
[Federal Register: October 8, 2010 (Volume 75, Number 195)]
[Proposed Rules]               
[Page 62354-62358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc10-13]                         


[[Page 62354]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0663-201037; FRL-9212-7]

 
Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour 
Ozone Standards for the Nashville, TN Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a draft revision to the Tennessee 
State Implementation Plan (SIP), submitted to EPA on August 3, 2010, 
for parallel processing. The proposed revision modifies Tennessee's SIP 
to address the required maintenance plan for the 1997 8-hour ozone 
standards for the Nashville, Tennessee 1997 8-hour ozone maintenance 
area, hereafter referred to as ``the Nashville Area.'' The Nashville 
Area is comprised of Davidson, Rutherford, Sumner, Williamson, and 
Wilson Counties in their entireties. This maintenance plan was 
submitted to EPA by the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), to ensure the 
continued attainment of the 1997 8-hour ozone national ambient air 
quality standards (NAAQS) through the year 2018 in the Nashville Area. 
EPA is approving the SIP revision pursuant to section 110 of the Clean 
Air Act (CAA). This maintenance plan meets all the statutory and 
regulatory requirements, and is consistent with EPA's guidance.

DATES: Comments must be received on or before November 8, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0663, 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-2010-0663, 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, 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 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0663. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Royce Dansby-Sparks, 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. The telephone number 
is (404) 562-9187. Mr. Dansby-Sparks can also be reached via electronic 
mail at dansby-sparks.royce@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Analysis of Tennessee's Submittal
III. Proposed Action
IV. Statutory and Executive order Reviews

I. Background

    In accordance with the CAA, the Nashville Area was designated 
nonattainment for the 1-hour ozone NAAQS on November 6, 1991, 56 FR 
56694 (effective January 6, 1992, 60 FR 7124). On November 14, 2004, 
the State of Tennessee, through the TDEC, submitted a request to 
redesignate the Nashville Area to attainment for the 1-hour ozone NAAQS 
(see 61 FR 55903). Subsequently on August 9, 1995, and January 19, 
1996, Tennessee submitted supplementary information which included 
revised contingency measures and emission projections. Included with 
the 1-hour ozone redesignation request, Tennessee submitted the 
required 1-hour ozone monitoring data and maintenance plan ensuring the 
Area would remain in attainment for the 1-hour ozone NAAQS for at least 
a period of 10 years (consistent with CAA 175A(a)). The maintenance 
plan submitted by Tennessee followed EPA guidance for maintenance 
areas, subject to section 175A of the CAA.
    On October 30, 1996, EPA approved Tennessee's request to 
redesignate the Nashville Area to attainment for the 1-hour ozone NAAQS 
(61 FR 55903). The maintenance plan for the Area became effective on 
October 30, 1996. Tennessee later updated the maintenance plan in 
accordance with section 175(A)(b) on August 10, 2005, to extend the 
maintenance plan to cover

[[Page 62355]]

additional years such that the entire maintenance period was for at 
least 20 years after the initial redesignation of the Area to 
attainment. EPA approved Tennessee's maintenance plan update for the 
Nashville Area on November 1, 2005 (see 70 FR 65838).
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 Rule 
for implementation of the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase 
1 Rule), ultimately revoking the 1-hour ozone NAAQS. The Nashville 
Area, however, was still required to fulfill requirements under the 1-
hour ozone NAAQS due to its participation in an Early Action Compact 
(EAC). For areas participating in an EAC, the effective designation 
date for the 1997 8-hour ozone NAAQS was deferred until December 31, 
2006, in a final action published by EPA on August 19, 2005 (70 FR 
50988) and later extended to April 15, 2008 (71 FR 69022) for most of 
the EAC Areas, including Nashville, so long as the Area continued to 
meet milestone requirements. Therefore, the requirement for an 
attainment area to submit a 10-year maintenance plan under 110(a)(1) of 
the CAA and the Phase 1 Rule was also postponed until the Area was 
effectively designated for the 1997 8-hour ozone NAAQS. The Nashville 
Area was later designated as attainment for the 1997 8-hour ozone 
NAAQS, effective April 15, 2008, with the 1-hour ozone requirements no 
longer effective on April 15, 2009 (73 FR 17897). The attainment area 
was consequently required to submit a 10-year maintenance plan under 
section 110(a)(1) of the CAA and the Phase 1 Rule.
    On May 20, 2005, EPA issued guidance providing information on how a 
state might fulfill the maintenance plan obligation established by the 
CAA and the Phase 1 Rule (Memorandum from Lydia N. Wegman to Air 
Division Directors, Maintenance Plan Guidance Document for Certain 8-
hour Ozone Areas Under Section 110(a)(1) of Clean Air Act, May 20, 
2005, hereafter referred to as the ``Wegman Memorandum''). On December 
22, 2006, the United States Court of Appeals for the District of 
Columbia Circuit issued an opinion that vacated EPA's Phase 1 Rule for 
the 1997 8-hour ozone NAAQS. South Coast Air Quality Management 
District (SQAMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court 
vacated those portions of the Phase 1 Rule that provided for regulation 
of the 1997 8-hour ozone nonattainment areas designated under Subpart 1 
in lieu of Subpart 2 (of part D of the CAA), among other portions. The 
Court's decision does not alter any requirements under the Phase 1 Rule 
for section 110(a)(l) maintenance plans.
    EPA is proposing to take action to approve Tennessee's August 3, 
2010, SIP revision, submitted for parallel processing, which satisfy 
CAA section 110(a)(1) CAA requirements for a plan providing for 
maintenance of the 1997 8-hour ozone NAAQS in the Nashville Area.

II. EPA's Analysis of Tennessee's Submittal

    On August 3, 2010, the State of Tennessee, through the TDEC and the 
Metro Nashville/Davidson County Pollution Control Division Office, 
submitted a proposed SIP revision for parallel processing containing 
the 1997 8-hour ozone maintenance plan for the Nashville Area as 
required by section 110(a)(1) of the CAA and the provisions of EPA's 
Phase 1 Rule (see 40 CFR 51.905(a)(4)). The purpose of the plan is to 
ensure continued attainment and maintenance of the 1997 8-hour ozone 
NAAQS until 2018 for this attainment area.
    The August 3, 2010, SIP revision is not yet state-effective, 
therefore, Tennessee has requested that EPA ``parallel process'' the 
SIP revision. Under this procedure, the Regional Office works closely 
with the state while developing new or revised regulations. Generally, 
the state submits a copy of the proposed regulation or other revisions 
to EPA before conducting its public hearing. EPA reviews this proposed 
state action, and prepares a notice of proposed rulemaking. EPA's 
notice of proposed rulemaking is published in the Federal Register 
during approximately the same time frame that the state is holding its 
public hearing. The state and EPA then provide for public comment 
periods on both the state and federal actions.
    After Tennessee submits the formal state-effective SIP revision 
request (including a response to all public comments raised during the 
state's public participation process, and the 1997 8-hour ozone 
110(a)(1) maintenance plan), EPA will prepare a final rulemaking notice 
for the SIP revision. If Tennessee's rulemaking to address the 1997 8-
hour ozone 110(a)(1) maintenance plan contains changes which occur 
after EPA's notice of proposed rulemaking, such change must be 
described in EPA's final rulemaking action. If Tennessee's changes are 
significant, EPA must decide whether it is appropriate to repropose 
action on the state's changes to their submittal to address the 1997 8-
hour ozone 110(a)(1) maintenance plan.
    As required, the plan provides for continued attainment and 
maintenance of the 1997 8-hour ozone NAAQS in the Nashville Area for at 
least 10 years from the effective date of this Area's designation as 
attainment for the 1997 8-hour ozone NAAQS. The plan also includes 
components illustrating how the Area will continue attainment of the 
1997 8-hour ozone NAAQS, and provides contingency measures. The Section 
110(a)(1) plan components are discussed below for the Nashville Area.
    (a) Attainment Inventory. In order to demonstrate maintenance in 
the aforementioned area, Tennessee developed comprehensive inventories 
of volatile organic compounds (VOC) and nitrogen oxide (NOX) 
emissions from area, point, on-road mobile, non-road mobile, and 
aircraft, locomotive, and commercial marine (ALM) sources using 2007 as 
the base year. According to the May 20, 2005, guidance, a state may use 
one of the three years for which the 1997 8-hour attainment designation 
was based (2001, 2002, and 2003) as their attainment inventory base 
year. However, due to the fact that the Nashville Area was an EAC area, 
the effective date of designation was deferred to April 15, 2008, and 
therefore consideration of a later base year of 2005, 2006, or 2007 was 
required for the purpose of an emissions inventory. For the purpose of 
this maintenance plan, Tennessee chose 2007 as the attainment level 
emissions base year for the Nashville Area. The state's submittal 
contains the detailed inventory data and summaries by source category 
for the Nashville Area.
    In accordance with Consolidated Emissions Reporting Rule 
requirements (CERR), Tennessee compiles a statewide emissions inventory 
for point sources on an annual basis. On-road mobile emissions of VOC 
and NOX were estimated using MOBILE6.2 motor vehicle 
emissions factor computer model. Non-road mobile emissions data were 
derived using the U.S. EPA's NONROAD 2008 model. ALM emissions were 
primarily estimated based on EPA's National Emissions Inventory.
    In projecting data for the maintenance year 2018 emissions 
inventories, Tennessee used several methods to project data from the 
base year 2007 to the interim years 2010, 2014, and 2018. These 
projected inventories were developed using EPA-approved technologies 
and methodologies including the Southeastern Emissions Modeling, 
Analysis, and Planning methodology. Projected point, area, and non-road 
mobile source inventories were developed using the 2007 base year 
inventories and economic growth

[[Page 62356]]

factors from EPA's Economic Growth and Analysis System.
    The following tables provide VOC and NOX emissions data 
for the 2007 base attainment year inventories, as well as projected VOC 
and NOX emissions inventory data for 2010, 2014, and 2018. 
The Phase 1 Rule provides that the 10-year maintenance period begin as 
of the effective date of designation for the 1997 8-hour NAAQS for the 
Area. The designations for the 13 EAC attainment areas (of which 
Nashville was one) were effective in April 2008 so the maintenance 
period must end no earlier than 2018.

                 Table 1--2007 VOC and NOX Base Year Emissions Inventory for the Nashville Area
                                                   [Tons/day]
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              County                   Point         Area        Onroad      Nonroad        ALM        Total *
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                                                                  --NOX emissions--
                                   -----------------------------------------------------------------------------
Davidson..........................        11.52         0.62        45.70         9.57         3.35        70.76
Rutherford........................         0.33         2.79        17.29         5.45         1.26        27.11
Sumner............................        18.74         0.24         6.07         2.57         0.78        28.41
Williamson........................         0.06         0.86        12.60         3.58         1.36        18.47
Wilson............................         0.00         1.23        13.12         2.19         0.15        16.68
                                   -----------------------------------------------------------------------------
    Total *.......................        30.65         5.75        94.79        23.36         6.90       161.44
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              County                   Point         Area        Onroad      Nonroad        ALM         Total
----------------------------------------------------------------------------------------------------------------
                                                                  --VOC emissions--
                                   -----------------------------------------------------------------------------
Davidson..........................         5.05        20.98        17.73        15.06         0.60        59.42
Rutherford........................         5.97        11.02         6.65         4.44         0.20        28.28
Sumner............................         0.97         6.78         3.53         2.68         0.08        14.05
Williamson........................         0.31         6.00         5.05         2.64         0.07        14.06
Wilson............................         0.00         4.88         3.32         4.80         0.05        13.04
                                   -----------------------------------------------------------------------------
    Total *.......................        12.31        49.66        36.27        29.62         1.00       128.85
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* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute
  mathematical totals.


                    Table 2--Projected VOC and NOX Emissions Inventory for the Nashville Area
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                         Source type                              2007         2010         2014         2018
----------------------------------------------------------------------------------------------------------------
                                                                               --NOX emissions--
                                                             ---------------------------------------------------
Point.......................................................        30.65        30.33        31.59        31.61
Area........................................................         5.75         5.88         6.07         6.25
Onroad......................................................        94.79        76.72        55.79        28.53
Nonroad.....................................................        23.36        21.08        16.38        12.37
ALM.........................................................         6.90         6.93         7.12         7.36
                                                             ---------------------------------------------------
    Total *.................................................       161.44       140.93       116.95        86.11
                                                             ---------------------------------------------------
                                                                               --VOC emissions--
                                                             ---------------------------------------------------
Point.......................................................        12.31        12.49        13.18        14.50
Area........................................................        49.66        51.48        54.14        57.77
Onroad......................................................        36.27        30.43        22.13        14.84
Nonroad.....................................................        29.62        25.87        20.27        16.70
ALM.........................................................         1.00         1.07         1.17         1.27
                                                             ---------------------------------------------------
    Total *.................................................       128.85       121.34       110.88       105.07
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* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute
  mathematical totals.

    As shown in Table 2 above, the Nashville Area is projected to 
steadily decrease its total VOC and NOX emissions from the 
base year of 2007 to the maintenance year of 2018. This VOC and 
NOX emission decrease demonstrates continued attainment/
maintenance of the 1997 8-hour ozone NAAQS for ten years from 2008 
(i.e., the year the Area was effectively designated attainment for the 
1997 8-hour ozone NAAQS) as required by the CAA and Phase 1 Rule. 
NOX and VOC emissions are expected to decrease approximately 
47 and 18 percent, respectively, from the attainment base year to 2018. 
These projected reductions of ozone precursors ensure continued 
maintenance of the 1997 8-hour ozone NAAQS.
    The attainment inventories submitted by Tennessee for this Area are 
consistent with the criteria as discussed in the Wegman Memorandum. EPA 
finds that the future emission levels for the projected years 2010, 
2014, and 2018, are expected to be less than the attainment level 
emissions in 2007. In

[[Page 62357]]

the event that future 1997 8-hour ozone monitoring values in the Area 
are found to violate the 1997 8-hour ozone NAAQS, the contingency plan 
section of the Area's maintenance plan includes measures that will be 
promptly implemented to ensure that the Area returns to maintenance of 
the 1997 ozone NAAQS. Please see section (d) Contingency Plan, below, 
for additional information related to the contingency measures in the 
maintenance plan.
    (b) Maintenance Demonstration. The primary purpose of a maintenance 
plan is to demonstrate how an area will continue to remain in 
attainment with the 1997 8-hour ozone standards for the 10-year period 
following the effective date of designation as unclassifiable/
attainment. The required end projection year for the Nashville Area is 
2018. As discussed in section (a) Attainment Inventory above, Tennessee 
identified the level of ozone-forming emissions that were consistent 
with attainment of the NAAQS for ozone in 2007. Tennessee projected VOC 
and NOX emissions for 2010, 2014, and 2018. EPA finds that 
the future emissions levels in these years are expected to be below the 
emissions levels in 2007 in the Nashville Area.
    Tennessee's SIP revision for the maintenance plan for the Nashville 
Area also relies on the closure of large parts of the operations of 
E.I. du Pont Nemours and Company located in Davidson County resulting 
in significant reductions of both VOC and NOX. The Nashville 
Attainment Area is also benefiting from the following reductions that 
are occurring in other states in the Southeast: (1) North Carolina 
Clean Smokestacks Act, (2) Atlanta/Northern Kentucky/Birmingham 1-hour 
SIPs, (3) NOX reasonably available control technology in 
1997 8-hour ozone nonattainment area SIP, and (4) implementation of 
NOX SIP Call Phase 1 in southeastern states. Moreover, 
despite the legal status of the Clean Air Interstate Rule (CAIR) as 
remanded, many facilities have already installed or are continuing with 
plans to install emission controls that may benefit the Nashville Area.
    (c) Consideration of CAIR. The NOX SIP Call requires 
states to make significant, specific emissions reductions. It also 
provided a mechanism, the NOX Budget Trading Program, which 
states could use to achieve those reductions. When EPA promulgated 
CAIR, it discontinued (starting in 2009) the NOX Budget 
Trading Program, 40 CFR 51.121(r), but created another mechanism--the 
CAIR ozone season trading program--which states could use to meet their 
SIP Call obligations (70 FR 25289-90). EPA notes that a number of 
states, when submitting SIP revisions to require sources to participate 
in the CAIR ozone season trading program, removed the SIP provisions 
that required sources to participate in the NOX Budget 
Trading Program. In addition, because the provisions of CAIR, including 
the ozone season NOX trading program, remain in place during 
the remand (North Carolina v. EPA, 550 F.3d 1176 (DC Cir. 2008)), EPA 
is not currently administering the NOX Budget Trading 
Program. Nonetheless, all states, regardless of the current status of 
their regulations that previously required participation in the 
NOX Budget Trading Program, will remain subject to all of 
the requirements in the NOX SIP Call, even if the existing 
CAIR ozone season trading program is withdrawn or altered. In addition, 
the anti-backsliding provisions of 40 CFR 51.905(f) specifically 
provide that the provisions of the NOX SIP Call, including 
the statewide NOX emission budgets, continue to apply after 
revocation of the 1-hour standards.
    All NOX SIP Call states have SIPs that currently satisfy 
their obligations under the SIP Call, the SIP Call reduction 
requirements are being met, and EPA will continue to enforce the 
requirements of the NOX SIP Call even after any response to 
the CAIR remand. For these reasons, EPA believes that regardless of the 
status of the CAIR program, the NOX SIP call requirements 
can be relied upon in demonstrating maintenance.
    (d) Ambient Air Quality Monitoring. The table below shows design 
values \1\ for the Nashville Area. The ambient ozone monitoring data 
were collected at sites that were selected with assistance from EPA and 
are considered representative of the areas of highest concentration. 
The State of Tennessee and Metro Nashville/Davidson County Pollution 
Control Division Office will continue to conduct ambient air quality 
monitoring programs for ozone in their respective areas. All monitoring 
programs will continue in accordance with applicable EPA monitoring 
requirements contained in 40 CFR part 58. Any modification to the 
ambient air monitoring network will be accomplished through close 
consultation with EPA. The Nashville Area has not had a monitor design 
value that exceeded the 1997 8-hour NAAQS since the 2001-2003 design 
value time-period as seen in Table 3.\2\
---------------------------------------------------------------------------

    \1\ The air quality design value at a monitoring site is defined 
as the concentration that when reduced to the level of the standard 
ensures that the site meets the standard. For a concentration-based 
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary 1997 8-
hour ozone standards, the 3-year average annual forth-highest daily 
maximum 8-hour average ozone concentration is also the air quality 
design value for the site. 40 CFR part 50, appendix I, section 3.
    \2\ Under EPA regulations found at 40 CFR part 50, the 1997 8-
hour ozone NAAQS are attained when the 3-year average of the annual 
fourth-highest daily maximum 8-hour ambient air quality ozone 
concentrations is less than 0.08 parts per million (i.e., 0.084 when 
rounding is considered).

               Table 3--Maximum 8-Hour Ozone Design Values
                           [Parts per million]
------------------------------------------------------------------------
                        Years                            Design value
------------------------------------------------------------------------
1994-1996...........................................               0.099
1995-1997...........................................               0.099
1996-1998...........................................               0.101
1997-1999...........................................               0.102
1998-2000...........................................               0.100
1999-2001...........................................               0.093
2000-2002...........................................               0.088
2001-2003...........................................               0.086
2002-2004...........................................               0.083
2003-2005...........................................               0.082
2004-2006...........................................               0.083
2005-2007...........................................               0.084
2006-2008...........................................               0.084
2007-2009...........................................               0.078
------------------------------------------------------------------------

    The maximum design value for 2007 through 2009 identified in Table 
3 demonstrate attainment of the 1997 8-hour ozone NAAQS at a level of 
0.079 parts per million (ppm). Further, these design values indicate 
that the Nashville maintenance Area is expected to continue attainment 
of the 1997 8-hour ozone NAAQS based on a gradual decrease in the 
design values. The attainment level for the 1997 8-hour ozone standards 
is 0.080 ppm, effectively 0.084 ppm with the rounding convention. In 
the event that a design value for the Nashville Area monitors exceed 
the 1997 8-hour ozone standards, one or more contingency measures 
included in Tennessee's maintenance plan would be promptly implemented 
in accordance with the contingency plan, as discussed below.
    (e) Contingency Plan. In accordance with 40 CFR 51.905(a)(4)(ii) 
and the Wegman Memorandum, the Section 110(a)(1) maintenance plan 
includes contingency provisions to promptly correct a violation of the 
1997 8-hour ozone NAAQS that may occur. The state of Tennessee has 
established two triggers to activate contingency measures including: 
(1) Quality assured ambient air quality monitoring data showing a 
violation of the 1997 8-hour ozone NAAQS at any monitor, and (2) an 
increase in the actual ozone precursor emissions of at least ten

[[Page 62358]]

percent over the 2007 emissions inventory. In the maintenance plan, if 
contingency measures are triggered, the State of Tennessee and Metro 
Nashville/Davidson County Pollution Control Division Office are 
committed to implement the measures as expeditiously as practicable, 
including adopting one or more contingency measures as expeditiously as 
practical and implementing the measures within twenty-four months of 
the triggering event. The contingency measures include: (1) Expansion 
of NOX and/or VOC control strategies in the Nashville 
Maintenance Area; (2) in conjunction with the State of Tennessee, 
implementation of mobile source transportation controls such as reduced 
speed limits for heavy duty diesel vehicles; (3) lowering major source 
thresholds; (4) expansion of the open burning ban in Davidson County to 
include homeowners in the area; (5) implementation of anti-idling 
legislation; and/or (6) any other control measure determined to be 
appropriate at the time a trigger is exceeded.
    These contingency measures and schedules for implementation satisfy 
EPA's long-standing guidance on the requirements of section 110(a)(1) 
of continued attainment. Continued attainment of the 1997 8-hour ozone 
NAAQS in the Nashville Area will depend, in part, on the air quality 
measures discussed previously (see section II). In addition, the State 
of Tennessee and Metro Nashville/Davidson County Pollution Control 
Division Office commit to verify the 1997 8-hour ozone status in this 
maintenance plan through periodic ozone precursor emission inventory 
updates. Emission inventory updates will be completed by 18 months 
following the end of the inventory year to verify continued attainment 
of the 1997 8-hour ozone NAAQS.

III. Proposed Action

    Pursuant to section 110(a)(1) of the CAA, EPA is proposing to 
approve the maintenance plan addressing the 1997 8-hour ozone standards 
in the Nashville Area, submitted by the State of Tennessee, through 
TDEC, on August 3, 2010. The maintenance plan ensures continued 
attainment of the 1997 8-hour ozone NAAQS through the maintenance year 
2018. EPA has evaluated Tennessee's submittal and has preliminarily 
determined that it meets the applicable requirements of the CAA and EPA 
regulations, and is consistent with EPA policy.
    On March 12, 2008, EPA issued revised ozone NAAQS. On September 16, 
2009, EPA announced it would reconsider the 2008 NAAQS for ozone and 
proposed a new schedule for designations for the reconsidered NAAQS. 
The current action, however, is being taken to address requirements 
under the 1997 8-hour ozone standards. Requirements for the Nashville 
Area under the 2010 reconsidered ozone NAAQS will be addressed in the 
future.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission 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, 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 proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply 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.

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

    Dated: September 28, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2010-25448 Filed 10-7-10; 8:45 am]
BILLING CODE 6560-50-P

