[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Proposed Rules]
[Pages 74820-74822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30358]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0762; FRL-9762-7]


Approval and Promulgation of Implementation Plans; Tennessee: 
Knox County Supplemental Motor Vehicle Emissions Budget Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, through parallel processing, a 
draft revision to the Tennessee State Implementation Plan (SIP), 
submitted to EPA on October 12, 2012, by the State of Tennessee, 
through the Tennessee Department of Environment and Conservation 
(TDEC). Tennessee's October 12, 2012, draft SIP revision includes 
changes to the maintenance plan for the Knox County 1-hour ozone area 
submitted on August 26, 1992, and approved by EPA on September 27, 
1993, and a subsequent SIP revision approved by EPA on August 5, 1997. 
The Knox County 1-hour ozone area was comprised of Knox County in its 
entirety. The October 12, 2012, draft revision proposes to increase the 
safety margin allocated to motor vehicle emissions budgets (MVEB) for 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
for Knox County to account for changes in the emissions model and 
vehicle miles traveled (VMT) projection model. EPA is proposing 
approval of this draft SIP revision pursuant to section 110 of the 
Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before January 17, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0762 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) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0762,'' 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 or Courier: Lynorae Benjamin, 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'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.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation 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. Kelly 
Sheckler may be reached by phone at (404) 562-9222 or by electronic 
mail address [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Parallel Processing
II. Background
III. EPA's Analysis of Tennessee's SIP Revision
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Parallel Processing

    Consistent with EPA regulations found at 40 CFR Part 51, Appendix 
V, section 2.3.1, for purposes of expediting review of a SIP submittal, 
parallel processing allows a state to submit a plan to EPA prior to 
actual adoption by the state. Generally, the state submits a copy of 
the proposed regulation or other revisions to EPA before going out for 
public comment. EPA reviews this proposed state action, and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
state is holding its public process. The state and EPA then provide for 
concurrent public comment periods on both the state action and federal 
action.
    If the revision that is finally adopted and submitted by the state 
is changed in aspects other than those identified in the proposed 
rulemaking on the parallel process submission, EPA will evaluate those 
changes and if necessary and appropriate, issue another notice of 
proposed rulemaking. The final rulemaking action by EPA will occur only 
after the SIP revision has been adopted by the state and submitted 
formally to EPA for incorporation into the SIP.
    On October 12, 2012, the State of Tennessee, through TDEC submitted 
a request for parallel processing of a draft SIP revision that the 
State had already taken through public comment. TDEC requested parallel 
processing so that EPA could begin to take action on its draft SIP 
revision in advance of the State's submission of the final SIP 
revision. As stated above, the final rulemaking action by EPA will 
occur only after the SIP revision has been: (1) Adopted by Tennessee, 
(2) submitted formally to EPA for incorporation into the SIP; and (3) 
evaluated by EPA, including any changes made by the State after the 
October 12, 2012, draft was submitted to EPA.

II. Background

    The Knox County, Tennessee, 1-hour ozone attainment and maintenance 
area is comprised of only Knox County in its

[[Page 74821]]

entirety in Tennessee (hereafter referred to as the ``Knox County 
Area'' or ``Area''). Knox County Area was originally designated as 
marginal nonattainment for the 1-hour ozone national ambient air 
quality standards (NAAQS) on November 6, 1991 (56 FR 56694).\1\ Knox 
County was redesignated as attainment for the 1-hour ozone NAAQS on 
September 27, 1993 (58 FR 50271). In this approval, was a 10-year air 
quality maintenance plan covering the years 1994-2004.
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    \1\ Subsequent to designating Knox County nonattainment for the 
1-hour ozone NAAQS, EPA has since designated Knox County as part of 
the larger Knoxville nonattainment area for the 1997 8-hour ozone 
NAAQS (see 69 FR 23857, April 30, 2004) and the 2008 8-hour ozone 
NAAQS (see 77 FR 30160, May 21, 2012). This proposed action relates 
primarily to the MVEB established for Knox County for the 1-hour 
ozone NAAQS, and does not relate to the MVEB approved for 1997 8-
hour ozone NAAQS for the Knoxville Area, nor does it relate to any 
pending MVEB that may be contemplated for the Knoxville Area for the 
2008 8-hour ozone NAAQS.
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    A subsequent revision to the Knox County Area maintenance plan was 
approved by EPA on August 5, 1997, that established MVEB for 
transportation conformity purposes. That plan satisfied the CAA 
requirement for a 10-year update of the Knox County 1-hour ozone 
maintenance plan. Changes included revisions to the emissions inventory 
for both on-road and off-road mobile sources using the latest at that 
time, EPA approved mobile emissions and NONROAD models. New emissions 
data for both the new base year (attainment year) and the projected 
years (2004 and 2014) were calculated. The plan updated the 2004 MVEB 
and provided for a new MVEB for the year 2014. EPA is now proposing to 
approve Tennessee's October 12, 2012, revision to the safety margin for 
the previously approved MVEB.

III. EPA's Analysis of Tennessee's SIP Revision

    As discussed above, on October 12, 2012, the State of Tennessee, 
through TDEC, submitted a SIP revision to revise the MVEB for Knox 
County in the Knox County 1-hour ozone maintenance plan to increase the 
safety margin as a result of new emissions model, VMT projection 
models, and other emission model input data. The MVEB (expressed in 
tons per day (tpd)) that are being updated through today's action were 
originally approved by EPA on September 27, 1993, updated on August 5, 
1997, and are outlined in the table below.

           Table 1--Original MVEB for Knox County for 2004 NOX
------------------------------------------------------------------------
 
------------------------------------------------------------------------
NOX...........................................    29.24 tpd    22.12 tpd
VOC...........................................    33.89 tpd    31.71 tpd
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    TDEC is currently allocating portions of the available safety 
margin \2\ to the MVEB to account for new emissions models, VMT 
projections models, as well as changes to future vehicle mix 
assumptions, that influence the emission estimations. TDEC has now 
decided to allocate a majority of the safety margin available to the 
MVEB. Specifically, 7.97 tpd of the available VOC safety margin (15.94) 
is allocated to the 2004 MVEB, and 11.61 tpd for the available 2014 
MVEB (23.22). Additionally, 2.79 tpd of the available NOX 
safety margin are allocated to the 2004 MVEB and 18.43 tpd for the 2014 
MVEB. The remaining safety margin for VOC for 2004 is 7.97 tpd and for 
2014 is 11.61 tpd. As a result, there will be no safety margin 
remaining for NOX for 2004 and 2014.
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    \2\ A safety margin is the difference between the attainment 
level of emissions from all source categories (i.e., point, area, 
and mobile) and the projected level of emissions from all source 
categories. The State may choose to allocate some of the safety 
margin to the MVEB, for transportation conformity purposes, so long 
as the total level of emissions from all source categories remains 
equal to or less than the attainment level of emissions.
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    The following tables provide the adjusted VOC and NOX 
emissions data, for the 2004 base attainment year inventories, as well 
as the projected VOC and NOX emissions inventory 2014.

                                             Table 2--Knox County Total Volatile Organic Compunds Emissions
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                                                                                                                                             Available
                  Year                         Area          Non-road        Biogenic         Mobile           Point           Total      saftey  margin
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1990....................................           28.82            9.81           32.43           40.84            8.06          119.96  ..............
1993....................................           29.25            9.96           32.43           32.35            8.64          112.63  ..............
2004....................................           30.90           10.52           32.43           21.27            8.90          104.02           15.94
2010....................................           31.84           10.84           32.43           13.93            9.76           98.80  ..............
2014....................................           32.48           11.06           32.43           19.51           10.26           96.74           23.22
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                                                  Table 3--Knox County Total Nitrogen Oxides Emissions
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                  Year                         Area          Non-Road        Biogenic         Mobile           Point           Total      Saftey  Margin
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1990....................................            3.66            9.77               0           37.62            8.96           60.01  ..............
1993....................................            3.72            9.92               0           34.85            9.54           58.03  ..............
2004....................................            3.92           10.48               0           31.10           11.73           57.23            2.79
2010....................................            4.04           10.79               0           19.99           12.53           47.35  ..............
2014....................................            4.13           11.01               0           13.27           13.17           41.58           18.43
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[[Page 74822]]


                      Table 4--Knox County NOX MVEB
                                  [tpd]
------------------------------------------------------------------------
                                                          2004     2014
------------------------------------------------------------------------
                              NOX Emissions
------------------------------------------------------------------------
Base Emissions........................................    57.23    41.48
Safety Margin Allocated to MVEB.......................     2.79    18.43
NOX Conformity MVEB...................................    36.68    50.14
------------------------------------------------------------------------


                      Table 5--Knox County VOC MVEB
                                  [tpd]
------------------------------------------------------------------------
                                                          2004     2014
------------------------------------------------------------------------
                              VOC Emissions
------------------------------------------------------------------------
Base Emissions........................................   104.02    96.74
Safety Margin Allocated to MVEB.......................     7.97    11.61
VOC Conformity MVEB...................................    37.21    33.73
------------------------------------------------------------------------

    Taking into consideration the portion of the safety margin applied 
to the MVEB, the resulting difference between the attainment level of 
emissions from all sources and the projected level of emissions from 
all sources in the maintenance area, the area still attains the NAAQS 
and meets the maintenance requirements. The new safety margins, are 
listed below in Table 6.

             Table 6--New Safety Margins for the Knox County
------------------------------------------------------------------------
                                                          VOC      NOX
                         Year                             tpd      tpd
------------------------------------------------------------------------
2004..................................................     7.97        0
2014..................................................    11.61        0
------------------------------------------------------------------------

    As shown in Tables 2 and 3 above, VOC and NOX total 
emissions in Knox County are projected to steadily decrease from 2004 
to the maintenance year of 2014. This VOC and NOX emission 
decrease demonstrates continued attainment/maintenance of the 1-hour 
ozone NAAQS for ten years from 2004 (the year the Area was effectively 
designated attainment for the 1-hour ozone NAAQS) as required by the 
CAA.
    The revised MVEB that Tennessee submitted for the Knox County Area 
were developed with projected mobile source emissions derived using the 
MOBILE6 motor vehicle emissions model. This model was the most current 
model available at the time Tennessee was performing its analysis. 
However, EPA has now issued an updated motor vehicle emissions model 
known as Motor Vehicle Emission Simulator or MOVES. In its announcement 
of this model, EPA established a two-year grace period for continued 
use of MOBILE6.2 in regional emissions analyses for transportation plan 
and transportation improvement programs (TIPs) conformity 
determinations (extending to March 2, 2012),\3\ after which states 
(other than California) must use MOVES in conformity determinations for 
TIPs. As stated above, MOBILE6.2 was the applicable mobile source 
emissions model that was available when the original SIP was submitted.
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    \3\ EPA previously extended the grace period to use MOVES for 
regional emissions analysis in conformity determinations to March 2, 
2013 (77 FR 11394).
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IV. Proposed Action

    EPA is proposing to approve Tennessee's October 12, 2012, SIP 
revision concerning the Knox County 1-hour ozone maintenance plan and 
increasing the safety margin allocated to MVEB to account for changes 
in the emissions model and VMT projection model. This action, if 
finalized, would result in higher NOX and VOC MVEB for 
transportation conformity purposes for Knox County, and would still be 
consistent with attainment for the 1-hour ozone NAAQS. EPA is proposing 
this action because it is consistent with the CAA and the 
transportation conformity requirements at 40 CFR 93.

V. Statutory and Executive order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements and Volatile organic compounds.

    Dated: December 7, 2012.
A. Stanley Meiburg,
Regional Administrator, Region 4.
[FR Doc. 2012-30358 Filed 12-17-12; 8:45 am]
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