[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Proposed Rules]
[Pages 35607-35612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12536]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0618; FRL-10010-05-Region 4]


Air Plan Approval; TN; Removal of the Vehicle I/M Program, Middle 
Tennessee Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), through a letter dated February 26, 2020. 
Specifically, EPA is proposing to approve the removal of Tennessee's 
inspection and maintenance (I/M) program requirements for Davidson, 
Sumner, Rutherford, Williamson and Wilson Counties in Tennessee (also 
known as the Middle Tennessee Area) from the federally-approved SIP 
because removing the requirements is consistent with the Clean Air Act 
(CAA or Act) and applicable regulations.

DATES: Comments must be received on or before July 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0618 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at 
sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Davidson County began implementing an I/M program in 1985. See 
Davidson County Resolution No. R83-1471. The program required all 
light-duty motor vehicles registered in Davidson County to be inspected 
annually for compliance with emissions performance and anti-tampering 
test criteria.
    With the passage of the 1990 CAA amendments, the Middle Tennessee 
Area was designated as a moderate ozone nonattainment area for the 1979 
1-hour ozone NAAQS. See 56 FR 56694 (November 6, 1991). Under section 
182 of the CAA, I/M programs are required for areas that are designated 
as moderate or above nonattainment for ozone, and the existing I/M 
program in Davidson County was expanded to the Middle Tennessee Area. 
In 1994, Tennessee submitted a SIP revision containing an I/M program 
for the Middle Tennessee Area, which EPA approved. See 60 FR 38694 
(July 28, 1995). As part of that

[[Page 35608]]

action, EPA incorporated the State's I/M rules at Tennessee Air 
Pollution Control Regulations (TAPCR) 1200-03-29 and Davidson County's 
I/M rules at Regulation 8 into the SIP. See id. On October 30, 1996, 
EPA redesignated the Middle Tennessee Area to attainment for the 1-hour 
ozone NAAQS and approved a maintenance plan with the I/M program as a 
control strategy. See 61 FR 55903. The 1979 1-hour ozone NAAQS was 
revoked, effective June 15, 2005. See 69 FR 23951 (April 30, 2004).
    On July 18, 1997 (62 FR 38856), EPA promulgated a revised 8-hour 
ozone standard of 0.08 parts per million (ppm). In December 2002, the 
Middle Tennessee Area entered into EPA's Early Action Compact (EAC) 
program. As part of the EAC for the Middle Tennessee Area, the I/M 
program was identified as an existing control strategy in the SIP. The 
Middle Tennessee Area met the EAC requirements by December 31, 2007, 
demonstrating attainment of the 1997 8-hour ozone NAAQS. As a result of 
meeting the EAC agreement, on April 2, 2008, EPA designated the Middle 
Tennessee Area as attainment for the 1997 8-hour ozone NAAQS. See 73 FR 
17897. The 1997 8-hour ozone NAAQS was revoked, effective April 6, 
2015. See 80 FR 12264 (March 6, 2015).
    The ozone NAAQS was revised in 2008 to a value of 0.075 ppm and 
again in 2015 to 0.070 ppm. See 73 FR 16483 (March 27, 2008) and 80 FR 
65292 (October 26, 2015). The Middle Tennessee Area was designated as 
unclassifiable/attainment and attainment/unclassifiable for the 2008 
and 2015 ozone NAAQS, respectively. See 40 CFR 81.343. The Middle 
Tennessee Area is currently in attainment with all ozone NAAQS. See id.
    On May 15, 2018, a Tennessee law was signed that states that ``no 
inspection and maintenance program shall be employed in this state on 
or after the effective date of this act.'' See Tenn. Code Ann. Sec.  
68-201-119. The Tennessee law states that it ``shall take effect [120] 
calendar days following the date on which the [EPA] approves a revised 
state implementation plan. . .'' See Motor Vehicles--Inspection and 
Inspectors--Air Pollution, 2018 Tennessee Laws Pub. Ch. 953 (H.B. 
1782). Accordingly, Tennessee submitted the February 26, 2020, SIP 
revision requesting that EPA remove the requirements to implement an I/
M program for the Middle Tennessee Area.\1\ A description of the SIP 
revision and EPA's analysis is provided in Section II below.
---------------------------------------------------------------------------

    \1\ Tenn. Code Ann. Sec.  68-201-119(c) allows Tennessee 
counties to retain local I/M programs under certain conditions. 
However, as Tennessee is requesting removal of the I/M program from 
the SIP, EPA's analysis in this proposal assumes that no I/M program 
will be implemented in the Middle Tennessee Area. This proposed 
action does not preclude local I/M programs from being retained at a 
local level.
---------------------------------------------------------------------------

II. What is EPA's analysis of Tennessee's submittal?

    Through a letter dated February 26, 2020,\2\ Tennessee requested 
that TAPCR 1200-03-29 and Davidson County's Regulation 8 be removed 
from the Tennessee SIP. In addition, Tennessee requested that EPA 
remove the requirement for the Middle Tennessee Area to implement an I/
M program as part of the EAC that was approved by EPA into the non-
regulatory portion of the Tennessee SIP on August 26, 2005. See 70 FR 
50199. Tennessee also provided a non-interference demonstration to 
support the removal of the vehicle I/M program for the Middle Tennessee 
Area.
---------------------------------------------------------------------------

    \2\ EPA received Tennessee's SIP revision on February 27, 2020.
---------------------------------------------------------------------------

    As discussed in Section I above, the Middle Tennessee Area 
implemented the I/M program requirements as a control strategy to meet 
the 1979 1-hour ozone NAAQS and expanded it as part of the EAC 
addressing the 1997 8-hour ozone NAAQS. Currently, Davidson, Sumner, 
Rutherford, Williams and Wilson Counties in Tennessee are designated 
attainment, unclassifiable/attainment, or attainment/unclassifiable for 
all ozone NAAQS. See 40 CFR 81.343.
    EPA is proposing to approve the removal of the I/M requirements for 
the Middle Tennessee from the Tennessee SIP, including TAPCR 1200-03-29 
and Davidson County's Regulation 8.\3\ EPA is also proposing to find 
that the removal of the I/M program requirements for the Middle 
Tennessee Area is consistent with CAA section 110(l). Section 110(l) of 
the CAA requires that a revision to the SIP not interfere with any 
applicable requirements concerning attainment, reasonable further 
progress (as defined in section 171), or any other applicable 
requirements of the CAA. EPA evaluates section 110(l) non-interference 
demonstrations on a case-by-case basis considering the circumstances of 
each SIP revision. EPA interprets section 110(l) as applying to all 
NAAQS that are in effect. For I/M SIP revisions, the most relevant 
pollutants to consider are ozone precursors (i.e., nitrogen oxides 
(NOx) and volatile organic compounds (VOCs)).
---------------------------------------------------------------------------

    \3\ TAPCR 1200-03-29 is applicable only to Davidson, Hamilton, 
Rutherford, Sumner, Williamson, and Wilson Counties. In a separate 
notice of proposed rulemaking (NPRM), EPA proposed to remove 
Hamilton County from that chapter of the SIP-approved Tennessee 
rules. EPA is proposing in this NPRM to remove Davidson, Rutherford, 
Sumner, Williamson, and Wilson Counties from TAPCR 1200-03-29. 
Additionally, EPA is proposing that if it removes all applicable 
counties from TAPCR 1200-03-29, to also remove the remainder of 
TAPCR 1200-03-29 from the SIP.
---------------------------------------------------------------------------

    As mentioned above, Tennessee's February 26, 2020, SIP revision 
included a non-interference demonstration to support the State's 
request to remove the SIP-approved I/M program requirements for the 
Middle Tennessee counties of Davidson, Sumner, Rutherford, Williams, 
and Wilson. Tennessee's non-interference demonstration evaluates the 
impact that the removal of the I/M program for the Middle Tennessee 
Area would have on Tennessee's ability to attain and maintain any of 
the NAAQS. Based on the analysis below, EPA is proposing to find that 
removal of the I/M program requirements for the Middle Tennessee Area 
meets the requirements of the CAA section 110(l) because it would not 
interfere with attainment or maintenance of any NAAQS or any other 
requirement of the CAA.4 5 6
---------------------------------------------------------------------------

    \4\ The initial designations for the course particulate matter 
(PM10) NAAQS were completed on March 15, 1991. See 56 FR 
11101. The entire state of Tennessee was designated as attainment 
for PM10 and has been attainment for every 
PM10 standard thereafter. The pollution control systems 
for light-duty gasoline vehicles subject to the I/M program are not 
designed to reduce emissions of PM10; therefore, removing 
the I/M program requirements will not have any impact on ambient 
concentrations of PM10. EPA proposes to find that removal 
of the SIP-approved I/M program requirements for the Middle 
Tennessee Area would not interfere with continued attainment or 
maintenance of the PM10 NAAQS.
    \5\ On June 22, 2010, EPA revised the 1-hour sulfur dioxide 
(SO2) NAAQS to 75 parts per billion (ppb) which became 
effective on August 23, 2010. See 75 FR 35520. On January 9, 2018, 
EPA designated most of the state of Tennessee, including the 
counties in the Middle Tennessee Area, as attainment/unclassifiable 
for the 2010 SO2 NAAQS. See 83 FR 1098. EPA has 
designated Sullivan County, Tennessee, as nonattainment and Sumner 
County as unclassifiable for the 2010 1-hour SO2 NAAQS. 
See 78 FR 47191 (August 5, 2013), and 81 FR 45039 (July 12, 2016). 
The pollution control systems for light-duty gasoline vehicles 
subject to the I/M program are not designed to reduce emissions for 
SO2; therefore, removing the I/M program requirements 
will not have any impact on ambient concentrations of 
SO2. EPA proposes to find that removal of the SIP-
approved I/M program requirements for the Middle Tennessee Area 
would not interfere with continued attainment or maintenance of the 
SO2 NAAQS.
    \6\ On November 12, 2008, EPA promulgated a revised lead NAAQS 
of 0.15 [micro]g/m\3\. See 73 FR 66964. On November 22, 
2011, EPA designated a majority of the State of Tennessee, including 
the counties in the Middle Tennesse Area as unclassifiable/
attainment for the 2008 lead NAAQS. The Bristol Area in Sullivan 
County was designated nonattainment; and the Knox County Area was 
later designated unclassifiable. See 76 FR 72907; see also 75 FR 
71033 (November 22, 2011). Subsequently, the Bristol Area was 
redesignated to attainment. See 81 FR 44210 (July 7, 2016). 
Effective January 1, 1996, EPA banned the sale of leaded fuel for 
use in on-road vehicles. The pollution control systems for light-
duty gasoline vehicles subject to the I/M program are not designed 
to reduce emissions for lead; therefore, removal of the I/M program 
requirements would not cause an increase in emissions of lead. EPA 
proposes to find that removal of the SIP-approved I/M program 
requirements for the Middle Tennesse Area would not interfere with 
continued attainment or maintenance of the lead NAAQS.

---------------------------------------------------------------------------

[[Page 35609]]

Non-Interference Analysis for the Ozone NAAQS

    On February 8, 1979 (44 FR 8202), EPA promulgated the 1-hour ozone 
NAAQS of 0.12 parts per million (ppm).\7\ On July 18, 1997 (62 FR 
38856), EPA promulgated a revised 8-hour ozone standard of 0.08 ppm.\8\ 
Subsequently, on March 12, 2008, EPA revised both the primary and 
secondary NAAQS for ozone to a level of 0.075 ppm to provide increased 
protection of public health and the environment. See 73 FR 16436 (March 
27, 2008). The 2008 ozone NAAQS retain the same general form and 
averaging time as the 0.08 ppm NAAQS set in 1997 but are set at a more 
protective level. Under EPA's regulations at 40 CFR part 50, the 2008 
8-hour ozone NAAQS are 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 0.075 ppm. See 40 CFR 50.15. On 
October 26, 2015 (80 FR 65292), EPA published a final rule lowering the 
level of the 8-hour ozone NAAQS to 0.070 ppm or 70 ppb and retaining 
the same form.
---------------------------------------------------------------------------

    \7\ The 1979 1-hour ozone NAAQS was revoked, effective June 15, 
2005. See 69 FR 23951 (April 30, 2004).
    \8\ The 1997 8-hour ozone NAAQS was revoked, effective April 6, 
2015. See 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------

    The Middle Tennessee Area is designated as attainment or 
unclassifiable/attainment for all ozone NAAQS.\9\ See 40 CFR 81.343. 
Ambient air quality monitoring for ozone is being conducted at five 
locations in the Middle Tennessee Area. In the February 26, 2020, SIP 
revision, the State provides recent 8-hour ozone design values in ppb 
(see Table 1). The values in Table 1 below indicate attainment of the 
2015 8-hour NAAQS of 70 ppb.
---------------------------------------------------------------------------

    \9\ Visit https://gispub.epa.gov/air/trendsreport/2019/#home or 
https://www.epa.gov/outdoor-air-quality-data for air quality data 
including current status and trends for all NAAQS.

                               Table 1--Middle Tennesse Area Monitor Design Values
----------------------------------------------------------------------------------------------------------------
                                                              Ozone design value, ppb
            Site name            -------------------------------------------------------------------------------
                                     2013-2015       2014-2016       2015-2017       2016-2018       2017-2019
----------------------------------------------------------------------------------------------------------------
Trinity Lane, Davidson County...              62              66              66              66              65
Percy Priest, Davidson County...              65              67              64              67              65
Rockland Recreation Area, Sumner              67              67              66              66              66
 County.........................
Fairview Middle School,                       62              61              60              60              60
 Williamson County..............
Cedars of Lebanon State Park,                 62              64              63            * 64            * 61
 Wilson County..................
----------------------------------------------------------------------------------------------------------------
* Not a valid design value because the monitor did not meet data completeness requirements in 2018. There was an
  issue following the installation of the new monitoring shelter and TDEC invalidated data leading up to the
  correction of the issue.

    Tennessee's non-interference analysis includes modeling to 
calculate ozone precursor emissions, as well as a sensitivity analysis 
to demonstrate the impact of emissions increases on monitored ozone 
values. Tennessee's non-interference demonstration utilized EPA's 
MOVES2014 emission modeling system to estimate ozone precursor 
emissions for mobile sources--both on-road and non-road. Tennessee 
chose 2022 as the future year for the State's non-interference 
demonstration because it is the year that it anticipates that the 
Middle Tennessee Area will cease implementation of the I/M program due 
to the CAA's SIP processing timeframe and the language of Tenn. Code 
Ann. Sec.  68-201-119. The point source emissions for the Middle 
Tennessee Area were obtained from the 2014 version 2 National Emissions 
Inventory (NEI) and grown to the year 2022 using the appropriate EPA 
growth factors or using engineering judgment, as detailed in Appendices 
H and I of the February 26, 2020, SIP revision. For non-point sources, 
the inventory was developed using EPA established methodologies 
published by EPA,\10\ as detailed in Appendix J of the February 26, 
2020, SIP revision. Tennessee calculated projected emissions in the 
year 2022 by adding all four sectors (on-road, point, non-road, and 
non-point) together.
---------------------------------------------------------------------------

    \10\ See 2017 NEI Final Plan: Revised July 2018, available at 
https://www.epa.gov/sites/production/files/2018-07/documents/2017_nei_plan_final_revised_jul2018.pdf.
---------------------------------------------------------------------------

    Table 2 shows the total projected emissions in 2022 with the I/M 
program in the Middle Tennessee Area. Table 3 shows the total projected 
emissions in 2022 without the I/M program in the Middle Tennessee 
Area.\11\ By 2022, emission benefits resulting from Tennessee's I/M 
program for the Middle Tennessee Area are predicted to be a 478.52 ton 
per year (tpy) reduction of NOX, and a 593.10 tpy reduction 
of VOCs. On a percentage basis, removal of the I/M program will result 
in a 4.2 percent increase in NOX emissions and a 12.4 
percent increase in VOCs. The differences in the two scenarios for all 
four sectors combined is a 1.9 percent increase in NOX and a 
1.7 percent increase in VOC emissions.
---------------------------------------------------------------------------

    \11\ Since the I/M program only impacts emissions in the on-road 
sector, the projected emissions in other sectors (point, non-road 
and non-point) are the same between the ``with the I/M program'' and 
the ``without the I/M program'' scenarios.

Table 2--Middle Tennessee Area Total 2022 Projected Emissions of NOX and
                    VOC (in tpy) With the I/M Program
------------------------------------------------------------------------
                 Sector                         NOX             VOC
------------------------------------------------------------------------
On road.................................          11,309           4,780
Point...................................           4,455           3,867
Nonroad.................................           5,413           3,451
Non-Point...............................           3,504          22,690
                                         -------------------------------

[[Page 35610]]

 
    Total...............................          24,681          34,788
------------------------------------------------------------------------


Table 3--Middle Tennessee Area Total 2022 Projected Emissions of NOX and
                  VOC (in tpy) Without the I/M Program
------------------------------------------------------------------------
                 Sector                       NOX tpy         VOC tpy
------------------------------------------------------------------------
On road.................................          11,788           5,373
Point...................................           4,455           3,867
Nonroad.................................           5,413           3,451
Non-Point...............................           3,504          22,690
                                         -------------------------------
    Total...............................          25,160          35,382
------------------------------------------------------------------------


   Table 4--Summary of NOX and VOC Emissions Increases Associated With
         Removing the Middle Tennessee Area From the I/M Program
------------------------------------------------------------------------
                                          NOX  emissions
                                              in 2022     VOC  emissions
                                                              in 2022
------------------------------------------------------------------------
Total On-Road Emissions for Middle TN             11,309           4,780
 Counties in Current I/M Program (tpy)..
Total On-Road Emissions after Removing            11,788           5,373
 Middle TN Counties from I/M Program
 (tpy)..................................
Total Emissions for Middle TN Counties            24,681          34,788
 in Current I/M Program (all sectors)
 (tpy)..................................
Total Emissions after Removing Middle TN          25,160          35,382
 Counties from I/M Program (all sectors)
 (tpy)..................................
Emissions Increases (tpy)...............             479             593
Emissions Increases (% of Total On-Road             4.2%           12.4%
 Emissions for Middle TN Counties)......
Emissions Increases (% of Total                     1.9%            1.7%
 Emissions for Middle TN Counties, all
 sectors)...............................
------------------------------------------------------------------------

    To further quantify the potential impact of removal of the I/M 
program, Tennessee completed a photochemical modeling sensitivity 
analysis. As shown in Table 5, the sensitivity analysis indicates that 
the largest increase in ozone concentration would be at the Percy 
Priest monitor at 0.262 ppb.

      Table 5--Results of Sensitivity Analysis, Increases of Ozone
         Concentrations at Monitors in the Middle Tennessee Area
------------------------------------------------------------------------
                                                    Sensitivity analysis
                                                     corresponding ozone
          Site name              2016-2018 ozone       increase due to
                                  design value      combined NOX and VOC
                                                          increases
------------------------------------------------------------------------
Trinity Lane, Davidson                          66                 0.249
 County.....................
Percy Priest, Davidson                          67                 0.262
 County.....................
Rockland Recreation Area,                       66                 0.196
 Sumner County..............
Fairview Middle School,                         60                 0.186
 Williamson County..........
Cedars of Lebanon State                         64                 0.178
 Park, Wilson County........
------------------------------------------------------------------------

    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. EPA therefore proposes to find that 
removal of the SIP-approved I/M program requirements for the Middle 
Tennessee Area would not interfere with any applicable requirement 
concerning attainment or maintenance of the ozone NAAQS.

Non-Interference Analysis for the Fine Particulate Matter (PM2.5) NAAQS

    On July 16, 1997, EPA established an annual PM2.5 NAAQS 
of 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year 
average of annual mean PM2.5 concentrations, and a 24-hour 
PM2.5 NAAQS of 65 [mu]g/m\3\, based on a 3-year average of 
the 98th percentile of 24-hour concentrations.\12\ See 62 FR 38652 
(July 18, 1997). On September 21, 2006, EPA retained the 1997 annual 
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour 
PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year 
average of the 98th percentile of 24-hour concentrations. See 71 FR 
61144 (October 17, 2006). On December 14, 2012, EPA retained the 2006 
24-hour PM2.5 NAAQS of 35 [mu]g/m\3\ but revised the annual 
primary PM2.5 NAAQS to 12.0 [mu]g/m\3\, based again on a 3-
year average of annual mean PM2.5 concentrations. See 78 FR 
3086 (January 15, 2013).
---------------------------------------------------------------------------

    \12\ The 1997 annual PM2.5 NAAQS was revoked for 
areas designated as attainment, effective October 24, 2016. See 81 
FR 58010 (August 24, 2016).
---------------------------------------------------------------------------

    EPA published designations for the 1997 annual PM2.5 
NAAQS on January 5, 2005 (70 FR 944) and April 14, 2005 (70 FR 19844), 
designating all counties in the Middle Tennessee Area attainment for 
the 1997 annual PM2.5 NAAQS. On November 13, 2009 (74 FR

[[Page 35611]]

58688), and on January 15, 2015 (80 FR 2206), EPA published notices 
determining that the counties in the Middle Tennessee Area were 
designated unclassifiable/attainment for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS, 
respectively.
    In Tennessee's February 26, 2020, SIP revision, the State concluded 
that the removal of the counties in the Middle Tennessee Area from the 
Tennessee's SIP-approved I/M program would not interfere with 
attainment or maintenance of the PM2.5 NAAQS. The pollution 
control systems for light-duty gasoline vehicles subject to the I/M 
program are not designed to reduce emissions of direct PM2.5 
and sulfate (i.e., the primary precursor for PM2.5 formation 
in the Southeast); therefore, removing counties from the program will 
not have any impact on ambient concentrations of PM2.5 
NAAQS. In addition, ambient air monitoring shows that PM2.5 
24-hour design value for Middle Tennessee in 2019 is 18 [mu]g/m\3\, 
which is below the 24-hour NAAQS of 35 [mu]g/m\3\. Also, the annual 
design value in 2019 is 9.3 [mu]g/m\3\, which is below the annual NAAQS 
of 12.0 [mu]g/m\3\. The small increase in NOX emissions of 
1.9 percent is expected to only cause a small increase in 
PM2.5 design value.
    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. EPA therefore proposes to find that 
removal of the SIP-approved I/M program requirements for the Middle 
Tennessee Area would not interfere with continued attainment or 
maintenance of the PM2.5 NAAQS.

Non-Interference Analysis for the 2010 Nitrogen Dioxide (NO2) NAAQS 
13
---------------------------------------------------------------------------

    \13\ The annual standard of 53 ppb is based on the annual mean 
concentration. See 36 FR 8186 (April 30, 1971).
---------------------------------------------------------------------------

    The 2010 NO2 1-hour standard is set at 100 ppb, based on 
the 3-year average of the 98th percentile of the yearly distribution of 
1-hour daily maximum concentrations. See 75 FR 6474 (February 9, 2010). 
On February 17, 2012, EPA designated all counties in Tennessee as 
unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 FR 
9532.
    Based on the technical analysis in Tennessee's February 26, 2020, 
SIP revision, the projected increase in total NOX emissions 
(of which NO2 is a component) in 2022 is 1.9 percent.\14\ 
This increase is not expected to interfere with continued attainment of 
the NO2 NAAQS in the Middle Tennessee Area. The 2019 design 
value for the 1-hour NO2 NAAQS for the Middle Tennessee Area 
is 50 ppb.
    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. For these reasons, EPA proposes to 
find that removal of the SIP-approved I/M program requirements for the 
Middle Tennessee Area would not interfere with continued attainment or 
maintenance of the NO2 NAAQS.

Non-Interference Analysis for the Carbon Monoxide (CO) NAAQS

    EPA promulgated the CO NAAQS in 1971 and has retained the standards 
since its last review of the standards in 2011. The primary NAAQS for 
CO consist of: (1) An 8-hour standard of 9 ppm, not to be exceeded more 
than once in a year (i.e., the second highest, non-overlapping 8-hour 
average concentration cannot exceed the standard); and (2) a 1-hour 
average of 35 ppm, not to be exceeded more than once in a year. The 
Middle Tennessee Area has always been designated as unclassifiable/
attainment for the CO NAAQS.
    In Tennessee's February 26, 2020, SIP revision, the State concluded 
that the removal of counties in the Middle Tennessee Area from the SIP-
approved I/M program would not interfere with attainment or maintenance 
of the CO NAAQS. MOVES2014 mobile emissions modeling results show an 
increase in CO emissions of 6.1 percent in the Middle Tennessee Area in 
2022 as a result of removing the I/M program for the Middle Tennessee 
Area. This increase is not expected to interfere with continued 
attainment of the CO NAAQS in the Middle Tennessee Area. The 2018 
design values for Tennessee for the 1-hour and 8-hour CO NAAQS are 1.8 
ppm and 1.6 ppm, respectively. Preliminary design values for Tennessee 
for the 1-hour and 8-hour CO NAAQS in 2019 were 1.6 ppm and 1.8 ppm, 
respectively, which are less than 20 percent of the CO NAAQS for both 
the 1-hour and 8-hour standards.
    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. For these reasons, EPA proposes to 
find that removal of the SIP-approved I/M program requirements for the 
Middle Tennessee Area would not interfere with continued attainment or 
maintenance of the CO NAAQS.

III. Proposed Action

    EPA is proposing to approve the removal of the I/M requirements for 
the Middle Tennessee Area (i.e., Davidson, Sumner, Rutherford, 
Williamson and Wilson Counties) from the Tennessee SIP. EPA is 
proposing to approve the removal of the I/M program requirements for 
the Middle Tennessee Area from the federally-approved SIP because 
removing the requirements is consistent with the CAA and applicable 
regulations.

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. 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 they meet the criteria of the CAA. This proposed action merely 
proposes to approve 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 35612]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12536 Filed 6-10-20; 8:45 am]
BILLING CODE 6560-50-P


