPA's adequacy public comment period on these MVEBs (as contained 
in Tennessee's submittal) began on March 12, 2009, and closed on April 
13, 2009. No comments were received during EPA's adequacy public 
comment period. In a letter dated September 18, 2009, EPA informed the 
State of Tennessee of its intent to make an affirmative adequacy 
determination for the MVEBs contained in this maintenance plan for 
Shelby County, Tennessee. On November 12, 2009 (74 FR 58277), EPA 
published a Federal Register notice deeming the MVEBs for Shelby 
County, Tennessee adequate for transportation conformity purposes. EPA 
provided a separate adequacy posting for the MVEBs in association with 
Crittenden County, Arkansas. The Crittenden County, Arkansas MVEBs (in 
association with the bi-state Memphis Area) were found adequate through 
a separate action published May 7, 2009 (74 FR 21356). As was discussed 
in greater detail in the November 19, 2009, proposal, this 
redesignation is for the 1997 8-hour ozone designations finalized in 
April 30, 2004 (69 FR 23857). Various aspects of EPA's Phase 1 8-hour 
ozone implementation rule were challenged in court and on December 22, 
2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit Court) vacated EPA's Phase 1 Implementation Rule for the 8-
hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air 
Quality Management Dist. (SCAQMD) v. EPA, 472 F.3d 882 (DC Cir. 2006). 
On June 8, 2007, in response to several petitions for rehearing, the DC 
Circuit Court clarified that the Phase 1 Rule was vacated only with 
regard to those parts of the Rule that had been successfully 
challenged. Therefore, the Phase 1 Rule provisions related to 
classifications for areas currently classified under subpart 2 of title 
I, part D of the CAA as 8-hour nonattainment areas, the 8-hour 
attainment dates and the timing for emissions reductions needed for 
attainment of the 8-hour ozone NAAQS, remain effective. The June 8th 
decision left intact the Court's rejection of EPA's reasons for 
implementing the 8-hour standard in certain nonattainment areas under 
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let 
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been 
successfully challenged. The June 8th decision affirmed the December 
22, 2006, decision that EPA had improperly failed to retain measures 
required for 1-hour nonattainment areas under the anti-backsliding 
provisions of the regulations: (1) Nonattainment area New Source Review 
requirements based on an area's 1-hour nonattainment classification; 
(2) Section 185 penalty fees for 1-hour severe or extreme nonattainment 
areas; and (3) measures to be implemented pursuant to section 172(c)(9) 
or 182(c)(9) of the CAA, on the contingency of an area not making 
reasonable further progress toward attainment of the 1-hour NAAQS, or 
for failure to attain that NAAQS. The June 8th decision clarified that 
the Court's reference to conformity requirements for anti-backsliding 
purposes was limited to requiring the continued use of 1-hour MVEBs 
until 8-hour budgets were available for 8-hour conformity 
determinations, which is already required under EPA's conformity 
regulations. The Court thus clarified that 1-hour conformity 
determinations are not required for anti-backsliding purposes.
    With respect to the requirement for transportation conformity under 
the 1-hour standard, the Court in its June 8th decision clarified that 
for those areas with 1-hour MVEBs in their 1-hour maintenance plans, 
anti-backsliding requires only that those 1-hour budgets must be used 
for 8-hour conformity determinations until replaced by 8-hour budgets. 
To meet this requirement, conformity determinations in such areas must 
continue to comply with the applicable requirements of EPA's conformity 
regulations at 40 CFR Part 93. Shelby County, Tennessee has 1-hour 
budgets and is currently using these budgets to demonstrate 
transportation conformity until 1997 8-hour budgets are in place.
    For the above reasons, and those set forth in the November 19, 
2009, proposal for the redesignation of Shelby County, Tennessee, EPA 
does not believe that the Court's rulings alter any requirements 
relevant to this redesignation action so as to preclude redesignation, 
and do not prevent EPA from finalizing this redesignation. EPA believes 
that the Court's December 22, 2006, and June 8, 2007, decisions impose 
no impediment to moving forward with redesignation of Shelby County, 
Tennessee to attainment. Even in light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the

[[Page 58]]

CAA and longstanding policies regarding redesignation requests.

II. What Actions Is EPA Taking?

    EPA is taking final action to approve Tennessee's redesignation 
request and to change the legal designation of Shelby County, Tennessee 
from nonattainment to attainment for the 1997 8-hour ozone NAAQS. The 
bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed 
of Shelby County, Tennessee and Crittenden County, Arkansas. The 
redesignation request, maintenance plan and emission inventory in 
association with the Arkansas portion of this Area will be addressed 
through a separate, but coordinated action. In this action, EPA is also 
approving Tennessee's 1997 8-hour ozone maintenance plan for Shelby 
County, Tennessee (such approval being one of the CAA criteria for 
redesignation to attainment status), including the emissions inventory 
which was submitted pursuant to CAA section 182(a)(1). The maintenance 
plan is designed to help keep Shelby County, Tennessee (as part of the 
bi-state Memphis Area) in attainment for the 1997 8-hour ozone NAAQS 
through 2021. These approval actions are based on EPA's determination 
that Tennessee has demonstrated that Shelby County, Tennessee has met 
the criteria for redesignation to attainment specified in the CAA, 
including a demonstration that the bi-state Memphis Area has attained 
the 1997 8-hour ozone standard. EPA's analyses of Tennessee's 1997 8-
hour ozone redesignation request and maintenance plan are described in 
detail in the proposed rule published November 19, 2009 (74 FR 59943).
    Consistent with the CAA, the maintenance plan that EPA is approving 
also includes 2006, 2009, 2017, and 2021 MVEBs for NOX and 
VOC for Shelby County, Tennessee. In this action, EPA is approving 
these NOX and VOC MVEBs for the purposes of transportation 
conformity. For regional emission analysis years that involve years 
prior to 2017, the new 2009 MVEB are the applicable budgets (for the 
purpose of conducting transportation conformity analyses). For regional 
emission analysis years that involve years prior to 2021, the new 2017 
MVEB are the applicable budgets (for the purpose of conducting 
transportation conformity analyses). For regional emission analysis 
years that involve the year 2021 and beyond, the applicable budgets, 
for the purpose of conducting transportation conformity analyses, are 
the new 2021 MVEB. In practical terms, the 2006 MVEBs will not be used 
in Shelby County, Tennessee because this action is being taken in 2009, 
and there are MVEBs being established for the year 2009 which are 
required to be used.

III. Why Is EPA Taking These Actions?

    EPA has determined that the bi-state Memphis Area has attained the 
1997 8-hour ozone standard and has also determined that Tennessee has 
demonstrated that all other criteria for the redesignation of Shelby 
County, Tennessee (as part of the bi-state Memphis Area) from 
nonattainment to attainment of the 1997 8-hour ozone NAAQS have been 
met. See, section 107(d)(3)(E) of the CAA. EPA is also taking final 
action to approve the maintenance plan for Shelby County, Tennessee as 
meeting the requirements of sections 175A and 107(d) of the CAA, and 
the emissions inventory as meeting the requirements of section 
182(a)(1) of the CAA. Furthermore, EPA is approving the new 
NOX and VOC MVEBs for the years 2006, 2009, 2017, and 2021 
contained in Tennessee's maintenance plan for Shelby County because 
these MVEBs are consistent with maintenance for the bi-state Memphis 
Area. In the November 19, 2009, proposal to redesignate Shelby County, 
Tennessee (as part of the bi-state Memphis Area), EPA described the 
applicable criteria for redesignation to attainment and its analysis of 
how those criteria have been met. The rationale for EPA's findings and 
actions is set forth in the proposed rulemaking and summarized in this 
final rulemaking.

IV. What Are the Effects of These Actions?

    Approval of the redesignation request changes the legal designation 
of Shelby County, Tennessee (as part of the bi-state Memphis Area) from 
nonattainment to attainment for the 1997 8-hour ozone NAAQS, found at 
40 CFR part 81. The approval also incorporates into the Tennessee SIP a 
plan for maintaining the 1997 8-hour ozone NAAQS in the bi-state 
Memphis Area through 2021. The maintenance plan includes contingency 
measures to remedy future violations of the 1997 8-hour ozone NAAQS, 
and establishes NOX and VOC MVEBs for the years 2006, 2009, 
2017, and 2021 for Shelby County, Tennessee. Additionally, this action 
approves the emissions inventory for this area pursuant to section 
182(a)(1) of the CAA. The other portion of the bi-state Memphis Area is 
Crittenden County, Arkansas. EPA is taking action on Arkansas' 
redesignation request for Crittenden County Arkansas (as part of the 
bi-state Memphis area) and the associated emissions inventory and 
maintenance plan through a separate rulemaking action.

V. Final Action

    After evaluating Tennessee's redesignation request, EPA is taking 
final action to approve the redesignation and change the legal 
designation of Shelby County, Tennessee (as part of the bi-state 
Memphis Area) from nonattainment to attainment for the 1997 8-hour 
ozone NAAQS. EPA is addressing the redesignation request, emission 
inventory and maintenance plan for Crittenden County, Arkansas (as a 
portion of the bi-state Memphis Area) in a separate but coordinated 
action. Through this action, EPA is also approving into the Tennessee 
SIP, the 1997 8-hour ozone maintenance plan for the Shelby County, 
Tennessee, which includes the new NOX MVEBs of 55.878 tons 
per day (tpd) for 2006, 55.620 tpd for 2009, 55.173 tpd for 2017, and 
54.445 tpd for 2021; and new VOC MVEBs of 25.216 tpd for 2006, 27.240 
tpd for 2009, 18.323 tpd for 2017, and 13.817 tpd for 2021. These new 
MVEBs were found adequate through a previous action (74 FR 58277). 
Within 24 months from the effective date of EPA's adequacy finding for 
the MVEBs, the transportation partners will need to demonstrate 
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 
93.104(e). Additionally, EPA is approving the emissions inventory for 
the Shelby County pursuant to section 182(a)(1) of the CAA.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities

[[Page 59]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 action 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 5, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection and Air pollution control.

    Dated: December 22, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
Accordingly, 40 CFR part 52 and 81 are 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 ``8-Hour Ozone Maintenance Plan for Shelby County, 
Tennessee'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
   Name of non-regulatory SIP        geographic or      State effective    EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
                                                 * * * * * * *
8-Hour Ozone Maintenance plan     Memphis, Shelby     February 26, 2009.  January 4, 2010
 for the Shelby County,            County.                                 [Insert citation
 Tennessee Area.                                                           of publication].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  81.343, the table entitled ``Tennessee-Ozone (8-Hour 
Standard)'' is amended by revising the entry for ``Memphis, TN-AR: 
Shelby County,'' to read as follows:


Sec.  81.343  Tennessee.

* * * * *

                                                 Tennessee-Ozone
                                                [8-hour standard]
----------------------------------------------------------------------------------------------------------------
                                             Designation a                       Category/classification
        Designated area        ---------------------------------------------------------------------------------
                                     Date \1\              Type               Date\1\                Type
----------------------------------------------------------------------------------------------------------------
                                                 * * * * * * *
Memphis, TN-AR: Shelby County.  January 4, 2010..  Attainment.........
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
a Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 15, 2008.


[[Page 60]]

* * * * *
[FR Doc. E9-31103 Filed 12-31-09; 8:45 am]
BILLING CODE 6560-50-P
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