[Federal Register Volume 69, Number 21 (Monday, February 2, 2004)]
[Rules and Regulations]
[Pages 4852-4856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1970]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-257-200402(a); FRL-7616-2]


Approval and Promulgation of Implementation Plans--Tennessee: 
Knox County Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the Tennessee State 
Implementation Plan (SIP) submitted by the Tennessee Department of 
Environment and Conservation (TDEC) on August 20, 2003. This SIP 
revision satisfies the requirement of the Clean Air Act as amended in 
1990 (CAA) for the 10-year update of the Knox County 1-hour ozone 
maintenance plan.

DATES: This direct final rule is effective April 2, 2004 without 
further notice, unless EPA receives adverse comment by March 3, 2004. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail to: Anne Marie Hoffman, 
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. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in sections I.B.1 
through 3 of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Anne Marie Hoffman, Air, Pesticides & 
Toxics Management Division, Air Planning Branch, Regulatory Development 
Section, Environmental Protection Agency Region 4, Atlanta Federal 
Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. 
Hoffman's phone number is 404-562-9074. She can also be reached via 
electronic mail at [email protected] or Lynorae Benjamin, Air, 
Pesticides & Toxics Management Division, Air Planning Branch, Air 
Quality Modeling & Transportation Section, Environmental Protection 
Agency Region 4, Atlanta Federal Center, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Ms. Benjamin's phone number is 404-562-
9040. She can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under TN-257. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing 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 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment, at the State Air Agency. Tennessee 
Department of Environment and Conservation, Division of Air Pollution 
Control, L & C Annex, 401 Church Street, Nashville, TN 37243-1531.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov web site located at http:/

[[Page 4853]]

/www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking TN-257'' in the subject line on 
the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking TN-257'' in the subject line. EPA's e-mail system 
is not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Anne Marie Hoffman, 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. Please include the 
text ``Public comment on proposed rulemaking TN-257'' in the subject 
line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Anne 
Marie Hoffman, Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, 12th floor, 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, 9 to 3:30, 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    The air quality maintenance plan is a requirement of the 1990 CAA 
for

[[Page 4854]]

nonattainment areas that come into compliance with the national ambient 
air quality standards (NAAQS). Knox County was designated as 
nonattainment for the 1-hour ozone NAAQS on November 6, 1991. After 
demonstrating that the area had air quality monitoring data showing 
compliance with the 1-hour ozone NAAQS, the State of Tennessee 
requested that the EPA redesignate Knox County to attainment for the 1-
hour ozone standard on August 26, 1992. Included with this request was 
a 10-year air quality maintenance plan covering the years 1994 to 2004. 
This plan was developed in accordance with the appropriate guidelines. 
The EPA published a Federal Register notice approving this plan and the 
redesignation to attainment on September 27, 1993 with an effective 
date of October 27, 1993 (58 FR 50271).
    Subsequent revisions to this maintenance plan have been made. The 
current plan was approved by the EPA on August 5, 1997, and became 
effective on October 6, 1997 (62 FR 42068). TDEC revised the original 
plan to update emissions inventories reflecting more accurate emission 
estimates and to define specific Motor Vehicle Emissions Budgets 
(MVEB).
    This SIP revision satisfies the requirement of the CAA for the 10-
year update of the Knox County 1-hour ozone maintenance plan. Changes 
to the current maintenance plan include revisions to the emissions 
inventory for both on-road and non-road mobile sources, improved 
methodologies contained in the MOBILE6 and NONROAD emission models. New 
emissions data for both the base year (attainment year) and the 
projected years (2004 and 2014) are calculated. Also, updated MVEB in 
support of the transportation conformity process, are defined for 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
for the county. The updated budgets for 2004 replace previous MVEB 
contained in the first maintenance plan, which were based on an older 
emissions estimate using MOBILE5 emission factors for on-road motor 
vehicles. Additionally, this maintenance plan update provides a new 
MVEB for the year 2014. EPA has determined that the MVEB in the State 
Implementation Plan are adequate for transportation conformity 
purposes. The availability of the SIP with MVEB for 2014 was placed on 
EPA's adequacy web page on August 27, 2003. No request for this SIP 
submittal or adverse comments were received by the end of the public 
comment period on October 3, 2003. In this action, EPA finds the 2014 
MVEB adequate for transportation conformity, and is approving the MVEB 
for 2004 and 2014. Note, since the 2004 MVEB are replacing existing 
MVEB, these budgets are not subject to EPA's Adequacy process.

III. Analysis of State's Submittal

    On August 20, 2003, the TDEC submitted revisions to the Tennessee 
SIP for the new 10-year maintenance plan to provide a 10-year extension 
to the maintenance plan as required by section 175A(b) of the CAA as 
amended in 1990. The underlying strategy of the maintenance plan is to 
maintain compliance with the 1-hour ozone standard by assuring that 
current and future emissions of VOC and NOX remain at or 
below attainment year emission levels. Actual emissions for the 1990 
ozone season and estimated emissions of ozone precursors (i.e., VOC and 
NOX) for Knox County during 2004 and 2014 are provided in 
the following table.

Projected Emissions

                                           Volatile Organic Compounds
                                                 [Tons per day]
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                                                                    1990  base
                  VOC                           Category               year            2004            2014
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Knox..................................  Stationary Point........            8.06            8.90           10.26
                                        Stationary Area.........           28.82           30.90           32.48
                                        On-Road Mobile..........           40.84           21.27           10.51
                                        Non-Road Mobile.........            9.81           10.52           11.06
                                        Biogenic................           32.43           32.43           32.43
                                                                 -----------------
    Total.............................  ........................          119.96          104.02           96.74
                                                                 =================
Safety Margin.........................  Calculated as 1990 base-  ..............           15.94           23.22
                                         year minus projected
                                         year total.
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                                                 Nitrogen Oxides
                                                 [Tons per day]
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                                                                    1990  base
                  NOX                           Category               year            2004            2014
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Knox..................................  Stationary Point........            8.96           11.73           13.17
                                        Stationary Area.........            3.66            3.92            4.13
                                        On-Road Mobile..........           37.62           31.10           13.27
                                        Non-Road Mobile.........            9.77           10.48           11.01
                                        Biogenic................            0.00            0.00            0.00
                                                                 -----------------
    Total.............................  ........................           60.01           57.23           41.58
                                                                 =================
Safety Margin.........................  Calculated as 1990 base-  ..............            2.79           18.43
                                         year minus projected
                                         year total.
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[[Page 4855]]

Motor Vehicle Emissions Budgets
    Section 176(c) of the CAA, 42 U.S.C. 7506(c), states that 
transportation plans, programs, and projects must conform to an 
approved implementation plan. Pursuant to 40 CFR part 93 (i.e., the 
Transportation Conformity Rule) a specific emissions budget is defined 
for VOC and NOX for Knox County. The MVEB, based on the on-
road mobile sources, are to be used by the local metropolitan planning 
organizations and transportation authorities to assure that 
transportation plans, programs, and projects are consistent with, and 
conform to, the long term maintenance of acceptable air quality in Knox 
County.
    The MVEB are defined for the county, for 2004 and 2014, in the 
State's submittal. The values, for both years, are equal to the 2004 
on-road mobile source projected level of emissions plus an allocation 
from the safety margin. This allocation from the safety margin accounts 
for uncertainty in the projections and is available because of 
significant reductions of VOC and NOX that have occurred, 
and are projected to occur, primarily from mobile sources. The MVEB are 
constrained in each of the budget years to assure that the total 
emissions (i.e., all source categories) do not exceed the 1990 
attainment year emissions. In no case are the projected total emissions 
(i.e., all source categories and including the allocation from the 
safety margin to the on-road mobile source category), for any year, 
greater than the attainment year emissions totals for either VOC or 
NOX. Under 40 CFR 93.101 the term safety margin is the 
difference between the attainment level (from all sources) and the 
projected level of emissions (from all sources) in the maintenance 
plan. The attainment level of emissions is the level of emissions 
during one of the years in which the area met the air quality health 
standard. The safety margin credit can be allocated to the 
transportation sector, however the total emission level must stay below 
the attainment level. The following table defines the MVEB for Knox 
County.

                                  MVEB
                             [Tons per day]
------------------------------------------------------------------------
               County                    Pollutant        2004     2014
------------------------------------------------------------------------
Knox...............................  VOC                  29.24    22.12
                                     NOX                  33.89    22.49
------------------------------------------------------------------------

    For the year 2004, the safety margins were 15.94 tpd for VOC and 
2.79 tpd for NOX. After partial allocation of the VOC safety 
margin and full allocation of the NOX safety margin to the 
MVEB, the remaining safety margins in 2004 are 7.97 tpd for VOC and 
0.00 tpd for NOX. In 2014, the safety margins were 23.22 tpd 
for VOC and 18.43 tpd for NOX. After partial allocation of 
the safety margin to the MVEB, the remaining safety margins in 2014 are 
now 11.61 tpd for VOC and 9.22 tpd for NOX.

IV. Final Action

    EPA is approving the aforementioned changes to the State of 
Tennessee SIP because they are consistent with the CAA and EPA policy. 
The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective April 2, 2004 
without further notice unless the Agency receives adverse comments by 
March 3, 2004.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on April 2, 2004 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 4856]]

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 rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 2, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 20, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
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 table, ``EPA Approved 
Tennessee Non-Regulatory Provisions,'' to read as follows:


Sec. 52.2220  Identification of plan.

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

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
   Name of non-regulatory SIP        geographic or      State effective    EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
Revision to Maintenance Plan      Knox County, TN...  July 16, 2003.....  2/4/04 [Insert
 Update for Knox County,                                                   citation of
 Tennessee.                                                                publication].
----------------------------------------------------------------------------------------------------------------


[FR Doc. 04-1970 Filed 1-30-04; 8:45 am]
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