[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Proposed Rules]
[Pages 30382-30389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-TN-0001, R04-OAR-2004-GA-0004-200414; FRL-7917-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Tennessee and Georgia; Attainment Demonstrations for the Chattanooga, 
Nashville, and Tri-Cities Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the Tennessee and 
Georgia State Implementation Plans (SIPs) respectively submitted by the 
State of Tennessee through the Department of Environment and 
Conservation on December 29, 2004, and by the State of Georgia through 
the Environmental Protection Division on December 31, 2004. These 
revisions are submitted pursuant to the Early Action Compact (EAC) 
protocol \1\ and will result in emission reductions needed to attain 
and maintain the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS) in the Chattanooga, Nashville, and Tri-Cities EAC areas. EPA is 
proposing approval of the photochemical modeling which supports the 
attainment demonstration of the 8-hour ozone standard within these 
areas. The proposed revisions further incorporate the local control 
measures of the Chattanooga, Nashville, and Tri-Cities EAC area 
agreements into the SIP. EPA is also proposing revisions to the Vehicle 
Inspection and Maintenance (I/M), Stage I Vapor Recovery and Motor 
Vehicle Tampering Tennessee SIP regulations. EPA is proposing to 
approve revisions to Georgia's rules for Stage I Vapor Recovery and 
open burning.
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    \1\ The EAC Protocol can be found at http://www.epa.gov/air/eac/ 
and in the Regional Materials Edocket (RME) I.D. ``RO4-OAR-2005-TN-
0001, R04-OAR-2004-GA-0004 see ADDRESSES section of this notice for 
further information on RME.

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DATES: Comments must be received on or before June 27, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2005-TN-0001 for any comments regarding 
the Tennessee submittal or ID No. R04-OAR-2004-GA-0004 for any comments 
regarding the Georgia submittal, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected], or [email protected].
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2005-TN-0001''or ``R04-OAR-2004-GA-0004'', 
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.
    6. Hand Delivery or Courier: Deliver your comments to: Anne Marie 
Hoffman, or Scott Martin, 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, 8:30 to 4:30, 
excluding federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2005-TN-
0001 for comments regarding the Tennessee submittal or to R04-OAR-2004-
GA-0004 for any comments regarding the Georgia submittal. 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://docket.epa.gov/rmepub/, 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 information that you consider to 
be CBI or otherwise protected through RME, regulations.gov, or e-mail. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. 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 RME 
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 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, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Scott Martin, or Anne Marie Hoffman,

[[Page 30383]]

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 for Mr. Martin is (404) 562-9036, and the telephone number 
for Ms. Hoffman is (404) 562-9074. Mr. Martin can also be reached via 
electronic mail at [email protected]. Ms. Hoffman can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: The use of ``we,'' ``our,'' and ``us'' 
refers to EPA.

Table of Contents

I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour standard?
IV. What is an EAC?
V. What are the Tennessee and Georgia EAC areas and their respective 
8-hour ozone designations?
VI. How is attainment demonstrated for the 8-hour standard with a 
photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or 
milestones
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve revisions to the Tennessee and 
Georgia SIPs under sections 110 and 116 of the Clean Air Act (CAA or 
the Act). These revisions demonstrate attainment and maintenance of the 
8-hour ozone standard, 0.08 parts per million (ppm),\2\ within the 
Chattanooga, Nashville and Tri-Cities EAC areas (The Tennessee and 
Georgia EAC areas) by 2007, and incorporate the measures developed by 
these EACs into the Tennessee and Georgia SIPs. The EACs are voluntary 
agreements between the States, local governments and EPA. The intent of 
these agreements is to reduce ozone pollution and thereby attain and 
maintain the 8-hour ozone standard by 2007, sooner than required by the 
CAA for areas designated nonattainment. Section VII of this rulemaking 
describes the control measures that will be implemented within the 
Tennessee and Georgia EAC areas.
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    \2\ The 8-hour ozone standard was promulgated on July 18, 1997 
(62 FR 38856).
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II. What Is a SIP?

    The ``SIP'' is the State Implementation Plan required by Section 
110 of the CAA and its implementing regulations. In essence, the SIP is 
a set of air pollution regulations, control strategies and technical 
analyses developed by the State to ensure that the State meets the 
NAAQS. Once included in the SIP, these regulations, strategies, and 
analyses are federally enforceable by EPA. The NAAQS are established 
under Section 109 of the Act and they currently address six criteria 
pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate 
matter, and sulfur dioxide. These SIPs can be extensive, containing 
state regulations or other enforceable documents and supporting 
information such as emission inventories, monitoring networks, and 
modeling demonstrations. Discussed in greater detail below, SIP 
revisions relating to attainment of the 8-hour ozone standard submitted 
by Tennessee and Georgia on December 29, and December 31, 2004, are now 
being proposed for inclusion into the SIPs.

III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?

    Ozone is formed by a series of chemical reactions involving 
nitrogen oxides (NOX), the result of combustion processes, 
and reactive organic gases, also termed volatile organic compounds 
(VOCs). NOX and VOCs are emitted into the air through many 
sources such as vehicles, power plants and other industrial facilities. 
Ozone and its precursors have many adverse effects on human health and 
can cause the following: Irritation of the respiratory system, 
reduction of lung function (making it more difficult to breathe), 
aggravation of asthma, inflammation and damage to the lining of the 
lungs, and an increase in the risk of hospital admissions and doctor 
visits for respiratory problems. In order to reduce ozone it is 
necessary to reduce NOX and VOCs, ozone precursors. 
Consistent with the Act, ozone reductions are achieved by establishing 
NAAQS, such as the 8-hour ozone standard, and implementing the measures 
necessary to reduce ozone and its precursors. In the April 30, 2004, 
(69 FR 23858), Federal Register document entitled ``Air Quality 
Designations and Classifications for the 8-Hour Ozone National Ambient 
Air Quality Standards; Early Action Compact Areas with Deferred 
Effective Dates,'' EPA designated every county in the United States 
unclassifiable/attainment or nonattainment. Generally, when areas are 
designated nonattainment, they must put measures in place that will 
control and maintain ozone at healthy levels; areas designated as 
attainment must also develop maintenance plans to ensure ozone 
concentrations do not increase over time to unhealthy levels. The EAC 
program involves a commitment by areas close to attainment of the ozone 
standard to achieve clean air sooner. The areas' commitment is 
demonstrated by implementing control measures to achieve attainment 
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act. 
The EAC areas that were designated nonattainment, but were able to meet 
the requirements of the EAC Protocol currently have a deferral of their 
nonattainment designation until September 30, 2005.

IV. What Is an EAC?

    An ``EAC'' is an ``Early Action Compact.'' This is an agreement 
between a State, local governments, and EPA to implement measures not 
necessarily required by the Act in order to achieve cleaner air as soon 
as possible. Communities close to or exceeding the 8-hour ozone 
standard that have elected to enter into an EAC have started reducing 
air pollution at least two years sooner than required by the Act. In 
many cases, these reductions will be achieved by local air pollution 
control measures not otherwise mandated under the Act. The program was 
designed for areas that approach or monitor exceedances of the 8-hour 
standard, but are in attainment for the 1-hour ozone standard. The one-
hour ozone standard will be revoked as of June 15, 2005, in most areas. 
It will not be revoked for previous 1-hour nonattainment areas that are 
8-hour EAC areas, such as the Nashville, Tennessee and Greensboro-
Winston Salem-High Point, North Carolina 1-hour area (the Triad 8-hour 
EAC area).\3\ These areas will continue to implement transportation 
conformity requirements related to the 1-hour ozone standard. The 1-
hour ozone transportation conformity requirements will no longer be in 
effect one year after the 8-hour ozone attainment designation if the 
areas are successful in achieving attainment through implementation of 
the EAC. If any EAC area is unsuccessful in attaining the 8-hour ozone 
NAAQS through the EAC process, it will be subject to the 8-hour ozone 
transportation conformity requirements one year after the nonattainment 
designation becomes effective.
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    \3\ Notably, the counties included in the 8-hour EAC area may 
not directly correspond with all the counties included in the 
previous 1-hour area for the similar geographic area.
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    The initial choice to enter into a EAC was voluntary on behalf of 
the local officials and State air quality officials. EPA believes that 
early planning and implementation of control measures that

[[Page 30384]]

improve air quality will likely accelerate protection of public health. 
The EAC program allows participating State and local entities to make 
decisions that will accelerate meeting the new 8-hour ozone standard 
using local pollution control measures in addition to federally 
mandated measures. While the choice of entering into an EAC was 
voluntary, all measures adopted as part of the EAC are being proposed 
to be incorporated into the SIP and will be mandatory and federally 
enforceable.
    In Region 4, EPA initially received 22 requests to enter into EACs 
in December 2002, including 100 counties in four states. Currently, 
there are 17 areas and 85 counties included in the EAC program in four 
states. Of those 17, only eight areas received a deferral of their 
nonattainment designation. Five of the eight areas that have a deferred 
nonattainment designation are now attaining the 8-hour ozone standard 
and modeling attainment of that into the future. Consistent with EPA's 
EAC Protocol, states with communities participating in the EAC program 
had to submit plans for meeting the 8-hour ozone standard by December 
31, 2004, rather than June 15, 2007, the CAA deadline for all other 
areas not meeting the standard. The EAC Protocol further requires 
communities to develop and implement air pollution control strategies, 
account for emissions growth and demonstrate attainment by 2007 and 
maintenance for at least five years of the 8-hour ozone standard. 
Greater details of the EAC program are explained in EPA's December 16, 
2003, (68 FR 70108) proposed Federal Register document entitled 
``Deferral of Effective Date of Nonattainment Designations for 8-hour 
Ozone National Ambient Air Quality Standards for Early Action Compact 
Areas.''
    Tennessee submitted an EAC for the Chattanooga area, the Nashville 
area, and the Tri-Cities area, on December 30, 2002. The State of 
Georgia submitted materials supporting the Chattanooga EAC on December 
24, 2002. These were signed by representatives of the local 
communities, State air quality officials and the Regional 
Administrator. The Tennessee and Georgia EAC area designations are 
discussed further in Section V of today's rulemaking. To date, the 
Tennessee and Georgia EAC areas have met all EAC milestones and, as 
long as EAC areas continue to meet the agreed upon milestones, the 
nonattainment designations will be deferred until April 15, 2008. At 
that time EAC areas with air quality monitoring data showing attainment 
for the years 2005-2007 and that have met all compact milestones will 
be designated attainment.

V. What Are the Tennessee and Georgia EAC Areas and Their Respective 8-
hour Ozone Designations?

    In the April 30, 2004, (69 FR 23858) Federal Register document 
entitled ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas with Deferred Effective Dates,'' the EPA designated every area in 
the United States unclassifiable/attainment or nonattainment. The EPA 
deferred the effective date of nonattainment designations for EAC areas 
that were violating the 8-hour ozone standard (and attaining the 1-hour 
ozone standard), but continue to meet the compact milestones. Details 
of this deferral were published in the April 30, 2004, (69 FR 23858) 
Federal Register document. The Tennessee and Georgia EAC area 
designations are discussed further in Section V of today's rulemaking.
    In the April 30, 2004, (69 FR 23858) rulemaking, the EPA designated 
counties within the EAC areas that were violating the 8-hour NAAQS 
based on 2001-2003 air quality monitoring data as nonattainment-
deferred. EPA designated five counties within the Nashville EAC area as 
nonattainment-deferred and three counties as unclassifiable/attainment 
for the 8-hour ozone standard (See Table 1). In the same document, EPA 
designated two counties within the Tri-Cities EAC area as 
nonattainment-deferred and four counties as unclassifiable/attainment 
for the 8-hour ozone standard (See Table 1). In the same document, EPA 
found Chattanooga's report submitted to meet the March 31, 2004, EAC 
milestone was insufficient. EPA therefore designated Hamilton County, 
Tennessee and Catoosa and Walker Counties, Georgia as nonattainment and 
the two remaining counties as unclassifiable/attainment. Due to 
extensive efforts on the part of the local governments and State 
Agencies consistent with requirements for EAC areas, EPA reinstated the 
Chattanooga area into the EAC on June 18, 2004, (69 FR 34080) and 
designated Hamilton County, Tennessee and Catoosa an Walker Counties, 
Georgia as nonattainment-deferred (See Table 1).

      Table 1.--Tennessee and Georgia EAC 8-Hour Ozone Designations
------------------------------------------------------------------------
           EAC areas                  EAC 8-hour Ozone designation
------------------------------------------------------------------------
Chattanooga EAC area:
    Hamilton County, TN.......  Nonattainment-deferred.
    Meigs County, TN..........  Nonattainment-deferred.
    Marion County, TN.........  Unclassifiable/Attainment.
    Walker County, GA.........  Unclassifiable/Attainment.
    Catoosa County, GA........  Nonattainment-deferred.
Nashville EAC area:
    Davidson County...........  Nonattainment-deferred.
    Rutherford County.........  Nonattainment-deferred.
    Williamson County.........  Nonattainment-deferred.
    Wilson County.............  Nonattainment-deferred.
    Sumner County.............  Nonattainment-deferred.
    Robertson County..........  Unclassifiable/Attainment.
    Cheatham County...........  Unclassifiable/Attainment.
    Dickson County............  Unclassifiable/Attainment.
Tri-Cities EAC area:
    Sullivan County...........  Nonattainment-deferred.
    Hawkins County............  Nonattainment-deferred.
    Washington County.........  Unclassifiable/Attainment.
    Unicoi County.............  Unclassifiable/Attainment.
    Carter County.............  Unclassifiable/Attainment.
    Johnson County............  Unclassifiable/Attainment.
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[[Page 30385]]

    To date, the Tennessee and Georgia EAC areas have met all EAC 
milestones and, as long as EAC areas continue to meet the agreed upon 
milestones, the impact of the nonattainment designations will be 
deferred until April 15, 2008. At that time, EPA will evaluate the 8-
hour ozone designations for these areas.

VI. How Is Attainment Demonstrated for the 8-Hour Ozone Standard With a 
Photochemical Model?

    In developing its SIP, an area will typically evaluate necessary 
control measures using modeling programs to determine how that area can 
meet and maintain the NAAQS. This process is no different for EAC areas 
which used modeling and screening tests to evaluate attainment and 
maintenance of the 8-hour ozone standard. The attainment tests use 
ambient air quality monitored design values with model-generated ozone 
concentration data. The test is applied at each monitor in the area as 
well as applicable unmonitored modeling sites in the EAC area. A future 
year design value is developed by multiplying the ratio of the future 
year to current year model-predicted 8-hour daily maximum ozone 
concentrations by a current design value. The current design value is 
developed from air quality monitored data. Under EPA regulations at 40 
CFR part 50, the 8-hour ozone standard is attained when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average ozone 
concentrations is less than or equal to 0.08 ppm. (See 69 FR 23857 
(April 30, 2004) for further information). If modeled predicted future 
site-specific design values are less than 0.085 ppm at each monitor 
site, the test is passed.\4\
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    \4\ Although the 8-hour ozone standard is 0.08 ppm, monitored 
values less than 0.085 are rounded down to 0.08 whereas monitored 
values equal to or greater than 0.085 are rounded up, and considered 
to be an exceedance of the standard. The 8-hour ozone standard can 
also be expressed in parts per billion and EPA often refers to 
monitors meeting the standard if they monitor values less than 85 
ppb.
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A. How Was Attainment Demonstrated Through the Tennessee EAC Modeling?

    The Tennessee modeling was developed consistent with the EPA draft 
modeling guidance and EAC protocol guidance that was available when the 
modeling was conducted.\5\ The air quality modeled concentrations were 
developed using the variable-grid Urban Airshed Model, Version 1.5 
(UAM-V5), a regional- and urban-scale, nested-grid photochemical air 
quality model. Areas with 8-hour ozone SIPs due in 2007 are expected to 
use the 2002 inventory as mentioned in the policy memo (``2002 Base 
Year Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and 
Regional Haze Programs'' by Lydia N. Wegman dated November 18, 2002). 
However, for EAC SIPs submitted in 2004, EPA will accept another year 
provided the data represents recent conditions. A current year of 2001 
was used by Tennessee for the modeling because it was the most 
representative year with the most complete data available.
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    \5\ The EPA issued guidance on the air quality modeling that is 
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S. 
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis 
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at 
http://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'').
    EPA, June, 2002. ``Protocol for Early Action Compacts Designed 
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at 
http://www.epa.gov/ttn/naaqs/ozone/eac/.
    ``Appendix W to 40 CFR Part 51: Guideline on Air Quality 
Models.'' Located at http://www.epa.gov/scram001/ (file name: 
``Appendix W'')
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    The attainment test is passed for all EAC area monitors for the 
future years of 2007, 2012 and 2017 for the Chattanooga, Nashville and 
Tri-Cities EAC areas using current design values from 2000-2002. The 
future-predicted design values using the Tennessee modeling are 
presented in Table 2.

           Table 2.--Tennessee EAC Future Design Values (ppb)
------------------------------------------------------------------------
              Area/Monitor                  2007       2012       2017
------------------------------------------------------------------------
                          Chattanooga EAC Area
------------------------------------------------------------------------
Sequoyah...............................         84         80         77
Chattanooga............................         84         79         75
Meigs County...........................         84         80         77
----------------------------------------
                           Nashville EAC Area
------------------------------------------------------------------------
Rockland Road..........................         81         79         75
East Nashville Health Center...........         66         64         61
Percy Priest Dam.......................         75         73         70
Rutherford County......................         82         79         75
Wright's Farm..........................         82         79         75
Fairview...............................         80         77         74
Lebanon................................         76         72         69
----------------------------------------
                           Tri-Cities EAC Area
------------------------------------------------------------------------
Kingsport..............................         84         81         80
Blountville............................         83         80         78
------------------------------------------------------------------------

B. How Was Supplemental Modeling Developed by Georgia Used in the 
Demonstration for Attainment?

    The Chattanooga EAC is a multi-state EAC area and includes counties 
in Tennessee and Georgia. An attainment demonstration was independently 
developed for the Chattanooga EAC area by the states of Tennessee and 
Georgia. The Georgia modeling was developed consistent with existing 
EPA modeling and EAC protocol guidance. The air quality modeled 
concentrations were developed using the Community Multiscale Air 
Quality (CMAQ), a regional- and urban-scale, nested-grid photochemical 
air quality model. A current year of 2000 was modeled for the 
attainment test. The attainment test is passed for all EAC area 
monitors for the future years of 2007 and 2012 for the Chattanooga EAC 
area using current design values from 1999-2001. A comparison of the 
future-predicted

[[Page 30386]]

design values as independently developed in the Georgia and Tennessee 
modeling is presented in Table 3.

                   Table 3.--Chattanooga Future Design Values (ppb) From Tennessee and Georgia
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                                                               2007                            2012
                     Monitor                     ---------------------------------------------------------------
                                                     Tennessee        Georgia        Tennessee        Georgia
----------------------------------------------------------------------------------------------------------------
Sequoyah........................................              84              81              80              79
Chattanooga.....................................              84              81              79              78
Meigs County....................................              84              81              80              78
----------------------------------------------------------------------------------------------------------------

C. Supplemental Analyses Used in the Technical Demonstration for 
Attainment?

    According to the 1999 draft EPA 8-hour ozone modeling guidance, a 
weight of evidence (WOE) analysis is optional if attainment is modeled 
through photochemical modeling. If it is submitted, WOE provides 
additional corroborative analyses to support and strengthen the 
photochemical modeling. The WOE analyses are particularly useful in 
verifying the attainment demonstration if the photochemical modeling 
results are within a few parts per million of the 8-hour standard. The 
State of Tennessee chose to submit a weight of evidence analysis to 
support the attainment modeling results. The WOE results varied for 
each EAC area but were, overall, supportive of the modeling conclusions 
for attainment. Therefore, WOE strengthens the photochemical modeling 
analysis. The WOE is described in detail and for each EAC area in the 
technical support document (TSD) for this document. Briefly, the WOE 
elements in the SIP submittal include:
    1. An additional application of the modeled attainment test using 
the 2001-2003 data for the current design values. Using a lower ambient 
air quality current design value results in all monitors indicating 
attainment with design values well below 84 ppb.
    2. A sensitivity analysis on the radius of influence to use around 
the monitor to determine the modeling concentrations to use in the 
attainment tests. Attainment was indicated at all monitors in the Tri-
Cities and Nashville area.
    3. An 8-hour ozone exceedance exposure analysis to determine the 
change in difference of 8-hour ozone predictions > 85 ppb. The percent 
reduction improvement is presented in Table 4.
    4. Three analysis items as defined in the draft EPA 8-hour ozone 
modeling guidance were analyzed to determine the percent reduction 
improvement: (1) Change in number of grid cell hours with 1-hour ozone 
> 84 ppb, (2) change in number of grid cell hours with 1-hour ozone > 
84 ppb, and (3) change in difference of 1-hour ozone predictions > 84 
ppb. The results for the three metrics are presented in Table 4. 
Improvement ranging from 51 to 78 percent is shown for each analysis 
item for all three areas.
    5. Applying the modeled attainment test by omitting episode days 
based on model performance and using only episode days with observed 
exceedance. Attainment was indicated with future design values similar 
and sometimes less than the future design values in Table 3.

                             Table 4.--Weight of Evidence Analyses Results (percent)
----------------------------------------------------------------------------------------------------------------
                                                                        Percent reduction for each EAC area
                         Analysis Items                          -----------------------------------------------
                                                                    Chattanooga      Nashville      Tri-Cities
----------------------------------------------------------------------------------------------------------------
Change in difference of 8-hour ozone predictions > 85 ppb.......              78              73              71
Change in number of grid cell hours with 1-hour ozone                         73              64              69
 concentrations > 84 ppb........................................
Change in number of grid cell hours with 8-hour ozone                         67              59              51
 concentrations > 85 ppb........................................
Change in difference of 1-hour ozone predictions > 84 ppb.......              63              55              55
----------------------------------------------------------------------------------------------------------------

    The WOE analysis supports the conclusions of attainment presented 
in section IV.A. Improvements in air quality are indicated in the WOE 
analyses. The sensitivity analyses on the application of the model 
attainment test further support attainment for the EAC areas. 
Additional details by EAC areas for the WOE analysis is included in the 
TSD for this document.

D. What Is the Maintenance for Growth Plan for the EAC Areas?

    The Tennessee SIP included a comprehensive maintenance plan for the 
EAC areas that met the minimum requirements of the EAC protocol. The 
EAC maintenance plan includes the following:
    1. An attainment demonstration for the 2007-2017 period. Future 
design values developed through modeling for 2007, 2012 and 2017 are 
below 85 ppb at all monitors in the EAC areas.
    2. A commitment for an interim evaluation in 2008.
    3. A commitment to annually track stationary and highway mobile 
source emissions starting in 2005. Provides triggers (emissions growth 
thresholds and rates) and actions (air quality analyses, modeling and 
adopting additional controls) to be performed to address emission 
growth.
    4. Based on the tracking the growth of stationary and onroad mobile 
sources, Tennessee commits to adopt and implement additional control 
measures, as needed from their analyses, as expeditiously as 
practicable, but no later than two years from meeting a triggering 
condition.
    5. A timeline of actions and submittals for the maintenance plan 
from December 2004 to December 2017:
     December 2004--Tennessee Division of Air Pollution Control 
(TDAPC) submits the EAC SIP covering both the attainment date of 2007 
and the 10-year maintenance period through 2017
     December 2005--TDAPC and EAC areas fully implement EAC 
control measures
     December 2005--First annual emissions tracking report 
submitted for each EAC area

[[Page 30387]]

     December 2006--Second annual tracking report submitted for 
each EAC area
     December 2007--Ozone NAAQS attainment date
     December 2007--Third annual tracking report submitted for 
each EAC area
     April 2008--EPA designates areas for the 8-hour ozone 
standard
     December 2008--TDAPC completes evaluation of new emissions 
data and determines whether revised modeling analysis is required
     December 2008--Fourth annual tracking report submitted for 
each EAC area and continues each year thereafter through the end of the 
maintenance period.
    The Georgia maintenance for growth plan was based on modeling the 
next five year period following the attainment year, i.e., 2012. 
Developing modeled future design values for 2012 satisfies the five-
year maintenance for growth demonstration requirements in the EAC 
protocol, i.e., to assess attainment beyond 2007. The Georgia modeling 
indicates that maintenance of the attainment will occur beyond the 
December 31, 2007, attainment date. The EPA EAC protocol also states 
that the plan must detail a continuing planning process and discusses 
what this should involve. The Georgia EAC maintenance plan for the 
Chattanooga EAC area includes an attainment demonstration with future 
design values developed through modeling for 2007 and 2012 that are 
below 85 ppb at all EAC monitors. A commitment is included to track the 
EAC design value. If the design value increases beyond 0.084 ppm, the 
state will conduct a comprehensive study of air quality, emissions and 
modeling (as applicable) to determine if additional controls are 
needed. Additional controls will be developed, completed and submitted 
to EPA no later than 18 months of a determination based on the air 
quality trigger.

E. What Are EPA's Conclusions on the EAC Technical Demonstration for 
Attainment and Maintenance?

    EPA's analysis indicates that the appropriate data and procedures 
were used to assess 8-hour ozone attainment for the Chattanooga, 
Nashville and Tri-Cities EAC areas. Although modeling demonstrations by 
Tennessee and Georgia were independently developed using different 
assumptions, inventories, episodes, and models, the results were 
consistent in modeling attainment. EPA's review indicates that the 
modeling from both states indicates attainment and maintenance of the 
8-hour ozone NAAQS will be achieved. Finally, EPA believes that the 
combination of local scale modeling, WOE analyses and control 
strategies demonstrates attainment of the 8-hour ozone NAAQS for each 
Tennessee EAC area. Additional details of the Georgia and Tennessee EAC 
modeling are presented in the TSDs for the two state submittals.

VII. What Measures Are Included in This EAC SIP Submittal?

    The Tennessee and Georgia submittals outline State and local 
measures that have been adopted and implemented, or will be 
implemented, by December 31, 2005, to attain and maintain the 8-hour 
ozone standard. These measures include controls on both stationary and 
mobile emissions sources. The Tennessee TSD discusses the results of 
photochemical modeling and technical analyses that support a 
demonstration of attainment of the 8-hour ozone standard by December 
31, 2007, and maintenance of that standard through 2017. The Georgia 
TSD discusses the results of photochemical modeling and technical 
analyses that support a demonstration of attainment of the 8-hour ozone 
standard by December 31, 2007, and maintenance of that standard through 
2012.
    Statewide rule revisions adopted by the State of Tennessee to 
control emissions include an expansion of the Motor Vehicle Inspection 
and Maintenance (I/M) program, an expansion of the Stage 1 Gasoline 
Vapor Recovery program, and a Motor Vehicle Tampering provision. The 
Light-Duty Motor Vehicle Inspection and Maintenance revision broadens 
the scope of the existing rule to achieve additional mobile source 
emissions reductions. Significant changes require gasoline and diesel 
vehicles 1975 and newer with a gross vehicle weight rating up to 10,500 
pounds or less to pass an emissions inspection prior to registration 
renewal. The Motor Vehicle Tampering revision reduces air pollution 
caused by tampering. Tampering may be defined as modifying, removing or 
rendering inoperable, any air pollution emission control device which 
results in an increase in emissions beyond established federal motor 
vehicle standards. The Volatile Organic Compounds--Stage I Vapor 
Recovery revision broadens the scope of the existing rule to achieve 
additional emissions reductions. Stage I Vapor Recovery is used during 
the refueling of gasoline storage tanks to reduce emissions of VOCs. 
Vapors in storage tanks that are displaced by incoming gasoline would 
be routed into the gasoline tank truck and therefore captured, instead 
of being vented to the atmosphere. The revision extends Stage I 
requirements for bulk gasoline plants and gasoline dispensing stations 
to additional Tennessee counties.
    The State of Georgia submittal included two controls that will be 
implemented in the Chattanooga EAC area, an open burning ban during the 
ozone season and Stage I Vapor recovery. An open burning ban will be 
implemented at the state level in Catoosa and Walker Counties. The open 
burning ban will be in effect for the duration of the ozone season, 
which is May 1 through September 30. Stage I Vapor Recovery will be 
implemented at the state level in Catoosa and Walker Counties, Georgia 
in the Chattanooga area. Emissions reductions estimates from stage I 
vapor recovery in Walker and Catoosa Counties are estimated to be 0.81 
tons per day (tpd) of VOCs in 2007 and 0.93 tpd of VOCs in 2012.
    The majority of local EAC control measures being proposed for the 
SIP were not included in the modeling because they were not necessary 
to model attainment. These expected emission reductions further support 
the conclusion that the Tennessee and Georgia EAC areas will attain and 
maintain the 8-hour ozone standard in the future. Examples of these 
expected emission reductions not modeled are summarized in Table 5. For 
a complete list of local reductions see the 8-hour ozone attainment 
demonstrations for the Tennessee and Georgia EAC areas submitted to EPA 
on December 29, 2004, and December 31, 2004, found in the RME system as 
mentioned in the ADDRESSES section of today's rulemaking.

[[Page 30388]]



          Table 5.--Additional EAC Local Reductions not Modeled
------------------------------------------------------------------------
                                                Estimated reduction
                                         -------------------------------
                Strategy                    NOX  (tons/     VOC  (tons/
                                               day)            day)
------------------------------------------------------------------------
                             Chattanooga EAC
------------------------------------------------------------------------
Seasonal Open Burning Ban...............            1.04            3.15
Spare the Air Program...................           0.130           0.170
-----------------------------------------
                             Nashville EACe
------------------------------------------------------------------------
Seasonal Open Burning Ban...............           0.111           0.423
Air Quality Action Day Measures.........           1.220           0.470
HOV Lane Expansion......................           0.017           0.021
Traffic Signal Synchronization..........           0.206           0.260
------------------------------------------------------------------------

    The modeled control measures detailed in Section VII meet the 
requirements of the EAC protocol: They are specific, quantified, 
permanent and will be federally enforceable when approved by EPA. In 
compliance with the next EAC program milestone, each of the control 
measures listed above, including any measures substituted by local 
areas, are scheduled to be implemented on or before December 31, 2005. 
The TSD contains additional information on each of these control 
measures, as well as information on numerous locally-implemented 
measures whose expected emission reductions have not been quantified. 
Local measures for the Tri-Cities EAC area are not included in Table 5 
because the area did not quantify the local control measures which 
included an open burning ban, ozone action day program, and 
transportation emissions control measures.
    Additionally, federal emission controls are projected to 
substantially reduce emissions of NOX and VOCs in the newer 
fleet of vehicles and improved emission controls in major industrial, 
commercial and institutional facilities (point sources) are projected 
to significantly reduce emissions of NOX. Using air quality 
models to anticipate the impact of growth, as well as the state-
assisted and locally-implemented measures to reduce emissions, the 
States have projected that the EAC areas will be in attainment of the 
8-hour ozone standard in 2007 and will remain in attainment through 
2012 and 2017. The EPA has reviewed the modeling and emission 
projections and believes attainment is demonstrated. Therefore, EPA is 
proposing to approve the demonstration of attainment.

VIII. What Happens If the Area Does Not Meet the EAC Commitments or 
Milestones?

    In the April 30, 2004 (69 FR 23858), Final Rulemaking, EPA 
designated counties within the Nashville and Tri-Cities EAC areas as 
nonattainment-deferred. Other counties within these EAC areas were 
designated attainment/unclassifiable. Also on April 30, 2004, EPA 
designated Hamilton County, Tennessee and Catoosa County, Georgia as 
nonattainment but reinstated the Chattanooga area into the EAC on June 
18, 2004 (69 FR 34080), and reclassified those counties as 
nonattainment-deferred. In accordance with the April 30, 2004 (69 FR 
23858), Final Rulemaking, the effective date of nonattainment for the 
EAC areas (see Table 1) have been deferred until September 30, 2005 
(and will continued to be deferred so long as the areas meet the EAC 
milestones). The measures outlined in the Tennessee and Georgia SIP 
submittals provide every indication that the Tennessee and Georgia EAC 
areas will attain the 8-hour ozone standard by December 31, 2007, and 
complete each milestone and action agreed upon in the compact. However, 
if one milestone is missed, EPA will take action to propose and 
promulgate a finding of failure to meet the milestone, and withdraw the 
deferred effective date of the nonattainment designation.

IX. Why Are We Proposing To Approve This EAC SIP Submittal?

    We are proposing to approve this EAC SIP submittal because 
implementation of the requirements in this EAC will help ensure the 
three Tennessee and Georgia EAC areas comply with the 8-hour ozone 
standard by December 31, 2007, and maintenance of that standard through 
2017 for Tennessee and 2012 for Georgia. We have reviewed the 
submittals and determined that they are consistent with the 
requirements of the Act, EPA's policy, and the EAC protocol. The TSD 
contains detailed information concerning this rulemaking action.
    Approving the EAC submittals into the SIP will also mean that 
measures and controls identified therein become federally enforceable 
and citizens within the EAC areas will start to benefit from reductions 
in air pollution earlier than the Clean Air Act deadlines. See section 
VII of this rulemaking action for the description of air pollution 
control measures. Finally, it means that EPA has determined that the 
State and local areas have continued to fulfill the milestones and 
obligations of the EAC Program. In a separate document, EPA will take 
action proposing to defer the effective date of nonattainment 
designation for these areas until December 31, 2006, so long as the 
areas continue to fulfill the EAC obligations, including semi-annual 
reporting requirements, implementation of the measures in the EAC 
submittal by December 31, 2005, and a progress assessment by June 30, 
2006.

X. Proposed Action

    EPA is proposing to approve the attainment demonstration in the 
Chattanooga area, Nashville area, and Tri-Cities area EACs and 
incorporate these into the Tennessee and Georgia SIPs. The modeling of 
ozone and ozone precursor emissions from sources in these three EAC 
areas demonstrate that the specified control strategies will provide 
for attainment of the 8-hour ozone NAAQS by December 31, 2007. These 
specified control strategies are consistent with the EAC program.

XI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory

[[Page 30389]]

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 proposed action merely proposes to approve 
state law as meeting Federal requirements and imposes no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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 
actions, 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 proposed 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.).

List of Subjects 40 CFR Part 52

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

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

    Dated: May 18, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10472 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P