80 FR 39970 - Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Knoxville 2008 8-Hour Ozone Nonattainment Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range		39970-39973
FR Document		2015-17055

The Environmental Protection Agency (EPA) is taking four separate final actions related to a state implementation plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Division of Air Pollution Control, on November 14, 2014, for the Knoxville, Tennessee 8-hour ozone nonattainment area (hereinafter referred to as the ``Knoxville Area'' or ``Area''). The Knoxville Area includes a portion of Anderson County as well as Blount and Knox Counties in their entireties. EPA is approving the base year emissions inventory for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Knoxville Area; determining that the Knoxville Area is attaining the 2008 8-hour ozone NAAQS; approving into the SIP the State's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including the 2011 and 2026 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOC); and redesignating the Area to attainment for the 2008 8-hour ozone NAAQS. EPA is also finding the 2011 and 2026 MVEBs for NO<INF>X</INF> and VOC for the Knoxville Area adequate for the purposes of transportation conformity.

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)

[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39970-39973]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-17055]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2014-0870; FRL-9930-49-Region 4]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of
the Knoxville 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking four
separate final actions related to a state implementation plan (SIP)
revision submitted by the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), Division of Air
Pollution Control, on November 14, 2014, for the Knoxville, Tennessee
8-hour ozone nonattainment area (hereinafter referred to as the
``Knoxville Area'' or ``Area''). The Knoxville Area includes a portion
of Anderson County as well as Blount and Knox Counties in their
entireties. EPA is approving the base year emissions inventory for the
2008 8-hour ozone national ambient air quality standards (NAAQS) for
the Knoxville Area; determining that the Knoxville Area is attaining
the 2008 8-hour ozone NAAQS; approving into the SIP the State's plan
for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area,
including the 2011 and 2026 motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile organic compounds (VOC);
and redesignating the Area to attainment for the 2008 8-hour ozone
NAAQS. EPA is also finding the 2011 and 2026 MVEBs for NOX
and VOC for the Knoxville Area adequate for the purposes of
transportation conformity.

DATES: This rule is effective August 12, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0870. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section (formerly the Regulatory
Development Section), Air Planning and Implementation Branch (formerly
the 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 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Tiereny Bell of the Air
Regulatory Management Section, in the Air Planning and Implementation
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Ms. Spann may be reached by phone at (404)
562-9029 or via electronic mail at spann.jane@epa.gov. Ms. Bell may be
reached by phone at (404) 562-9088 or via electronic mail at
bell.tiereny@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background for Final Actions

On May 21, 2012, EPA designated areas as unclassifiable/attainment
or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated
on March 27, 2008. See 77 FR 30088. The Knoxville Area was designated
as nonattainment for the 2008 8-hour ozone NAAQS and classified as a
marginal nonattainment area. On November 14, 2014, TDEC requested that
EPA redesignate the Area to attainment for the 2008 8-hour ozone NAAQS
and submitted a SIP revision containing a base year emissions inventory
for the Area to address the requirements of Clean Air Act (CAA or Act)
section 182(a)(1) and the State's plan for maintaining attainment of
the 2008 8-hour ozone standard in the Area, including the 2011 and 2026
MVEBs for NOX and VOC. In a notice of proposed rulemaking
(NPR) published on May 21, 2015, EPA proposed to approve the base year
emissions inventory for the 2008 8-hour ozone NAAQS for the Knoxville
Area; to determine that the Knoxville Area is attaining the 2008 8-hour
ozone NAAQS; to approve into the SIP the

[[Page 39971]]

State's plan for maintaining attainment of the 2008 8-hour ozone
standard in the Area, including the 2011 and 2026 MVEBs for
NOX and VOC; and to redesignate the Area to attainment for
the 2008 8-hour ozone NAAQS. See 80 FR 29237. In that notice, EPA also
notified the public of the status of the Agency's adequacy
determination for the Knoxville Area NOX and VOC MVEBs.\1\
The details of Tennessee's submittal and the rationale for EPA's
actions are explained in the NPR. EPA received one comment on the May
21, 2015, NPR. This comment is provided in the docket for today's final
actions and supports those actions. EPA's response to the comment is
provided below.
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\1\ Tennessee's November 14, 2015, SIP submission, including the
Knoxville Area NOX and VOC MVEBs, was open for public
comment on EPA's adequacy Web site on December 4, 2014, found at:
http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#knx-tn. The EPA public comment period on adequacy for the MVEBs for 2011
and 2026 for the Knoxville Area closed on January 5, 2015. No
comments, adverse or otherwise, were received during EPA's adequacy
process for the MVEBs associated with Tennessee's maintenance plan.
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II. EPA's Response to Comment

The Commenter ``support[s] this docket as written'' and states that
``it is clear the metro area [Knoxville] is in attainment of the 2008
8-hour ozone standard.'' Although supportive of the actions, the
Commenter is ``somewhat suspicious of the large projected decreases in
NOX from [on] road sources, given that vehicle traffic will
almost certainly be increasing throughout the modeled time period.''
The Commenter believes that it ``seems likely that smaller. .
.reductions in NOX from [on] road sources. . . will still
result in continued attainment of the ozone standard given that current
NOX emissions are resulting in ozone attainment.''
EPA does not view this comment as adverse. Regarding the magnitude
of the projected on-road mobile source NOX emissions
reductions given increased vehicle traffic, EPA notes that Tennessee
used the interagency consultation process required by 40 CFR part 93
(known as the Transportation Conformity Rule) which requires EPA, the
United States Department of Transportation, metropolitan planning
organizations (MPOs), state departments of transportation, and State
and local air quality agencies to work together to develop applicable
implementation plans. The planning assumptions used to develop on-road
NOX emissions estimates for the Knoxville Area maintenance
plan applied emissions factors developed from the latest EPA-approved
mobile emissions model (known as the Motor Vehicle Emissions Simulator
or MOVES2014) and did consider increased vehicle traffic by
incorporating the increased vehicle miles travelled from the MPO's
travel demand model. MOVES2014 is the state-of-the-science emissions
model that incorporates the newest emissions control regulatory
programs.

III. What are the effects of these actions?

Approval of Tennessee's redesignation request changes the legal
designation of Blount and Knox Counties and the portion of Anderson
County included in the Knoxville Area, found at 40 CFR 81.343, from
nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval
of Tennessee's associated SIP revision also incorporates a plan for
maintaining the 2008 8-hour ozone NAAQS in the Knoxville Area through
2026 and a section 182(a)(1) base year emissions inventory into the
Tennessee SIP. The maintenance plan establishes NOX and VOC
MVEBs for 2011 and 2026 for the Knoxville Area and includes contingency
measures to remedy any future violations of the 2008 8-hour ozone NAAQS
and procedures for evaluation of potential violations. The
NOX MVEBs for 2011 and 2026 are 41.62 tons per day (tpd) and
17.69 tpd, respectively. The VOC MVEBs for 2011 and 2026 are 19.71 tpd
and 10.49 tpd, respectively. Additionally, EPA is finding the newly-
established NOX and VOC MVEBs for the Knoxville Area
adequate for the purpose of transportation conformity. Within 24 months
from this final rule, the transportation partners will need to
demonstrate conformity to the new NOX and VOC MVEBs pursuant
to 40 CFR 93.104(e).

IV. Final Actions

EPA is taking four separate but related actions regarding the
Knoxville Area's redesignation to attainment and maintenance of the
2008 8-hour ozone NAAQS. First, EPA is approving Tennessee's section
182(a)(1) base year emissions inventory for the 2008 8-hour ozone
standard for the Knoxville Area into the SIP. Approval of the base year
inventory is a prerequisite for EPA to redesignate the Area from
nonattainment to attainment.
Second, EPA is determining that the Knoxville Area is attaining the
2008 8-hour ozone NAAQS based on complete, quality-assured and
certified monitoring data for the 2011-2013 monitoring period. The
2012-2014 data in the Air Quality System indicates that the Area is
continuing to attain the 2008 8-hour ozone NAAQS.
Third, EPA is approving the maintenance plan for the Knoxville
Area, including the NOX and VOC MVEBs for 2011 and 2026,
into the Tennessee SIP (under CAA section 175A). The maintenance plan
demonstrates that the Area will continue to maintain the 2008 8-hour
ozone NAAQS, and the budgets meet all of the adequacy criteria
contained in 40 CFR 93.118(e)(4) and (5).
Fourth, EPA is determining that Tennessee has met the criteria
under CAA section 107(d)(3)(E) for the Knoxville Area for redesignation
from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On
this basis, EPA is approving Tennessee's redesignation request for the
2008 8-hour ozone NAAQS for the Knoxville Area. As mentioned above,
approval of the redesignation request changes the official designation
of Blount and Knox Counties and the portion of Anderson County in the
Knoxville Area for the 2008 8-hour ozone NAAQS from nonattainment to
attainment, as found at 40 CFR part 81.
EPA is also finding the newly-established NOX and VOC
MVEBs for the Knoxville Area adequate for the purpose of transportation
conformity. Within 24 months from this final rule, the transportation
partners will need to demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR 93.104(e).

V. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 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 CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those

[[Page 39972]]

imposed by state or federal law. For these reasons, these actions:
Are not a significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are 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.);
do 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);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are 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
do 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 11, 2015. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air pollution control.

Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 two new entries for ``2008
8-hour Ozone Maintenance Plan for the Knoxville Area'' and ``2008 8-
hour Ozone Emissions Inventory for the Knoxville Area'' at the end of
the table 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 EPA Approval
provision nonattainment effective date Explanation
area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2008 8-hour Ozone Maintenance Blount County, 11/14/14 7/13/15 [Insert .................................
Plan for the Knoxville Area. Knox County, citation of
and a portion publication].
of Anderson
County.
2008 8-hour Ozone Emissions Blount County, 11/14/14 ............... .................................
Inventory for the Knoxville Knox County,
Area. and a portion
of Anderson
County.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

0
4. In Sec. 81.343, the table entitled ``Tennessee-2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended by revising the entries for
``Knoxville, TN,'' ``Anderson County (part),'' ``Blount County,'' and
``Knox County'' to read as follows:

Sec. 81.343 Tennessee.

* * * * *

[[Page 39973]]

Tennessee-2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Category/Classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Knoxville, TN \2\............. This action is Attainment...... ..................... .....................
effective 7/13/
15.
Anderson County (part):
2000 Census tracts: 202, ................ ................ ..................... .....................
213.02.
Blount County................. ................ ................ ..................... .....................
Knox County................... ................ ................ ..................... .....................

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes any Indian country in each county or area, unless otherwise specified.

* * * * *
[FR Doc. 2015-17055 Filed 7-10-15; 8:45 am]
BILLING CODE 6560-50-P

39970 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative State effective EPA approval Additional explanation/
Title/subject
Regulations (COMAR) date date citation at 40 CFR 52.1100
citation

26.11.01 General Administrative Provisions

26.11.01.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register
citation].

* * * * * * *

26.11.17 Requirements for Major New Sources and Modifications

26.11.17.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register
citation].
26.11.17.02 ............... Applicability ................................ 7/8/13 7/13/15 [Insert Federal Register
citation].

* * * * * * *

* * * * * Area, including the 2011 and 2026 FOR FURTHER INFORMATION CONTACT: Jane
[FR Doc. 2015–16918 Filed 7–10–15; 8:45 am] motor vehicle emission budgets Spann or Tiereny Bell of the Air
BILLING CODE 6560–50–P (MVEBs) for nitrogen oxides (NOX) and Regulatory Management Section, in the
volatile organic compounds (VOC); and Air Planning and Implementation
redesignating the Area to attainment for Branch, Air, Pesticides and Toxics
ENVIRONMENTAL PROTECTION the 2008 8-hour ozone NAAQS. EPA is Management Division, U.S.
AGENCY also finding the 2011 and 2026 MVEBs Environmental Protection Agency,
for NOX and VOC for the Knoxville Area Region 4, 61 Forsyth Street SW.,
40 CFR Parts 52 and 81 adequate for the purposes of Atlanta, Georgia 30303–8960. Ms.
[EPA–R04–OAR–2014–0870; FRL–9930–49- transportation conformity. Spann may be reached by phone at (404)
Region 4] 562–9029 or via electronic mail at
DATES: This rule is effective August 12, spann.jane@epa.gov. Ms. Bell may be
Approval and Promulgation of 2015. reached by phone at (404) 562–9088 or
Implementation Plans and Designation ADDRESSES: EPA has established a via electronic mail at bell.tiereny@
of Areas for Air Quality Planning docket for this action under Docket epa.gov.
Purposes; Tennessee; Redesignation Identification No. EPA–R04–OAR– SUPPLEMENTARY INFORMATION:
of the Knoxville 2008 8-Hour Ozone 2014–0870. All documents in the docket
Nonattainment Area to Attainment are listed on the www.regulations.gov I. Background for Final Actions
AGENCY: Environmental Protection Web site. Although listed in the index, On May 21, 2012, EPA designated
Agency (EPA). some information may not be publicly areas as unclassifiable/attainment or
ACTION: Final rule.
available, i.e., Confidential Business nonattainment for the 2008 8-hour
Information or other information whose ozone NAAQS that was promulgated on
SUMMARY: The Environmental Protection disclosure is restricted by statute. March 27, 2008. See 77 FR 30088. The
Agency (EPA) is taking four separate Certain other material, such as Knoxville Area was designated as
final actions related to a state copyrighted material, is not placed on nonattainment for the 2008 8-hour
implementation plan (SIP) revision the Internet and will be publicly ozone NAAQS and classified as a
submitted by the State of Tennessee, available only in hard copy form. marginal nonattainment area. On
through the Tennessee Department of Publicly available docket materials are November 14, 2014, TDEC requested
Environment and Conservation (TDEC), available either electronically through that EPA redesignate the Area to
Division of Air Pollution Control, on www.regulations.gov or in hard copy at attainment for the 2008 8-hour ozone
November 14, 2014, for the Knoxville, the Air Regulatory Management Section NAAQS and submitted a SIP revision
Tennessee 8-hour ozone nonattainment (formerly the Regulatory Development containing a base year emissions
area (hereinafter referred to as the Section), Air Planning and inventory for the Area to address the
‘‘Knoxville Area’’ or ‘‘Area’’). The Implementation Branch (formerly the requirements of Clean Air Act (CAA or
Knoxville Area includes a portion of Air Planning Branch), Air, Pesticides Act) section 182(a)(1) and the State’s
Anderson County as well as Blount and and Toxics Management Division, U.S. plan for maintaining attainment of the
Knox Counties in their entireties. EPA is Environmental Protection Agency, 2008 8-hour ozone standard in the Area,
approving the base year emissions Region 4, 61 Forsyth Street SW., including the 2011 and 2026 MVEBs for
inventory for the 2008 8-hour ozone Atlanta, Georgia 30303–8960. EPA NOX and VOC. In a notice of proposed
srobinson on DSK5SPTVN1PROD with RULES

national ambient air quality standards requests that if at all possible, you rulemaking (NPR) published on May 21,
(NAAQS) for the Knoxville Area; contact the person listed in the FOR 2015, EPA proposed to approve the base
determining that the Knoxville Area is FURTHER INFORMATION CONTACT section to year emissions inventory for the 2008 8-
attaining the 2008 8-hour ozone schedule your inspection. The Regional hour ozone NAAQS for the Knoxville
NAAQS; approving into the SIP the Office’s official hours of business are Area; to determine that the Knoxville
State’s plan for maintaining attainment Monday through Friday, 8:30 a.m. to Area is attaining the 2008 8-hour ozone
of the 2008 8-hour ozone NAAQS in the 4:30 p.m., excluding Federal holidays. NAAQS; to approve into the SIP the

VerDate Sep<11>2014 17:02 Jul 10, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\13JYR1.SGM 13JYR1

Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39971

State’s plan for maintaining attainment factors developed from the latest EPA- Quality System indicates that the Area
of the 2008 8-hour ozone standard in the approved mobile emissions model is continuing to attain the 2008 8-hour
Area, including the 2011 and 2026 (known as the Motor Vehicle Emissions ozone NAAQS.
MVEBs for NOX and VOC; and to Simulator or MOVES2014) and did Third, EPA is approving the
redesignate the Area to attainment for consider increased vehicle traffic by maintenance plan for the Knoxville
the 2008 8-hour ozone NAAQS. See 80 incorporating the increased vehicle Area, including the NOX and VOC
FR 29237. In that notice, EPA also miles travelled from the MPO’s travel MVEBs for 2011 and 2026, into the
notified the public of the status of the demand model. MOVES2014 is the Tennessee SIP (under CAA section
Agency’s adequacy determination for state-of-the-science emissions model 175A). The maintenance plan
the Knoxville Area NOX and VOC that incorporates the newest emissions demonstrates that the Area will
MVEBs.1 The details of Tennessee’s control regulatory programs. continue to maintain the 2008 8-hour
submittal and the rationale for EPA’s ozone NAAQS, and the budgets meet all
III. What are the effects of these of the adequacy criteria contained in 40
actions are explained in the NPR. EPA
actions? CFR 93.118(e)(4) and (5).
received one comment on the May 21,
2015, NPR. This comment is provided Approval of Tennessee’s Fourth, EPA is determining that
in the docket for today’s final actions redesignation request changes the legal Tennessee has met the criteria under
and supports those actions. EPA’s designation of Blount and Knox CAA section 107(d)(3)(E) for the
response to the comment is provided Counties and the portion of Anderson Knoxville Area for redesignation from
below. County included in the Knoxville Area, nonattainment to attainment for the
found at 40 CFR 81.343, from 2008 8-hour ozone NAAQS. On this
II. EPA’s Response to Comment nonattainment to attainment for the basis, EPA is approving Tennessee’s
The Commenter ‘‘support[s] this 2008 8-hour ozone NAAQS. Approval of redesignation request for the 2008 8-
docket as written’’ and states that ‘‘it is Tennessee’s associated SIP revision also hour ozone NAAQS for the Knoxville
clear the metro area [Knoxville] is in incorporates a plan for maintaining the Area. As mentioned above, approval of
attainment of the 2008 8-hour ozone 2008 8-hour ozone NAAQS in the the redesignation request changes the
standard.’’ Although supportive of the Knoxville Area through 2026 and a official designation of Blount and Knox
actions, the Commenter is ‘‘somewhat section 182(a)(1) base year emissions Counties and the portion of Anderson
suspicious of the large projected inventory into the Tennessee SIP. The County in the Knoxville Area for the
decreases in NOX from [on] road maintenance plan establishes NOX and 2008 8-hour ozone NAAQS from
sources, given that vehicle traffic will VOC MVEBs for 2011 and 2026 for the nonattainment to attainment, as found
almost certainly be increasing Knoxville Area and includes at 40 CFR part 81.
throughout the modeled time period.’’ contingency measures to remedy any EPA is also finding the newly-
The Commenter believes that it ‘‘seems future violations of the 2008 8-hour established NOX and VOC MVEBs for
likely that smaller. . .reductions in ozone NAAQS and procedures for the Knoxville Area adequate for the
NOX from [on] road sources. . . will evaluation of potential violations. The purpose of transportation conformity.
still result in continued attainment of NOX MVEBs for 2011 and 2026 are Within 24 months from this final rule,
the ozone standard given that current 41.62 tons per day (tpd) and 17.69 tpd, the transportation partners will need to
NOX emissions are resulting in ozone respectively. The VOC MVEBs for 2011 demonstrate conformity to the new NOX
attainment.’’ and 2026 are 19.71 tpd and 10.49 tpd, and VOC MVEBs pursuant to 40 CFR
EPA does not view this comment as respectively. Additionally, EPA is 93.104(e).
adverse. Regarding the magnitude of the finding the newly-established NOX and V. Statutory and Executive Order
projected on-road mobile source NOX VOC MVEBs for the Knoxville Area Reviews
emissions reductions given increased adequate for the purpose of
vehicle traffic, EPA notes that transportation conformity. Within 24 Under the CAA, redesignation of an
Tennessee used the interagency months from this final rule, the area to attainment and the
consultation process required by 40 CFR transportation partners will need to accompanying approval of the
part 93 (known as the Transportation demonstrate conformity to the new NOX maintenance plan under CAA section
Conformity Rule) which requires EPA, and VOC MVEBs pursuant to 40 CFR 107(d)(3)(E) are actions that affect the
the United States Department of 93.104(e). status of geographical area and do not
Transportation, metropolitan planning impose any additional regulatory
IV. Final Actions requirements on sources beyond those
organizations (MPOs), state departments
of transportation, and State and local air EPA is taking four separate but related required by state law. A redesignation to
quality agencies to work together to actions regarding the Knoxville Area’s attainment does not in and of itself
develop applicable implementation redesignation to attainment and impose any new requirements, but
plans. The planning assumptions used maintenance of the 2008 8-hour ozone rather results in the application of
to develop on-road NOX emissions NAAQS. First, EPA is approving requirements contained in the CAA for
estimates for the Knoxville Area Tennessee’s section 182(a)(1) base year areas that have been redesignated to
maintenance plan applied emissions emissions inventory for the 2008 8-hour attainment. Moreover, the Administrator
ozone standard for the Knoxville Area is required to approve a SIP submission
1 Tennessee’s November 14, 2015, SIP into the SIP. Approval of the base year that complies with the provisions of the
submission, including the Knoxville Area NOX and inventory is a prerequisite for EPA to Act and applicable Federal regulations.
VOC MVEBs, was open for public comment on redesignate the Area from See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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EPA’s adequacy Web site on December 4, 2014,
found at: http://www.epa.gov/otaq/stateresources/ nonattainment to attainment. Thus, in reviewing SIP submissions,
transconf/currsips.htm#knx-tn. The EPA public Second, EPA is determining that the EPA’s role is to approve state choices,
comment period on adequacy for the MVEBs for Knoxville Area is attaining the 2008 8- provided that they meet the criteria of
2011 and 2026 for the Knoxville Area closed on hour ozone NAAQS based on complete, the CAA. Accordingly, these actions
January 5, 2015. No comments, adverse or
otherwise, were received during EPA’s adequacy
quality-assured and certified monitoring merely approve state law as meeting
process for the MVEBs associated with Tennessee’s data for the 2011–2013 monitoring Federal requirements and do not impose
maintenance plan. period. The 2012–2014 data in the Air additional requirements beyond those

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39972 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations

imposed by state or federal law. For methods, under Executive Order 12898 such rule or action. This action may not
these reasons, these actions: (59 FR 7629, February 16, 1994). be challenged later in proceedings to
• Are not a significant regulatory The SIP is not approved to apply on enforce its requirements. See section
actions subject to review by the Office any Indian reservation land or in any 307(b)(2).
of Management and Budget under other area where EPA or an Indian tribe
has demonstrated that a tribe has List of Subjects
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, jurisdiction. In those areas of Indian 40 CFR Part 52
January 21, 2011); country, the rule does not have tribal
implications as specified by Executive Environmental protection, Air
• do not impose an information pollution control, Incorporation by
collection burden under the provisions Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial reference, Intergovernmental relations,
of the Paperwork Reduction Act (44 Nitrogen dioxide, Ozone, Reporting and
U.S.C. 3501 et seq.); direct costs on tribal governments or
preempt tribal law. recordkeeping requirements, Volatile
• are certified as not having a organic compounds.
significant economic impact on a The Congressional Review Act, 5
substantial number of small entities U.S.C. 801 et seq., as added by the Small 40 CFR Part 81
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement
Fairness Act of 1996, generally provides Environmental protection, Air
U.S.C. 601 et seq.); pollution control.
that before a rule may take effect, the
• do not contain any unfunded
agency promulgating the rule must Dated: July 6, 2015.
mandate or significantly or uniquely
submit a rule report, which includes a Heather McTeer Toney,
affect small governments, as described
copy of the rule, to each House of the Regional Administrator, Region 4.
in the Unfunded Mandates Reform Act Congress and to the Comptroller General
of 1995 (Pub. L. 104–4); 40 CFR parts 52 and 81 are amended
of the United States. EPA will submit a
• do not have Federalism report containing this action and other
as follows:
implications as specified in Executive required information to the U.S. Senate,
Order 13132 (64 FR 43255, August 10, PART 52—APPROVAL AND
the U.S. House of Representatives, and PROMULGATION OF
1999); the Comptroller General of the United IMPLEMENTATION PLANS
• are not economically significant States prior to publication of the rule in
regulatory actions based on health or the Federal Register. A major rule ■ 1. The authority citation for part 52
safety risks subject to Executive Order cannot take effect until 60 days after it continues to read as follows:
13045 (62 FR 19885, April 23, 1997); is published in the Federal Register.
• are not a significant regulatory Authority: 42 U.S.C. 7401 et seq.
This action is not a ‘‘major rule’’ as
action subject to Executive Order 13211 defined by 5 U.S.C. 804(2). Subpart RR—Tennessee
(66 FR 28355, May 22, 2001); Under section 307(b)(1) of the CAA,
• are not subject to requirements of petitions for judicial review of this ■ 2. Section 52.2220(e) is amended by
Section 12(d) of the National action must be filed in the United States adding two new entries for ‘‘2008 8-
Technology Transfer and Advancement Court of Appeals for the appropriate hour Ozone Maintenance Plan for the
Act of 1995 (15 U.S.C. 272 note) because circuit by September 11, 2015. Filing a Knoxville Area’’ and ‘‘2008 8-hour
application of those requirements would petition for reconsideration by the Ozone Emissions Inventory for the
be inconsistent with the CAA; and Administrator of this final rule does not Knoxville Area’’ at the end of the table
• do not provide EPA with the affect the finality of this action for the to read as follows:
discretionary authority to address, as purposes of judicial review nor does it
appropriate, disproportionate human extend the time within which a petition § 52.2220 Identification of plan.
health or environmental effects, using for judicial review may be filed, and * * * * *
practicable and legally permissible shall not postpone the effectiveness of (e) * * *

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or non- effective EPA Approval date Explanation
provision attainment area date

* * * * * * *
2008 8-hour Ozone Mainte- Blount County, Knox County, 11/14/14 7/13/15 [Insert citation of publi-
nance Plan for the Knoxville and a portion of Anderson cation].
Area. County.
2008 8-hour Ozone Emissions Blount County, Knox County, 11/14/14 ...................................................
Inventory for the Knoxville and a portion of Anderson
Area. County.

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. TN,’’ ‘‘Anderson County (part),’’
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FOR AIR QUALITY PLANNING ‘‘Blount County,’’ and ‘‘Knox County’’
■ 4. In § 81.343, the table entitled to read as follows:
PURPOSES
‘‘Tennessee-2008 8-Hour Ozone NAAQS
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended § 81.343 Tennessee.
continues to read as follows: by revising the entries for ‘‘Knoxville, * * * * *

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$Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39973 TENNESSEE-2008 8-HOUR OZONE NAAQS [Primary and secondary] Designation Category/Classification Designated area Date 1 Type Date 1 Type Knoxville, TN 2 .............................. This action is effective 7/13/15 .... Attainment .................................... ........................... Anderson County (part): 2000 Census tracts: 202, ...................................................... ...................................................... ........................... 213.02. Blount County ............................... ...................................................... ...................................................... ........................... Knox County ................................. ...................................................... ...................................................... ........................... * * * * * * * 1 This date is July 20, 2012, unless otherwise noted. 2 Excludes Indian country located in each area, unless otherwise noted. 3 Includes any Indian country in each county or area, unless otherwise specified. * * * * * [FR Doc. 2015–17055 Filed 7–10–15; 8:45 am] BILLING CODE 6560–50–P srobinson on DSK5SPTVN1PROD with RULES VerDate Sep<11>2014 17:02 Jul 10, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 E:\FR\FM\13JYR1.SGM 13JYR1$

Document Created: 2018-02-23 09:18:01
Document Modified: 2018-02-23 09:18:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective August 12, 2015.
Contact		Jane Spann or Tiereny Bell of the Air Regulatory Management Section, in the Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann may be reached by phone at (404) 562-9029 or via electronic mail at [email protected] Ms. Bell may be reached by phone at (404) 562-9088 or via electronic mail at [email protected]
FR Citation		80 FR 39970
CFR Citation		40 CFR 52 40 CFR 81
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds