

[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Rules and Regulations]               
[Page 62384-62388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc06-3]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0531-200618(a); FRL-8233-8]

 
Approval and Promulgation of Implementation Plans; Tennessee: 
Memphis/Shelby County Area Second 10-Year Maintenance Plan for the 
Carbon Monoxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Tennessee State 
Implementation Plan (SIP) submitted in final form on May 17, 2006. The 
SIP revision provides the second 10-year maintenance plan for the 
Memphis/Shelby County Carbon Monoxide (CO) Maintenance Area. The second 
10-year maintenance plan includes a new motor vehicle emission budget 
(MVEB) for CO for the year 2017. EPA is approving this SIP revision, 
including the new 2017 MVEB for CO, because it satisfies the 
requirement of the Clean Air Act (CAA) for the second 10-year 
maintenance plan for the Memphis/Shelby County Area.
    In addition, in this rulemaking, EPA is providing information on 
its transportation conformity adequacy determination for the new MVEB 
for the year 2017 that is contained in the second 10-year CO 
maintenance plan for the Memphis/Shelby County Area.

DATES: This rule is effective on December 26, 2006 without further 
notice, unless EPA receives adverse comments by November 24, 2006. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0531, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: louis.egide@epa.gov, or benjamin.Lynorae@epa.gov.

    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2006-0531'', Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Egide Louis, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No.: ``EPA-R04-OAR-
2006-0531''. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 

information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through 
http://www.regulations.gov or e-mail, information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or 

in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis of the Regulatory 
Development Section or Ms. Lynorae Benjamin of the Air Quality Modeling 
and Transportation Section at the Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency,

[[Page 62385]]

Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Dr. 
Louis's telephone number is (404) 562-9240. He can be reached also via 
electronic mail at louis.egide@epa.gov. Ms. Benjamin's telephone number 
is (404) 562-9040 and her electronic mail is benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background for This Action?
II. What Is EPA's Analysis of the Memphis/Shelby County Area's 
Second 10-Year Maintenance Plan?
III. What Is EPA's Action on the Memphis/Shelby County Area's Second 
10-Year Maintenance Plan?
IV. What Is an Adequacy Determination and What Is EPA's Adequacy 
Determination for the Memphis/Shelby County Area's New MVEBs for the 
Year 2017?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    In 1992, based on measured air quality data, the Memphis/Shelby 
County Area was able to demonstrate attainment with the CO National 
Ambient Air Quality Standard (NAAQS) due to numerous control measures 
implemented in the Memphis/Shelby County Area. As a result of the 
measured air quality data, Tennessee petitioned EPA for redesignation 
of this Area to attainment for CO. EPA redesignated the Memphis/Shelby 
County Area to attainment based on the measured air quality data and a 
10-year maintenance plan submitted for the Memphis/Shelby County Area 
on July 26, 1994 (59 FR 37939).
    The air quality maintenance plan is a requirement of the 1990 CAA 
amendments for nonattainment areas that come into compliance with the 
NAAQS and request redesignation, to assure their continued maintenance 
of that standard. Eight years after redesignation to attainment, 
section 175A(b) of the CAA requires the state to submit a revised 
maintenance plan which demonstrates that attainment will continue to be 
maintained for the 10 years following the initial 10-year period (this 
is known as the second 10-year maintenance plan). The second 10-year 
maintenance plan updates the original 10-year CO maintenance plan for 
the next 10-year period. Thus, pursuant to the CAA section 175A(b), 
Tennessee was required to submit the second 10-year maintenance plan 
for the Memphis/Shelby County Area demonstrating that it would continue 
to attain the CO NAAQS in this area through at least 2014.

II. What Is EPA's Analysis of the Memphis/Shelby County Area's Second 
10-Year Maintenance Plan?

    On May 17, 2006, the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), Air Pollution 
Control Division, submitted a SIP revision to EPA that provided for the 
second 10-year maintenance plan for the Memphis/Shelby County Area as 
required by section 175A(b) of the CAA. This second 10-year maintenance 
plan for the Memphis/Shelby County Area includes a new CO emission 
inventory for 1990 which reflects emission controls applicable for the 
Memphis/Shelby County Area, and actual and projected emissions for 
1990, 2002, 2007, and 2017. The SIP revision also establishes a new 
MVEB for CO for 2017 for the Memphis/Shelby County Area.
    The emission reduction measures for CO emissions implemented in the 
Memphis/Shelby County Area from 1990 to 2002, and control measures that 
are projected to occur between 2007 and 2017 are accounted for in the 
1990 emission inventory and projected emissions estimates. Tables 1 and 
2 provide emissions data and projections for CO with and without the 
use of an inspection and maintenance (I&M) program, respectively. The 
on-road mobile portion of the data was calculated with MOBILE6.2. The 
difference between the 1990 mobile source base year emissions for this 
maintenance plan and the initial maintenance plan are primarily a 
result of a change in the mobile emissions factor model (e.g., 
MOBILE6.2) that was used to develop these emissions.

  Table 1.--Memphis/Shelby Carbon Monoxide Area--Emission Inventory and Projected CO Emissions (1990-2017)--With
                                                    I&M Plan
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                                                                      On-road
              Year                     Area          Non-road       mobile with        Point           Total
                                                      mobile            I&M
----------------------------------------------------------------------------------------------------------------
1990............................           10.14          100.83          893.76           22.77         1027.50
2002............................            7.03          115.67          615.98           14.53          753.21
2007............................            7.42          125.85          441.15           15.35          589.77
2017............................            8.08          138.84          327.88           16.56          491.36
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            Table 2.--Memphis/Shelby County Carbon Monoxide Area--Emission Inventory and Projected CO Emissions (1990-2017)--Without I&M Plan
                                                                     [Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              On-road                                      Safety margin
                          Year                                 Area          Non-road     mobile without       Point           Total       based on 1990
                                                                              mobile            I&M                                          emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990....................................................           10.14          100.83          893.76           22.77         1027.50             n/a
2002....................................................            7.03          115.67          654.37           14.53          791.60          235.90
2007....................................................            7.42          125.85          492.13           15.35          640.75          386.75
2017....................................................            8.08          138.84          383.33           16.56          546.81          480.69
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The attainment level of emissions is the level of emissions during 
one of the years in which the area met the NAAQS. Since 1990, the 
Memphis/Shelby County Area has not violated the CO standard for the 8-
hour average concentration as shown by monitoring data in Table 3. The 
data also show a consistent downward trend in CO levels

[[Page 62386]]

as a result in part of the Federal Motor Vehicle Control Program. In 
this SIP revision, the emissions from the year 1990 are used to 
calculate a new attainment emissions level for the Memphis/Shelby 
County Area. The emissions from point, area, non-road, and mobile 
sources in 1990 equal 1027.50 tons per day (tpd) of CO. These emission 
calculations were made using the MOBILE6.2 model and the most recent 
version of the nonroad model. The projected emissions, with and without 
I&M, are lower than the attainment level of emissions, thus 
demonstrating continued maintenance of the CO NAAQS.

     Table 3.--Summary of Memphis/Shelby County Area Carbon Monoxide
                             Monitoring Data
                         [In parts per million]
------------------------------------------------------------------------
                                                          Second highest
                                                              CO 8-hr
                  Year                     CO 8-hr NAAQS   average value
                                                                \1\
------------------------------------------------------------------------
1990....................................             9.0             8.8
1991....................................             9.0             6.4
1992....................................             9.0             8.2
1993....................................             9.0             8.5
1994....................................             9.0             8.0
1995....................................             9.0             6.2
1996....................................             9.0             6.3
1997....................................             9.0             5.2
1998....................................             9.0             5.4
1999....................................             9.0             4.9
2000....................................             9.0             4.4
2001....................................             9.0             4.3
2002....................................             9.0             3.5
2003....................................             9.0             2.9
------------------------------------------------------------------------

    The safety margin is the difference between the attainment level of 
emissions (from all sources) and the projected level of emissions (from 
all sources) in the maintenance plan. The safety margin credit, or a 
portion thereof, can be allocated to the transportation sector, 
however, the total emission level must stay below the attainment level. 
The safety margin for CO was calculated as the difference between these 
amounts or, in this case, 480.69 tpd for 2017. The emissions are 
projected to maintain the Memphis/Shelby County Area's air quality 
consistent with the CO NAAQS.
    Maintenance plans and other control strategy SIPs create MVEBs for 
criteria pollutants and/or their precursors to address pollution from 
cars and trucks. The MVEB is the portion of the total allowable 
emissions that is allocated to highway and transit vehicle use and 
emissions. The MVEB serves as a ceiling on emissions from an area's 
planned transportation system.
    The MVEB concept is further explained in the preamble to the 
November 24, 1993, Transportation Conformity Rule (58 FR 62188). The 
preamble also describes how to establish and revise MVEBs in a SIP. In 
this SIP revision, the Memphis/Shelby County Area used MOBILE6.2 to 
establish a MVEB for CO for the year 2017. The State of Tennessee has 
chosen to allocate 95% of the safety margin (i.e., 456.66 tpd) to the 
transportation section. This MVEB is listed in Table 4.

        Table 4.--Memphis/Shelby County Carbon Monoxide Maintenance Area MVEB With Safety Margin Included
----------------------------------------------------------------------------------------------------------------
                                                      2017 Projected on-
                                                        road emissions     Allocated safety     2017 MVEB with
                                                        (tons per day)          margin           safety margin
----------------------------------------------------------------------------------------------------------------
CO..................................................             383.33              456.66              839.99
----------------------------------------------------------------------------------------------------------------

    The MVEB presented in Table 4 is directly reflective of the 
combined on-road (or ``highway'') emissions for the Memphis/Shelby 
County Area for CO, plus an allocation from the available safety margin 
(95%). After allocation of the safety margin to the MVEB, the remaining 
safety margin for future allocation is 24.03 tpd. In summary, the new 
CO MVEB for the year 2017 is 839.99 tpd.

III. What Is EPA's Action on the Memphis/Shelby County Area's Second 
10-Year Maintenance Plan?

    EPA is approving Tennessee's SIP revision pertaining to the 
Memphis/Shelby County Area's second 10-year maintenance plan for CO. 
Approval of the maintenance plan for Memphis/Shelby County Area is 
appropriate, because the State of Tennessee has demonstrated that the 
plan meets the requirements of section 175A as described fully in this 
rulemaking. Additionally, EPA is finding adequate and approving the new 
2017 MVEB, submitted by Tennessee for Memphis/Shelby County, in 
conjunction with its maintenance plan update. Within 24 months from the 
effective date of this action, the transportation partners will need to 
demonstrate conformity to this new MVEB pursuant to 40 CFR 93.104(e).

IV. What Is an Adequacy Determination and What Is EPA's Adequacy 
Determination for the Memphis/Shelby County Area's New MVEB for the 
Year 2017?

    Under Section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the NAAQS. Under the transportation conformity rule, at 40 CFR part 93, 
projected emissions from transportation plans and programs must be 
equal to or less than MVEBs for the area. If a transportation plan does 
not ``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP.
    Until MVEBs in a SIP submittal are approved by EPA, they cannot be 
used for transportation conformity purposes unless EPA makes an 
affirmative finding that the MVEBs contained therein are ``adequate.'' 
Once EPA affirmatively finds the submitted MVEBs adequate for 
transportation conformity purposes, those MVEBs can be used by the 
State and Federal agencies in determining whether proposed 
transportation projects ``conform'' to the SIP even though the approval 
of the SIP revision containing those MVEBs has not yet been finalized. 
EPA's substantive criteria for determining ``adequacy'' of MVEBs in 
submitted SIPs are set out in EPA's Transportation Conformity Rule at 
40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's

[[Page 62387]]

adequacy finding. This process for determining the adequacy of 
submitted SIP MVEBs was initially outlined in EPA's May 14, 1999 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA follows this guidance and rulemaking in 
making its adequacy determinations.
    Memphis/Shelby County Area's second 10-year maintenance plan 
submission contained a new MVEB for the year 2017. The availability of 
the SIP submission with the 2017 MVEB was announced for public comment 
on EPA's adequacy Web page on June 6, 2006, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.
 The adequacy comment period 

for this MVEB closed on July 6, 2006. No requests for the submittal or 
adverse comments were received during EPA's Adequacy Public Comment 
Period.
    Through this rulemaking, EPA is finding adequate this 2017 MVEB for 
use to determine transportation conformity because this MVEB meets the 
adequacy criteria contained in the Transportation Conformity Rule. The 
2017 MVEB for CO for the Memphis/Shelby County Area is 839.99 tpd.

V. Final Action

    EPA is approving the aforementioned changes to the SIP. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective December 26, 2006 
without further notice unless the Agency receives adverse comments by 
November 24, 2006.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on December 26, 2006 and no 
further action will be taken on the proposed rule.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely affects the status of a 
geographical area, does not impose any new requirements on sources or 
allow a state to avoid adopting or implementing other requirements, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 26, 2006. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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


[[Page 62388]]


    Dated: October 6, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry at the end of 
the table for ``Carbon Monoxide Second 10-Year Maintenance Plan for the 
Memphis/Shelby County Area'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable
    Name of nonregulatory SIP        geographic or          State        EPA approval date       Explanation
            provision              nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Carbon Monoxide Second 10-Year    Memphis/Shelby.....       5/10/2006  10/25/2006 [Insert
 Maintenance Plan for the                                               first page of
 Memphis/Shelby County Area.                                            publication].
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E6-17854 Filed 10-24-06; 8:45 am]

BILLING CODE 6560-50-P
