
[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5078-5081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0663-201061; FRL-9259-2]


Approval and Promulgation of Air Quality 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: Final rule.

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SUMMARY: EPA is taking final action to approve a revision to the 
Tennessee State Implementation Plan (SIP) concerning the maintenance 
plan addressing the 1997 8-hour ozone standards for the Nashville, 
Tennessee 1997 8-hour ozone maintenance area, which is comprised of 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties in their 
entireties (hereafter referred to as the ``Nashville Area''). This 
maintenance plan was submitted by the State of Tennessee Department of 
Environment and Conservation (TDEC) on August 3, 2010, for parallel 
processing. TDEC submitted the final version of the SIP on October 13, 
2010. The maintenance plan ensures the continued attainment of the 1997 
8-hour ozone national ambient air quality standards (NAAQS) through the 
year 2018. This plan meets the statutory and regulatory requirements, 
and is consistent with EPA's guidance. EPA is taking final action to 
approve the revision to the Tennessee SIP, pursuant to the Clean Air 
Act (CAA). EPA is also in the process of establishing a new 8-hour 
ozone NAAQS, and expects to finalize the reconsidered NAAQS by July 
2011. Today's action, however, relates only to the 1997 8-hour ozone 
NAAQS. Requirements for the Nashville Area under the 2011 NAAQS will be 
addressed in the future.

DATES: This rule will be effective February 28, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2010-0663. All documents in the 
electronic docket are listed on the http://www.regulations.gov Web 
site. Although listed in the index, some information is not 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 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: 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. Royce Dansby-Sparks 
may be reached by phone at (404) 562-9187 or by electronic mail address 
dansby-sparks.royce@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA Guidance and CAA Requirements
III. Today's Action
IV. Final Action
V. Statutory and Executive Order Reviews

[[Page 5079]]

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, 1994, 
the State of Tennessee, through the TDEC, submitted a request to 
redesignate the Nashville Area to attainment for the 1-hour ozone 
NAAQS. 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 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 (70 
FR 65838).

II. EPA Guidance and CAA Requirements

    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). Tennessee was 
consequently required to submit a 10-year maintenance plan under 
section 110(a)(1) of the CAA and the Phase 1 Rule for the Nashville 
Area.
    On May 20, 2005, EPA issued guidance providing information as to 
how a state might fulfill the maintenance plan obligation established 
by the CAA and the Phase I 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 ``Wegman Memorandum''). On December 22, 
2006, the United States Court of Appeals for the District of Columbia 
Circuit issued an opinion that vacated portions of EPA's Phase I Rule. 
See South Coast Air Quality Management District. v. EPA, 472 F.3d 882 
(D.C. Cir. 2006). The Court vacated those portions of the Phase I Rule 
that provided for regulation of the 1997 8-hour ozone nonattainment 
areas designated under Subpart 1 (of part D of the CAA), in lieu of 
Subpart 2 among other portions. The Court's decision did not alter any 
8-hour ozone attainment area requirements under the Phase I Rule for 
CAA section 110(a)(1) maintenance plans.
    On August 3, 2010, TDEC submitted a draft revision to EPA for 
approval into the Tennessee SIP to ensure the continued attainment of 
the 1997 8-hour ozone NAAQS through the year 2018. Subsequently, on 
October 8, 2010, EPA published a proposed rulemaking to approve 
Tennessee's August 3, 2010, SIP revision under parallel processing. 75 
FR 62354. Detailed background information and EPA's rationale for the 
proposed approval are provided in EPA's October 8, 2010, Federal 
Register notice. EPA's October 8, 2010, proposed approval was 
contingent upon Tennessee providing a final SIP revision that was 
substantively the same as the revision proposed for approval by EPA in 
the October 8, 2010, proposed rulemaking. Tennessee provided its final 
SIP revision on October 13, 2010. There were no changes between 
Tennessee's August 3, 2010, draft SIP revision and the final SIP 
revision which was provided on October 13, 2010. EPA has determined 
that Tennessee's October 13, 2010, submittal satisfies the section 
110(a)(1) CAA requirements for a plan that provides for implementation, 
maintenance, and enforcement of the 1997 8-hour ozone NAAQS in the 
Nashville maintenance area.

III. Today's Action

    EPA is taking final action to approve the SIP revision concerning 
the 110(a)(1) maintenance plan addressing the 1997 8-hour ozone NAAQS 
for the Nashville Area. This maintenance plan was submitted to EPA on 
October 13, 2010, by the State of Tennessee, to ensure the continued 
attainment of the 1997 8-hour ozone NAAQS through the year 2018. This 
approval action is based on EPA's analyses of whether this request 
complies with section 110 of the CAA and 40 CFR 51.905(a)(4). EPA's 
analyses of Tennessee's submittal are described in detail in the 
proposed rule published October 8, 2010 (75 FR 62354).
    The comment period for this proposed action closed on November 8, 
2010. EPA did not receive any adverse comments on this action during 
the public comment period. However, EPA is making note of two 
typographical errors in the October 8, 2010, proposed rulemaking notice 
(75 FR 62354). When referring to the date that the State of Tennessee 
requested the Nashville Area be redesignated to attainment for the 1-
hour ozone NAAQS, the date was inadvertently listed as 2004 instead of 
1994. Additionally, the discussion of Table 3 on page 62357 of the 
October 8, 2010, proposed rulemaking notice incorrectly stated that the 
maximum 2007-2009 8-hour ozone design value was 0.079 parts per million 
(ppm) when the correct value, as listed correctly in Table 3, is 0.078 
ppm.

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the 
maintenance plan addressing the 1997 8-hour ozone NAAQS for the 
Nashville Area, which was submitted by Tennessee on October 13, 2010, 
and ensures continued attainment of the 1997 8-hour ozone NAAQS through 
the year 2018. EPA has evaluated the State's submittal and has 
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 a revised ozone NAAQS. EPA subsequently announced a 
reconsideration of the 2008 NAAQS, and proposed new 8-hour ozone NAAQS 
in January 2010. The current

[[Page 5080]]

action, however, is being taken to address requirements under the 1997 
ozone NAAQS. Requirements for the Nashville Area under the 2011 NAAQS 
will be addressed in the future.

V. 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 
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 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 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.
    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 March 29, 2011. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 13, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    EPA amends 40 CFR part 52 as follows:

PART 52--[AMENDED]

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 a new entry for ``Nashville 
8-Hour Ozone Maintenance Plan Section 110(a)(1)'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *
    EPA-Approved Tennessee Non-Regulatory Provisions

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                                      Applicable
   Name of non-regulatory SIP        geographic or      State effective    EPA approval date      Explanation
            provision             nonattainment area         date
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                                                  * * * * * * *
Nashville 8-Hour Ozone 110(a)(1)  Nashville 8-Hour    October 13, 2010..  1/28/11 [insert     Maintenance plan
 Maintenance Plan.                 Ozone Attainment                        citation of         for the 1997 8-
                                   Area.                                   publication].       hour ozone NAAQS.
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[FR Doc. 2011-1782 Filed 1-27-11; 8:45 am]
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