[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33097-33100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13422]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0738; FRL-9911-97-Region-4]


Approval and Promulgation of Implementation Plans; State of 
Tennessee; Knoxville; Fine Particulate Matter 2008 Base Year Emissions 
Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the 2006 24-hour fine particulate matter 
(PM2.5) 2008 base year emissions inventory portion of the 
State Implementation Plan (SIP) revision submitted by the State of 
Tennessee through the Tennessee Department of Environment and 
Conservation (TDEC) on October 18, 2013. The emissions inventory is 
part of Tennessee's October 18, 2013, attainment demonstration SIP 
revision that was submitted to meet Clean Air Act (CAA or Act) 
requirements related to the Knoxville nonattainment area for the 2006 
24-hour PM2.5 national ambient air quality standards 
(NAAQS), hereinafter referred to as ``the Knoxville Area'' or ``Area.'' 
The Knoxville Area is comprised of Anderson, Blount, Knox, and Loudon 
Counties in their entireties and a portion of Roane County that 
includes the Tennessee Valley Authority's Kingston Fossil Plant.

DATES: This direct final rule is effective on August 11, 2014 without 
further notice, unless EPA receives relevant adverse comment by July 
10, 2014. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0738, 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-2013-0738,'' 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, 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's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0738. 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

[[Page 33098]]

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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, 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 number 
is (404) 562-9121. Mr. Majumder can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 17, 2006, (71 FR 61144), EPA established the 24-hour 
PM2.5 NAAQS at 35.0 micrograms per cubic meter. On November 
13, 2009 (74 FR 58688), EPA published its air quality designations and 
classifications for the 2006 24-hour PM2.5 NAAQS based upon 
air quality monitoring data for calendar years 2006-2008. These 
designations became effective on December 14, 2009. The Knoxville Area 
was designated nonattainment for the 2006 24-hour PM2.5 
NAAQS.
    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP revision under title I, part D 
of the CAA. This SIP revision must include, among other elements, a 
demonstration of how the NAAQS will be attained in the nonattainment 
area as expeditiously as practicable, but no later than the date 
required by the CAA. On June 6, 2012 (77 FR 33360), EPA proposed that 
the Knoxville Area had attained the 2006 24-hour PM2.5 
NAAQS. The proposed determination of attainment was based upon quality-
assured and certified ambient air monitoring data for the 2009-2011 
time period. EPA published the final determination of attainment on 
August 2, 2012 (77 FR 45954).\1\ In accordance with the final 
determination of attainment, the requirements for the Knoxville Area to 
submit an attainment demonstration and associated reasonably available 
control measures (RACM), a reasonable further progress (RFP) plan, 
contingency measures, and other SIP revisions related to attainment of 
the standard are suspended, so long as the Area continues to attain the 
2006 24-hour PM2.5 NAAQS.
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    \1\ EPA's August 2, 2012, final rulemaking also finalized the 
determination of attaining data for the 1997 annual PM2.5 
NAAQS for the Knoxville Area. EPA published approval of the 1997 
annual PM2.5 NAAQS base year emissions inventory for the 
Knoxville Area on August 21, 2012 (77 FR 50378).
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    The determination of attainment, however, does not suspend the 
emissions inventory requirement found in the CAA section 172(c)(3). On 
October 18, 2013, Tennessee submitted a 2008 base year emissions 
inventory for the 2006 PM2.5 24-hour NAAQS in the Knoxville 
Area.

II. Analysis of the State's Submittal

    As discussed above, section 172(c)(3) of the CAA requires 
nonattainment areas to submit a comprehensive, accurate, and current 
inventory of actual emissions from all sources of the relevant 
pollutant or pollutants in such areas. Tennessee selected 2008 as the 
base year for the emissions inventory per 40 CFR 51.1008(b) because, at 
the time that the State submitted its October 18, 2013, SIP revision, 
it was the most recent calendar year for which the State had developed 
a comprehensive emissions inventory to meet the federal National 
Emissions Inventory requirements. The emissions inventory contained in 
TDEC's SIP revision covers the general source categories of point 
sources, non-road mobile sources, area sources, and on-road mobile 
sources of direct and precursor emissions of PM2.5. The 
precursor emissions included in the Knoxville Area emissions inventory 
include ammonia (NH3), nitrogen oxides (NOX), 
sulfur dioxide (SO2), and volatile organic compounds (VOCs). 
A detailed discussion of the emissions inventory development can be 
found in Appendix A of the Tennessee submittal found in the docket of 
today's rulemaking. The table below provides a summary of the annual 
2008 emissions of NH3, NOX, VOCs, SO2, 
and direct PM2.5 included in the Tennessee submittal.

                                  2008 Annual Emissions for the Knoxville Area
                                                 [Tons per year]
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            County                   NOX          SO[ihel2]    PM[ihel2].[ihel5]        VOC          NH[ihel3]
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                                                  Point Sources
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Anderson.....................         9,561.1        30,338.3             444.0            227.8             1.2
Blount.......................           409.0         3,862.8             679.4          1,891.1  ..............
Knox.........................         1,988.7           466.1             144.8            551.2             0.1
Loudon.......................           910.4         2,329.6             368.8            875.3             2.6
Roane*.......................         7,927.2        50,616.2             842.0            152.1            18.8
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[[Page 33099]]

 
                                                Non-Road Sources
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Anderson.....................           866.2            24.8              52.5            786.4             0.6
Blount.......................           911.0            46.4              78.1          1,187.8             0.7
Knox.........................         2,252.7            43.1             212.6          2,444.7             2.7
Loudon.......................           510.1            18.1              40.8            809.6             0.5
Roane*.......................             6.5             0.2               0.4             10.4             0.0
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                                                  Area Sources
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Anderson.....................           735.3            64.8             522.4          1,331.9           102.9
Blount.......................           919.8         1,984.7             718.9          1,890.9           319.4
Knox.........................         1,027.4            42.4           1,285.0          3,887.9           303.9
Loudon.......................           413.5           361.3             344.7            686.6           281.8
Roane*.......................             4.6             0.2               2.8              6.7             1.1
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                                                 On-Road Sources
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Anderson.....................         2,353.5            41.9              87.7            886.7            36.7
Blount.......................         2,340.1            33.3              82.5          1,255.5            48.1
Knox.........................        13,178.5            67.4             408.1          6,178.3           234.7
Loudon.......................         2,979.1            62.3             121.7            784.0            34.9
Roane*.......................            30.7             0.6               1.2             10.8             0.4
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* Nonattainment portion of Roane County only.

    Tennessee developed the 2008 emissions inventory for the Knoxville 
Area by incorporating data from multiple sources. States were required 
to develop and submit to EPA a triennial emissions inventory according 
to the Consolidated Emissions Reporting Rule for all source categories 
(i.e., point, non-road mobile, area, and on-road mobile). This 
inventory often forms the basis of data that are updated with more 
recent information and data that also are used in the attainment 
demonstration modeling inventory. Such was the case in the development 
of the 2008 base-year emissions inventory that was submitted in TDEC's 
SIP revision for the Knoxville Area. The 2008 base-year emissions for 
the 2008 inventory included here were developed in a number of ways. 
Some of the information was developed at the local and state level. 
Some emissions data were developed by EPA as described in EPA's 2008 
National Emissions Inventory, Version 2, Technical Support Document, 
June 2012, Draft documentation. Some data sets are a hybrid of the 
two--where local inputs are provided to EPA to generate emissions. 
Tennessee's emissions inventory data were developed according to the 
most recent EPA emissions inventory guidance available at the time that 
Tennessee submitted the October 18, 2013, SIP revision.
    EPA has reviewed the 2008 base year emissions inventory for the 
Knoxville Area in Tennessee's October 18, 2013, SIP revision and 
determined that the process used to develop this inventory was 
consistent with the CAA, implementing regulations, and EPA guidance for 
emissions inventories. EPA has therefore determined that this emissions 
inventory is adequate for the purposes of meeting the emissions 
inventory requirement in section 172(c)(3).

III. Final Action

    EPA is taking direct final action to approve the 2008 base year 
emissions inventory portion of the attainment demonstration SIP 
revision for the Knoxville Area submitted by the State of Tennessee on 
October 18, 2013. EPA determined that this action is consistent with 
section 110 and 172(c)(3) of the CAA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial revision and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comment be filed. This rule will be effective on 
August 11, 2014 without further notice unless the Agency receives 
relevant adverse comment by July 10, 2014. If EPA receives such 
comments, EPA will publish a document withdrawing the final rule and 
informing the public that the rule will not take effect. EPA will 
address all relevant adverse comment received during the comment period 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so by July 10, 2014. If no such 
comments are received, this rule will be effective on August 11, 2014 
and no further action will be taken on the proposed rule.

IV. 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 
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 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

[[Page 33100]]

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 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.
    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 August 11, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: May 22, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry for ``Knoxville; 
2006 24-hour Fine Particulate Matter 2008 Base Year Emissions 
Inventory'' at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                        Applicable
    Name of non-regulatory SIP        geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
Knoxville; 2006 24-hour Fine       Anderson, Blount,         10/9/2013  6/10/2014 [Insert
 Particulate Matter 2008 Base       Knox, and Loudon                     citation of
 Year Emissions Inventory.          Counties, and the                    publication].
                                    portion of Roane
                                    County that falls
                                    within the census
                                    block that
                                    includes the
                                    Tennessee Valley
                                    Authority's
                                    Kingston Fossil
                                    Plant.
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[FR Doc. 2014-13422 Filed 6-9-14; 8:45 am]
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