[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45954-45956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18663]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0153; FRL-9708-2]


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 and 2006 
24-Hour Fine Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making 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 determining that the Area has attained the 1997 annual 
PM2.5 National Ambient Air Quality Standards (NAAQS or 
``standard''). Second, EPA is determining that the Area has attained 
the 2006 24-hour PM2.5 NAAQS. These determinations of 
attaining data are based upon 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. The requirements for the Area to submit 
an attainment demonstration 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: Effective Date: This final rule is effective on September 4, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2010-0153. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business

[[Page 45955]]

information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy for 
public inspection during normal business hours 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.

FOR FURTHER INFORMATION CONTACT: Sara Waterson, 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].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is determining that the Knoxville Area (comprised of Anderson, 
Blount, Knox, and Loudon Counties in their entireties and a portion of 
Roane County) has monitored attaining data for the 1997 annual and 2006 
24-hour PM2.5 NAAQS. These determinations are based upon 
quality-assured, quality-controlled and certified ambient air 
monitoring data that shows the Area has monitored attainment of the 
1997 annual and 2006 24-hour PM2.5 NAAQS based on the 2009-
2011 data.
    Other specific requirements of the determinations and the rationale 
for EPA's action are explained in the notice of proposed rulemaking 
(NPR) published on June 6, 2012 (77 FR 33360), and will not be restated 
here. The comment period closed on July 6, 2012. No comments, adverse 
or otherwise, were received in response to the NPR.

II. What are the effects of these actions?

    The determinations of attaining data, in accordance with 40 CFR 
51.1004(c), suspends the requirements for this Area to submit 
attainment demonstrations, 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 for so long 
as the Area continues to attain the applicable PM2.5 NAAQS. 
Finalizing these actions does not constitute a redesignation of the 
Knoxville Area to attainment for the 1997 annual or 2006 24-hour 
PM2.5 NAAQS under section 107(d)(3) of the Clean Air Act 
(CAA). Further, finalizing these actions does not involve approving 
maintenance plans for the Area as required under section 175A of the 
CAA, nor does it involve a determination that the Area has met all 
requirements for a redesignation.

III. What are EPA's final actions?

    EPA is determining that the Knoxville Area has data demonstrating 
that it has attained the 1997 annual and 2006 24-hour PM2.5 
NAAQS. These determinations are based upon quality-assured, quality-
controlled, and certified ambient air monitoring data showing that this 
Area has monitored attainment of the 1997 annual and 2006 24-hour 
PM2.5 NAAQS during the period of 2009-2011. This final 
action, in accordance with 40 CFR 51.1004(c), will suspend the 
requirements for this Area to submit attainment demonstrations, 
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 for so long as the Area continues 
to attain the applicable PM2.5 NAAQS. These actions are 
being taken pursuant to section 179(c)(1) of the CAA and are consistent 
with the CAA and its implementing regulations.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission or state request that complies with the provisions of the 
CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 
52.02(a). Thus, in reviewing SIP submissions or state request, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA. Accordingly, these actions merely approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, these 
actions:
     Are not a ``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 an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a 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 actions do not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
impacted area is not in Indian country located in the State, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 1, 2012. Filing a petition for 
reconsideration by the Administrator of these final rules does

[[Page 45956]]

not affect the finality of these actions 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. These actions, pertaining to the determination of 
attaining data for the 1997 annual and 2006 24-hour fine particulate 
matter standard for the Knoxville Area, may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 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 52.2231 is amended by adding paragraphs (d) and (e) to read 
as follows:


Sec.  52.2231  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (d) Determination of attaining data. EPA has determined the 
Knoxville, Tennessee, nonattainment area has attaining data for the 
1997 annual PM2.5 NAAQS. This determination, in accordance 
with 40 CFR 51.1004(c), suspends the requirements for this area to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning SIPs related to attainment of the standard 
for as long as this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (e) Determination of attaining data. EPA has determined Knoxville-
Sevierville-La Follette, Tennessee, nonattainment area has attaining 
data for the 2006 24-hour PM2.5 NAAQS. This determination, 
in accordance with 40 CFR 51.1004(c), suspends the requirements for 
this area to submit an attainment demonstration, associated reasonably 
available control measures, a reasonable further progress plan, 
contingency measures, and other planning SIPs related to attainment of 
the standard for as long as this area continues to meet the 2006 24-
hour PM2.5 NAAQS.
[FR Doc. 2012-18663 Filed 8-1-12; 8:45 am]
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