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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
TN ID: [TN-257-200402(a); FRL-7616-2]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans--Tennessee: Knox County Maintenance Plan Update
DATES: This direct final rule is effective April 2, 2004 without further notice, unless EPA receives adverse comment by March 3, 2004. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
DOCUMENT SUMMARY: The EPA is approving revisions to the Tennessee State Implementation Plan (SIP) submitted by the Tennessee Department of Environment and Conservation (TDEC) on August 20, 2003. This SIP revision satisfies the requirement of the Clean Air Act as amended in 1990 (CAA) for the 10year update of the Knox County 1hour ozone maintenance plan.
SUMMARY: Tennessee,
SUPPLEMENTAL INFORMATION
I. General InformationA. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public rulemaking file available for inspection at the Regional Office. EPA has established an official public rulemaking file for this action under TN257. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public rulemaking file is the collection of materials that is available for public viewing 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 303038960. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 9 to 3:30, excluding federal holidays.
2. Copies of the State submittal and EPA's technical support document are also available for public inspection during normal business hours, by appointment, at the State Air Agency. Tennessee Department of Environment and Conservation, Division of Air Pollution Control, L & C Annex, 401 Church Street, Nashville, TN 372431531.
3. Electronic Access. You may access this Federal Register document [[Page 4853]]
/http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ``Public comment on proposed rulemaking TN257'' in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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.
i. Email. Comments may be sent by electronic mail (email) to hoffman.annemarie@epa.gov. Please include the text ``Public comment on proposed rulemaking TN257'' in the subject line. EPA's email system is not an ``anonymous access'' system. If you send an email comment directly without going through Regulations.gov, EPA's email system automatically captures your email address. Email addresses that are automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.
ii. Regulation.gov. Your use of Regulation.gov is an alternative method of submitting electronic comments to EPA. Go directly to Regulations.gov at http://www.regulations.gov, then select Environmental Protection Agency at the top of the page and use the go button. The list of current EPA actions available for comment will be listed. Please follow the online instructions for submitting comments. The system is an ``anonymous access'' system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in section 2, directly below. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: Anne Marie Hoffman, 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 303038960. Please include the text ``Public comment on proposed rulemaking TN257'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Anne Marie Hoffman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, 12th floor, U.S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 303038960. 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, 9 to 3:30, excluding federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI electronically to EPA. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate regional file/rulemaking identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
II. Background
The air quality maintenance plan is a requirement of the 1990 CAA for
[[Page 4854]]
nonattainment areas that come into compliance with the national ambient
air quality standards (NAAQS). Knox County was designated as
nonattainment for the 1hour ozone NAAQS on November 6, 1991. After
demonstrating that the area had air quality monitoring data showing
compliance with the 1hour ozone NAAQS, the State of Tennessee
requested that the EPA redesignate Knox County to attainment for the 1
hour ozone standard on August 26, 1992. Included with this request was
a 10year air quality maintenance plan covering the years 1994 to 2004.
This plan was developed in accordance with the appropriate guidelines.
The EPA published a Federal Register notice approving this plan and the
redesignation to attainment on September 27, 1993 with an effective date of October 27, 1993 (58 FR 50271).
Subsequent revisions to this maintenance plan have been made. The current plan was approved by the EPA on August 5, 1997, and became effective on October 6, 1997 (62 FR 42068). TDEC revised the original plan to update emissions inventories reflecting more accurate emission estimates and to define specific Motor Vehicle Emissions Budgets (MVEB).
This SIP revision satisfies the requirement of the CAA for the 10
year update of the Knox County 1hour ozone maintenance plan. Changes
to the current maintenance plan include revisions to the emissions
inventory for both onroad and nonroad mobile sources, improved
methodologies contained in the MOBILE6 and NONROAD emission models. New
emissions data for both the base year (attainment year) and the
projected years (2004 and 2014) are calculated. Also, updated MVEB in
support of the transportation conformity process, are defined for
volatile organic compounds (VOC) and nitrogen oxides (NO
On August 20, 2003, the TDEC submitted revisions to the Tennessee
SIP for the new 10year maintenance plan to provide a 10year extension
to the maintenance plan as required by section 175A(b) of the CAA as
amended in 1990. The underlying strategy of the maintenance plan is to
maintain compliance with the 1hour ozone standard by assuring that
current and future emissions of VOC and NO
Projected Emissions
Volatile Organic Compounds
[Tons per day]
1990 base
VOC Category year 2004 2014
Knox.................................. Stationary Point........ 8.06 8.90 10.26
Stationary Area......... 28.82 30.90 32.48
OnRoad Mobile.......... 40.84 21.27 10.51
NonRoad Mobile......... 9.81 10.52 11.06
Biogenic................ 32.43 32.43 32.43
Total............................. ........................ 119.96 104.02 96.74
=================
Safety Margin......................... Calculated as 1990 base .............. 15.94 23.22
year minus projected year total.
Nitrogen Oxides
[Tons per day]
1990 base
NOX Category year 2004 2014
Knox.................................. Stationary Point........ 8.96 11.73 13.17
Stationary Area......... 3.66 3.92 4.13
OnRoad Mobile.......... 37.62 31.10 13.27
NonRoad Mobile......... 9.77 10.48 11.01
Biogenic................ 0.00 0.00 0.00
Total............................. ........................ 60.01 57.23 41.58
=================
Safety Margin......................... Calculated as 1990 base .............. 2.79 18.43
year minus projected year total.
[[Page 4855]]
Motor Vehicle Emissions Budgets
Section 176(c) of the CAA, 42 U.S.C. 7506(c), states that
transportation plans, programs, and projects must conform to an
approved implementation plan. Pursuant to 40 CFR part 93 (i.e., the
Transportation Conformity Rule) a specific emissions budget is defined
for VOC and NO
The MVEB are defined for the county, for 2004 and 2014, in the
State's submittal. The values, for both years, are equal to the 2004
onroad mobile source projected level of emissions plus an allocation
from the safety margin. This allocation from the safety margin accounts
for uncertainty in the projections and is available because of
significant reductions of VOC and NO
MVEB
[Tons per day]
County Pollutant 2004 2014
Knox............................... VOC 29.24 22.12
NOX 33.89 22.49
For the year 2004, the safety margins were 15.94 tpd for VOC and
2.79 tpd for NO
IV. Final Action
EPA is approving the aforementioned changes to the State of Tennessee SIP because they are consistent with the CAA and EPA policy. The 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 April 2, 2004 without further notice unless the Agency receives adverse comments by March 3, 2004.
If the 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. The 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 April 2, 2004 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.
V. 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 preexisting 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. 1044).
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 approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. 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 Clean Air Act. 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 Clean Air Act. 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
[[Page 4856]]
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 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 April 2, 2004. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 20, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Part 52 of chapter I, title 40, Code of Federal Regulations, 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 RRTennessee
2. Section 52.2220(e), is amended by adding a new table, ``EPA Approved Tennessee NonRegulatory Provisions,'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) EPAApproved Tennessee NonRegulatory Provisions
EPAApproved Tennessee NonRegulatory Provisions Applicable
Name of nonregulatory SIP geographic or State effective EPA approval date Explanation
provision nonattainment area date
Revision to Maintenance Plan Knox County, TN... July 16, 2003..... 2/4/04 [Insert
Update for Knox County, citation of
Tennessee. publication]. [FR Doc. 041970 Filed 13004; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Anne Marie Hoffman, Air, Pesticides &
Toxics Management Division, Air Planning Branch, Regulatory Development
Section, Environmental Protection Agency Region 4, Atlanta Federal
Center, 61 Forsyth Street, SW, Atlanta, Georgia 303038960. Ms.
Hoffman's phone number is 4045629074. She can also be reached via
electronic mail at hoffman.annemarie@epa.gov or Lynorae Benjamin, Air,
Pesticides & Toxics Management Division, Air Planning Branch, Air
Quality Modeling & Transportation Section, Environmental Protection
Agency Region 4, Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, Georgia 303038960. Ms. Benjamin's phone number is 404562 9040. She can also be reached via electronic mail at
benjamin.lynorae@epa.gov.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 50 CFR Part 660 39 CFR Part 111 40 CFR Part 300 44 CFR Part 65 40 CFR Part 271 40 CFR Parts 52 and 81 47 CFR Part 64 50 CFR Part 665 49 CFR Part 571 44 CFR Part 64 21 CFR Part 522 50 CFR Part 229 14 CFR Part 23