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]
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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.
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*
*
*
*
*
(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
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[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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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*
*
*
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*
*
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*
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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