[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Proposed Rules]
[Pages 45568-45571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19052]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0228-201015; FRL-9184-3]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attainment for the 1997 8-Hour Ozone
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On February 19, 2010, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), submitted
a request to EPA to make a determination that the Knoxville, Tennessee
nonattainment area has attained the 1997 8-hour ozone national ambient
air quality standards (NAAQS) based on quality assured, quality
controlled monitoring data from 2007-2009. The Knoxville, Tennessee
1997 8-hour ozone nonattainment area (hereafter referred to as the
``Knoxville Area'') is comprised of Anderson, Blount, Jefferson, Knox,
Loudon and Sevier Counties in their entireties and a portion of Cocke
County (Great Smoky Mountain National Park) in Tennessee. In this
action, EPA is proposing to determine that the Knoxville Area has
attained the 1997 8-hour ozone NAAQS. This proposed determination is
based upon complete, quality assured, quality controlled, and certified
ambient air monitoring data for the years 2007-2009 showing that the
Knoxville Area has monitored attainment of the 1997 8-hour ozone NAAQS.
Preliminary air quality monitoring data available for 2010 are
consistent with continued attainment. If this proposed determination is
made final, the requirement for the State of Tennessee to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plans (SIPs) related
to attainment of the 1997 8-hour ozone NAAQS for the Knoxville,
Tennessee 8-hour ozone nonattainment area, shall be suspended for as
long as the Knoxville Area continues to meet the 1997 8-hour ozone
NAAQS.
DATES: Written comments must be received on or before September 2,
2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0228 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2007-0228,'' 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: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency,
[[Page 45569]]
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-
2007-0228. 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 by 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 Federal holidays.
FOR FURTHER INFORMATION CONTACT: 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. Ms. Bradley may be
reached by phone at (404) 562-9352 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the Knoxville Area has attained
the 1997 8-hour ozone NAAQS. The Knoxville Area is comprised of
Anderson, Blount, Jefferson, Knox, Loudon and Sevier Counties in their
entireties and a portion of Cocke County (Great Smoky Mountains
National Park) in Tennessee. EPA's determination is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2007-2009 showing that the Knoxville
Area has monitored attainment of the 1997 8-hour ozone NAAQS.
Preliminary air quality monitoring data available for 2010 are
consistent with continued attainment. On March 12, 2008, EPA
promulgated a revised 8-hour ozone NAAQS (also known as the 2008 8-hour
ozone NAAQS). Subsequently, on January 19, 2010, EPA published a
proposed rule to reconsider the 2008 8-hour ozone NAAQS, and to
promulgate a revised (2010) 8-hour ozone NAAQS. Today's rulemaking does
not address requirements for, or future revisions to, the 2008 or
proposed 2010 8-hour ozone NAAQS.
II. What is the effect of this action?
If this determination is made final, under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), the requirements for the
State of Tennessee to submit an attainment demonstration and associated
RACM, RFP plan, contingency measures,\1\ and any other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS for the Knoxville
Area, shall be suspended for as long as the Area continues to meet the
1997 8-hour ozone NAAQS.
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\1\ Contingency measures associated with a maintenance plan
(such as if the State opts to redesignate this Area to attainment
for the 1997 8-hour ozone NAAQS) would still be required.
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On January 16, 2009 (74 FR 2936), EPA published a proposed
rulemaking to address, among other issues, the United States Court of
Appeals for the District of Columbia Circuit's (DC Circuit) vacatur of
the classification system that EPA used to designate a subset of
initial 1997 8-hour ozone nonattainment areas under title I, part D,
subpart 1 of the Clean Air Act (CAA). In that rulemaking, EPA proposed
that all areas designated nonattainment for the 1997 8-hour ozone NAAQS
under subpart 1 would be classified as subpart 2 areas (hereafter
referred to as the ``Subpart 1/Subpart 2 1997 8-Hour Ozone
Rulemaking''). The Knoxville Area is among those areas that would be
classified if EPA's proposal is finalized. EPA has not yet completed
its final rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour
Ozone Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour Ozone
Rulemaking is finalized, and if the Knoxville Area continues in
attainment for the 1997 8-hour ozone NAAQS, EPA will address in a
future rulemaking the consequences of a determination of attainment for
any requirements to which the Knoxville Area becomes subject as a
result of its reclassification. If after the Knoxville Area is
classified under Subpart 2, EPA determines in a future rulemaking that
the Knoxville Area continues to be in attainment, then the obligation
to submit the pertinent attainment-related requirements for its new
classification would be suspended in accordance with 40 CFR 50.918.
As further discussed below, the proposed determination (the subject
of this rulemaking) for the Knoxville Area would: (1) Suspend the
requirement to submit an attainment demonstration and associated RACM
(including reasonably available control technologies), RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 8-hour ozone NAAQS; (2) continue until such time, if any,
that EPA subsequently determines that the Knoxville Area has violated
the 1997 8-hour ozone NAAQS; (3) be separate from, and not influence or
otherwise affect, any future designation determination or
[[Page 45570]]
requirements for the Knoxville Area based on the revised or
reconsidered 2008 8-hour ozone NAAQS or the proposed 2010 ozone NAAQS;
and (4) remain in effect regardless of whether EPA designates the
Knoxville Area as a nonattainment area for purposes of the revised or
reconsidered 2008 8-hour ozone NAAQS or proposed 2010 8-hour ozone
NAAQS.\2\ Furthermore, as described below, a final clean data
determination is not equivalent to the redesignation of the Knoxville
Area to attainment for the 1997 8-hour ozone NAAQS.
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\2\ As noted above, at this time the proposed determination of
attainment, if finalized, would suspend only those requirements
related to attainment that are currently applicable to the Knoxville
Area.
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If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
Knoxville Area has violated the 1997 8-hour ozone NAAQS, the basis for
the suspension of the specific requirements, set forth at 40 CFR
51.918, would no longer exist, and the Knoxville Area would thereafter
have to address pertinent requirements.
The determination that EPA proposes with this Federal Register
notice is not equivalent to a redesignation of the Knoxville Area to
attainment. Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the 1997 8-hour ozone NAAQS
under section 107(d)(3) of the CAA. Further, finalizing this proposed
action does not involve approving maintenance plans for this Area as
required under section 175A of the CAA, or would a determination that
the Area has met all other requirements for redesignation. The
designation status of the Knoxville Area would remain nonattainment for
the 1997 8-hour ozone NAAQS until such time as EPA determines that it
meets the CAA requirements for redesignation to attainment. The State
of Tennessee is currently working on a redesignation request and
maintenance plan to change the Knoxville Area's status from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA will
consider Tennessee's redesignation request and maintenance plan for the
Knoxville Area in a rulemaking separate from today's proposed action.
This proposed action, if finalized, is limited to a determination
that the Knoxville Area has attained the 1997 8-hour ozone NAAQS. As
noted above, the 1997 8-hour ozone NAAQS became effective on July 18,
1997 (62 FR 38894), and are set forth at 40 CFR 50.10. On March 12,
2008, EPA promulgated revised 8-hour ozone NAAQS. Subsequently, on
January 19, 2010, EPA published a proposed rule to reconsider the 2008
8-hour ozone NAAQS (75 FR 2938) and to propose a revised 2010 NAAQS. In
view of these actions, EPA extended the deadline to make designation
determinations for the 2008 8-hour ozone NAAQS. EPA has not yet made
any designation determination for the Knoxville Area based on the
revised 2008 8-hour ozone or proposed 2010 ozone NAAQS. Today's
proposed determination for the Knoxville Area, and any final
determination, will have no effect on, and is not related to, any
future designation determination that EPA may make based on the revised
or reconsidered 2008 or proposed 2010 8-hour ozone NAAQS for the
Knoxville Area. Conversely, any future designation determination for
the Knoxville Area, based on the revised or reconsidered 2008 or 2010
proposed 8-hour ozone NAAQS, will not have any effect on the
determination proposed by this notice.
If this proposed determination is made final and the Knoxville Area
continues to demonstrate attainment with the 1997 8-hour ozone NAAQS,
the obligation for the State of Tennessee to submit for the Knoxville
Area an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 8-hour ozone NAAQS will remain suspended regardless of
whether EPA designates the Knoxville Area as a nonattainment area for
purposes of the revised or reconsidered 2008 or proposed 2010 8-hour
ozone NAAQS. Once the Knoxville Area is designated for the revised or
reconsidered 2008 or proposed 2010 NAAQS, it will have to meet all
applicable requirements for that designation.
III. What is the background for this action?
On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour
ozone standard of 0.08 parts per million (ppm) for both the primary and
secondary standards. These standards are more stringent than the
previous 1-hour ozone standards. Under EPA regulations at 40 CFR part
50, the 8-hour ozone NAAQS is attained when the 3-year average of the
annual fourth-highest daily maximum 8-hour average ambient air quality
ozone concentrations is less than or equal to 0.08 ppm (i.e., 0.084 ppm
when rounding is considered). Ambient air quality monitoring data for
the 3-year period must meet a data completeness requirement. The
ambient air quality monitoring data completeness requirement is met
when the average percent of days with valid ambient monitoring data is
greater than 90 percent, and no single year has less than 75 percent
data completeness as determined in Appendix I of part 50. Specifically,
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the
Primary and Secondary Ozone Standards'' states:
``The primary and secondary ozone ambient air quality standards are
met at an ambient air quality monitoring site when the 3-year average
of the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the rounding
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration with the level
of the standard. The third decimal place of the computed value is
rounded, with values equal to or greater than 5 rounding up. Thus, a
computed 3-year average ozone concentration of 0.085 ppm is the
smallest value that is greater than 0.08 ppm.''
On April 30, 2004 (69 FR 23857), EPA published its air quality
designations and classifications for the 1997 8-hour ozone NAAQS based
upon air quality monitoring data from those monitors for calendar years
2001-2003 (84 FR 23858). These designations became effective on June
15, 2004. The Knoxville Area is comprised of a portion of Cocke County
(Great Smoky Mountains National Park), and the entire counties of
Anderson, Blount, Jefferson, Knox, Loudon and Sevier; and was
designated nonattainment for the 1997 8-hour ozone NAAQS (see 40 CFR
part 81).
On February 19, 2010, the State of Tennessee, through TDEC,
submitted a request to EPA to make a determination that the Knoxville
Area has attained the 1997 8-hour ozone NAAQS based on complete,
quality assured, quality controlled monitoring data from 2007 through
2009.
IV. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the three most recent years of complete,
certified, quality assured and quality controlled ambient air
monitoring data for the 1997 8-hour ozone NAAQS, consistent with the
requirements contained in 40 CFR part 50, as recorded in the EPA Air
Quality System (AQS) database for the Knoxville Area. Based on that
review, EPA has concluded that the Knoxville Area attained the 1997 8-
hour ozone NAAQS during the 2007-2009 monitoring period. Under EPA
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regulations at 40 CFR 50.10, the 1997 8-hour primary and secondary
ozone ambient air quality standards are met at an ambient air quality
monitoring site when the three-year average of the annual fourth-
highest daily maximum 8-hour average concentration is less than or
equal to 0.08 ppm, as determined in accordance with appendix I of 40
CFR part 50.
Table 1 shows the design values (the metrics calculated in
accordance with 40 CFR part 50, appendix I, for determining compliance
with the NAAQS) for the 1997 8-hour ozone NAAQS for the Knoxville Area
monitors for the years 2007-2009.
Table 1--Design Values for Counties in the Knoxville, Tennessee Nonattainment Area for the 1997 8-hour Ozone NAAQS
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2007-2009
Location AQS site ID 2007 (ppm) 2008 (ppm) 2009 (ppm) design value
(ppm)
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Anderson County................................ Freels Bend Study Area (470010101-1)... 0.080 0.073 0.065 0.072
Blount County.................................. Look Rock, GSMNP (470090101-1)......... 0.088 0.082 0.069 0.079
Cades Cove, GSMNP (470090102-1)........ 0.074 0.071 0.062 0.069
Jefferson County............................... 1188 Lost Creek Road (470890002-1)..... 0.085 0.075 0.068 0.076
Knox County.................................... 9315 Rutledge Pike (470930021-1))...... 0.087 0.079 0.066 0.077
4625 Mildred Drive (470931020-1)....... 0.092 0.086 0.068 0.082
Loudon County.................................. 130 Webb Drive (471050109-1)........... 0.088 0.077 0.067 0.077
Sevier County.................................. Cove Mountain, GSMNP (471550101-1)..... 0.088 0.079 0.070 0.079
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EPA's review of these data indicates that the Knoxville Area has
met and continues to meet the 1997 8-hour ozone NAAQS. Preliminary air
quality monitoring data available for 2010 also continue to demonstrate
attainment. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
V. Proposed Action
EPA is proposing to determine that the Knoxville, Tennessee, 1997
8-hour nonattainment area has attained the 1997 8-hour ozone NAAQS
based on 2007-2009 complete, quality-assured, quality-controlled and
certified monitoring data. As provided in 40 CFR 51.918, if EPA
finalizes this determination, it would suspend the requirements for the
State of Tennessee to submit, for the Knoxville Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the 1997 8-hour ozone
NAAQS as long as the Area continues to attain the 1997 8-hour ozone
NAAQS.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission or state request 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 or state request, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA. Accordingly, this proposed 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
proposed 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 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 CAA; 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 action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the impacted area is not 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Volatile
organic compounds.
Dated: July 23, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-19052 Filed 8-2-10; 8:45 am]
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