[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33360-33363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13715]



[[Page 33360]]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0153; FRL-9682-3]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Tennessee: 
Knoxville; Determination of Attaining Data for the 1997 Annual Fine 
Particulate Matter Standards and 2006 24-Hour Fine Particulate 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make two determinations, one regarding the 
Knoxville, Tennessee, 1997 annual fine particulate (PM2.5) 
nonattainment area and one regarding the Knoxville-Sevierville-La 
Follette, Tennessee, 2006 24-hour PM2.5 nonattainment area 
(both areas have the same geographic boundary and will hereafter be 
collectively referred to as the ``Knoxville Area'' or ``Area''). First, 
EPA is proposing to determine that the Area has attained the 1997 
annual average PM2.5 National Ambient Air Quality Standards 
(NAAQS or ``standard''). Second, EPA is proposing to determine that the 
area has attained the 2006 24-hour PM2.5 NAAQS. These 
proposed determinations of attaining data are based upon complete, 
quality-assured and certified ambient air monitoring data for the 2009-
2011 period, showing that the Area has monitored attainment of the 1997 
annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS. 
If EPA finalizes these proposed determinations of attaining data, the 
requirements for the Area to submit attainment demonstrations and 
associated reasonably available control measures (RACM), reasonable 
further progress (RFP) plans, contingency measures, and other planning 
state implementation plan (SIP) revisions related to attainment of the 
standards shall be suspended so long as the Area continues to attain 
the respective PM2.5 NAAQS.

DATES: Comments must be received on or before July 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0153, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9040.
    4. Mail: EPA-R04-OAR-2010-0153, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery: Lynorae Benjamin, Chief, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0153. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Sara Waterson or Joel Huey, 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. Ms. Waterson may be 
reached by phone at (404) 562-9061 or via electronic mail at 
[email protected]. Mr. Huey may be reached by phone at (404) 562-
9104. Mr. Huey can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What actions is EPA taking?
II. What is the background for these actions?
III. Does the Knoxville Area meet the 1997 annual PM2.5 
NAAQS?
    A. Criteria
    B. Knoxville Area Air Quality
    C. Has the Knoxville Area met the 1997 annual PM2.5 
air quality standard?
IV. Does the Knoxville Area meet the 2006 24-hour PM2.5 
NAAQS?
    A. Criteria
    B. Knoxville Area Air Quality
    C. Has the Knoxville Area met the 2006 24-hour PM2.5 
air quality standard?
V. What is the effect of these actions?
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Knoxville Area (comprised of 
Anderson, Blount, Knox, and Loudon Counties in their entireties and a 
portion of Roane County) have monitored attaining data for the 1997 
annual and 2006 24-hour PM2.5 NAAQS. The proposal is based 
upon complete, quality-assured and certified ambient air monitoring 
data for the 2009-2011 monitoring period.

[[Page 33361]]

II. What is the background for these actions?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA 
published its air quality designations and classifications for the 1997 
PM2.5 NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. These designations became 
effective on April 5, 2005. The Knoxville Area was designated 
nonattainment for the 1997 annual PM2.5 NAAQS. See 40 CFR 
81.343.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, and promulgated a 24-hour 
NAAQS of 35 [mu]g/m\3\ based on a 3-year average of the 98th percentile 
of 24-hour concentrations. The process for designating areas following 
promulgation of a new or revised NAAQS is contained in section 
107(d)(1) of the Clean Air Act (CAA). EPA and state air quality 
agencies initiated the monitoring process for the PM2.5 
NAAQS in 1999 and began operating all air quality monitors by January 
2001. On November 13, 2009, EPA published its air quality designations 
and classifications for the 2006 24-hour PM2.5 NAAQS based 
upon air quality monitoring data from those monitors for calendar years 
2006-2008 (74 FR 58688). Those designations became effective on 
December 14, 2009. The Knoxville Area was designated nonattainment for 
the 2006 24-hour PM2.5 NAAQS (see 40 CFR part 81).\1\
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    \1\ On February 3, 2011, EPA made a technical correction to the 
name of the Knoxville, Tennessee, nonattainment area included in the 
November 13, 2009 (74 FR 58688), Federal Register action designating 
nonattainment areas for the 2006 24-hour PM2.5 NAAQS. The 
name of the Knoxville, Tennessee, nonattainment area for this NAAQS 
was changed at 40 CFR 81.343 to be the Knoxville-Sevierville-La 
Follette, Tennessee, nonattainment area to correspond with the name 
of the Core Based Statistical Area and to provide an accurate area 
name in the CFR. See 76 FR 6056, February 3, 2011. The geographic 
boundaries of the Knoxville-Sevierville-La Follette nonattainment 
area for the 24-hour PM2.5 NAAQS are the same as for the 
Knoxville nonattainment area for the annual PM2.5 NAAQS.
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    In response to legal challenges of the annual NAAQS promulgated in 
2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) remanded this NAAQS to EPA for further consideration. 
See American Farm Bureau Federation and National Pork Producers 
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given 
that the 1997 and 2006 annual NAAQS are essentially identical, 
attainment of the 1997 annual NAAQS would also indicate attainment of 
the remanded 2006 annual NAAQS.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for state and tribal 
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40 
CFR 51.1004(c), specifies some of the regulatory consequences of 
attaining the NAAQS, as discussed below. While 40 CFR 51.1004(c) was 
promulgated as part of a set of regulations addressing the 
PM2.5 NAAQS promulgated in 1997, EPA believes that the same 
approach is warranted with respect to the PM2.5 NAAQS 
promulgated in 2006. See ``Implementation Guidance for the 2006 24-Hour 
Fine Particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS),'' March 2, 2012, available online at http://www.epa.gov/ttn/naaqs/pm/pm25_guide.html.

III. Does the Knoxville Area meet the 1997 annual PM2.5 
NAAQS?

A. Criteria

    Today's proposed rulemaking assesses whether the Knoxville Area has 
attained the 1997 annual PM2.5 NAAQS, based on the most 
recent three years of quality-assured data. Under EPA regulations at 40 
CFR 50.7, the 1997 annual primary and secondary PM2.5 
standards are met when the annual arithmetic mean concentration, as 
determined in accordance with 40 CFR part 50, Appendix N, is less than 
or equal to 15.0 [micro]g/m\3\ at all relevant monitoring sites in the 
subject area.

B. Knoxville Area Air Quality

    EPA has reviewed the ambient air monitoring data for the Knoxville 
Area in accordance with the provisions of 40 CFR part 50, Appendix N. 
All data considered have been quality-assured, certified, and recorded 
in EPA's Air Quality System (AQS) database. The 2009-2011 data are used 
for the determination of attaining data because that is the most recent 
period of certified data available to EPA.
    Table 1 and the related discussion below show that the Area is 
attaining the standard based on available data for 2009-2011. Less than 
75 percent of the data were collected at the Bearden Middle School site 
for the second quarter of 2009 and the fourth quarter for 2010. EPA 
performed a quarterly maximum data substitution test using 40 CFR part 
50 Appendix N and the April 1999 Guideline on Data Handling Conventions 
for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf) for 
the Bearden Middle School monitor for the quarters with less than 75 
percent complete data. Less than 75 percent of the data were collected 
at the Air Lab site for the first quarter of 2010. Coarse particular 
matter (PM10) data substitution, using the April 1999 
Guideline on Data Handling Conventions for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf), was applied at the Air Lab site 
because a PM10 sampler is co-located at the site. 
PM10 data substitution was used instead of max value 
substitution because the substituted values were higher. The three-year 
annual design values both with and without data substitution are 
provided in Table 1 below. EPA's review of these data indicates that 
the Knoxville Area has met the 1997 annual PM2.5 NAAQS.

  Table 1--2009-2011 Annual Average PM2.5 Concentrations for Monitors in the Knoxville, Tennessee Nonattainment
                                                      Area
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                                                                               Annual average    Annual average
                                                                                concentration     concentration
                         Location                               Site No.        ([mu]g/m\3\)      ([mu]g/m\3\)
                                                                                without data        with data
                                                                                substitution      substitution
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Sevier Elementary School..................................       47-009-0011              11.0               N/A
Bearden Middle School.....................................       47-093-0028              11.6              12.4
Air Lab...................................................       47-093-1013              12.3              12.9
Rule High School..........................................       47-093-1017              12.1               N/A

[[Page 33362]]

 
Spring Hill Elementary School.............................       47-093-1020              11.3               N/A
Webb Drive................................................       47-105-0108              11.7               N/A
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N/A--Not Applicable.

    The Bearden Middle School monitor has a preliminary 2009-2011 
PM2.5 annual design value of 11.6 [mu]g/m\3\. Since the 
monitor had incomplete quarters during the second quarter of 2009 and 
fourth quarter of 2010, quarterly maximum data substitution was 
conducted. The annual mean was recalculated, and the resulting 2009-
2011 PM2.5 annual design value with data substitution is 
12.4 [mu]g/m\3\. The Air Lab monitor has a preliminary 2009-2011 
PM2.5 annual design value of 12.3 [mu]g/m\3\. The monitor 
had one incomplete quarter during the first quarter of 2010, and 
PM10 data substitution was conducted. The annual mean was 
recalculated, and the resulting 2009-2011 PM2.5 annual 
design value with data substitution is 12.9 [mu]g/m\3\. Because the 
design values with data substitution are below the 15.0 [mu]g/m\3\ 
standard, both monitors are considered to be attaining the 1997 annual 
NAAQS. The official design values of the monitors are 11.6 [mu]g/m\3\ 
and 12.3 [mu]g/m\3\, respectively. On the basis of this review, EPA is 
proposing to determine that the Knoxville Area has attained the 1997 
annual PM2.5 NAAQS.

C. Has the Knoxville Area met the 1997 annual PM2.5 air quality 
standard?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded the data in the EPA AQS database, for the 
Knoxville Area. Based on EPA's review of the data for 2009-2011, EPA 
proposes to determine that the Area attained the 1997 annual 
PM2.5 NAAQS.

IV. Does the Knoxville Area meet the 2006 24-hour PM2.5 
NAAQS?

A. Criteria

    Today's proposed rulemaking assesses whether the Knoxville Area has 
attained the 2006 24-hour PM2.5 NAAQS, based on the most 
recent three years of quality-assured data. Under EPA regulations at 40 
CFR 50.13, the 2006 24-hour primary and secondary PM2.5 
standards are met when the 98th percentile 24-hour concentration, as 
determined in accordance with 40 CFR part 50, Appendix N, is less than 
or equal to 35 [micro]g/m\3\ at all relevant monitoring sites in the 
subject area.

B. Knoxville Area Air Quality

    EPA has reviewed the ambient air monitoring data for the Knoxville 
Area in accordance with the provisions of 40 CFR part 50, Appendix N. 
All data considered have been quality-assured, certified, and recorded 
in EPA's AQS database. The 2009-2011 data are used for the 
determination of attaining data because that is the most recent period 
of certified data available to EPA.
    Table 2 and the related discussion below show that the Area is 
attaining the standard based on available data for 2009-2011. Less than 
75 percent of the data were collected at the Bearden Middle School site 
for the second quarter of 2009 and the fourth quarter for 2010. EPA 
performed a quarterly maximum data substitution test using 40 CFR part 
50 Appendix N and the April 1999 Guideline on Data Handling Conventions 
for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf) for 
the Bearden Middle School monitor for the quarters with less than 75 
percent complete data. Less than 75 percent of the data were collected 
at the Air Lab site for the first quarter of 2010. Coarse particulate 
matter (PM10) data substitution, using the April 1999 
Guideline on Data Handling Conventions for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf), was applied at the Air Lab site 
because a PM10 sampler is co-located at the site. 
PM10 data substitution was used instead of max value 
substitution because the substituted values were higher. The three-year 
annual design values both with and without data substitution are 
provided in Table 2 below. EPA's review of these data indicates that 
the Knoxville Area has met the 2006 24-hour PM2.5 NAAQS.

 Table 2--2009-2011 24-Hour Average PM2.5 Concentrations for Monitors in the Knoxville, Tennessee Nonattainment
                                                      Area
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                                                                               Annual average    Annual average
                                                                                concentration     concentration
                         Location                               Site No.        ([mu]g/m\3\)      ([mu]g/m\3\)
                                                                                without data        with data
                                                                                substitution      substitution
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Sevier Elementary School..................................       47-009-0011                21               N/A
Bearden Middle School.....................................       47-093-0028                24                27
Air Lab...................................................       47-093-1013                24                29
Rule High School..........................................       47-093-1017                24               N/A
Spring Hill Elementary School.............................       47-093-1020                23               N/A
Webb Drive................................................       47-105-0108                24               N/A
----------------------------------------------------------------------------------------------------------------
N/A--Not Applicable.

    The Bearden Middle School monitor has a preliminary 2009-2011 
PM2.5 24-hour design value of 24 [mu]g/m\3\. Since the 
monitor had incomplete quarters during the second quarter of 2009 and 
fourth quarter of 2010, quarterly maximum

[[Page 33363]]

data substitution was conducted. The 24-hour mean was recalculated, and 
the resulting 2009-2011 PM2.5 24-hour design value with data 
substitution is 27 [mu]g/m\3\. The Air Lab monitor has a preliminary 
2009-2011 PM2.5 24-hour design value of 24 [mu]g/m\3\. The 
monitor had one incomplete quarter during the first quarter of 2010, 
and PM10 data substitution was conducted. The 24-hour mean 
was recalculated, and the resulting 2009-2011 PM2.5 24-hour 
design value with data substitution is 29 [mu]g/m\3\. Because the 
design values with data substitution are below the 35 [mu]g/m\3\ 
standard, both monitors are considered to be attaining the 2006 24-hour 
NAAQS. The official design values of the monitors are 24 [mu]g/m\3\ and 
24 [mu]g/m\3\, respectively. On the basis of this review, EPA is 
proposing to determine that the Knoxville Area has attained the 2006 
24-hour PM2.5 NAAQS.

C. Has the Knoxville Area met the 2006 24-hour PM2.5 air quality 
standard?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded the data in the EPA AQS database, for the 
Knoxville Area. Based on EPA's review of the data for 2009-2011, EPA 
proposes to determine that the Area attained the 2006 24-hour 
PM2.5 NAAQS.

V. What is the effect of these actions?

    If these proposed determinations of attaining data are made final, 
the requirements for the Knoxville Area to submit attainment 
demonstrations and associated RACM, RFP plans, contingency measures, 
and any other planning SIPs related to attainment of either the 1997 
annual or the 2006 24-hour PM2.5 NAAQS would be suspended 
for so long as the Area continues to attain the applicable 
PM2.5 NAAQS. See 40 CFR 51.1004(c). Notably, as described 
below, any such determination would not be equivalent to the 
redesignation of the Area to attainment for the 1997 annual or 2006 24-
hour PM2.5 NAAQS.
    If these proposed rulemakings are finalized and EPA subsequently 
determines, after notice-and-comment rulemaking in the Federal 
Register, that the Area has violated either the 1997 annual or 2006 24-
hour PM2.5 NAAQS, the basis for the suspension of the 
specific requirements would no longer exist for the Knoxville Area for 
the NAAQS (i.e, the 1997 annual or the 2006 24-hour NAAQS) which was 
violated, and the Area would thereafter have to address the applicable 
requirements for that particular NAAQS. See 40 CFR 51.1004(c).
    Finalizing these proposed actions would not constitute a 
redesignation of the Area to attainment of the 1997 annual or 2006 24-
hour PM2.5 NAAQS under section 107(d)(3) of the CAA. 
Further, finalizing these proposed actions does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor would it find that the Area has met all other requirements for 
redesignation. Even if EPA finalizes the proposed actions, the 
designation status of the Knoxville Area would remain nonattainment for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS until such time 
as EPA determines that the Area meets the CAA requirements for 
redesignation to attainment and takes action to redesignate the Area.
    If the Knoxville Area continues to monitor attainment of the 1997 
annual PM2.5 NAAQS, the requirements for the Knoxville Area 
to submit an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 1997 annual PM2.5 NAAQS will remain suspended. 
Further, if the Knoxville Area continues to monitor attainment of the 
2006 24-hour PM2.5 NAAQS, the requirements for the Knoxville 
Area to submit an attainment demonstration and associated RACM, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 2006 24-hour PM2.5 NAAQS will remain 
suspended.

VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attaining data 
based on air quality, and would, if finalized, result in the suspension 
of certain federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 
these proposed 1997 annual and 2006 24-hour PM2.5 NAAQS 
determinations for the Knoxville Area do not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

For purposes of judicial review, the two determinations proposed by 
today's action are severable from one another.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: May 17, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-13715 Filed 6-5-12; 8:45 am]
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