
[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Proposed Rules]               
[Page 45568-45571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-19]                         

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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: benjamin.lynorae@epa.gov.
    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 
bradley.twunjala@epa.gov.

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

[[Page 45571]]

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]
BILLING CODE 6560-50-P

