[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22888-22893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0918; FRL-9962-89-OAR]
RIN 2060-AT44


Air Quality Designations for the 2012 Primary Annual Fine 
Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) for 
Areas in Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is establishing air 
quality designations in the United States (U.S.)

[[Page 22889]]

for the 2012 primary annual fine particle (PM2.5) National 
Ambient Air Quality Standard (NAAQS) for the remaining undesignated 
areas in the state of Tennessee. When the EPA designated the majority 
of areas in the country in December 2014, and March 2015, the EPA 
deferred initial area designations for several locations, including all 
of the state of Tennessee except three counties in the Chattanooga 
area, because the EPA could not determine using available data whether 
the areas were meeting or not meeting the NAAQS. However, we believed 
that forthcoming data in 2015 would allow the EPA to make that 
determination. Tennessee has now submitted complete, quality-assured, 
and certified air quality monitoring data for 2015 for the areas 
identified in this document, and based on these data, the EPA is 
designating these areas as unclassifiable/attainment for the 2012 
primary annual PM2.5 NAAQS.

DATES: This final rule is effective on June 19, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0918. All documents in the docket are 
listed in the https://www.regulations.gov index. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business 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 in https://www.regulations.gov or in 
hard copy at the EPA Docket Center, William Jefferson Clinton West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744 and the telephone number for the Air 
Docket is (202) 566-1742.
    In addition, the EPA has established a Web site for the rulemakings 
to initially designate areas for the 2012 primary annual 
PM2.5 NAAQS at: https://www3.epa.gov/pmdesignations/2012standards/index.htm. This Web site includes the EPA's final 
PM2.5 designations, as well as state and tribal initial 
recommendation letters, the EPA's modification letters, technical 
support documents, responses to comments and other related technical 
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Carla Oldham, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C539-04, 
Research Triangle Park, North Carolina 27711, telephone (919) 541-3347, 
email at [email protected]. The Region 4 contact is Madolyn Sanchez, 
U.S. EPA, Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960, telephone (404) 
562-9644, email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2012, the EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (78 FR 3086; January 15, 2013). In that 
action, the EPA strengthened the primary annual PM2.5 
standard from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 
[mu]g/m\3\, which is attained when the 3-year average of the annual 
arithmetic means does not exceed 12.0 [mu]g/m\3\. Section 107(d) of the 
Clean Air Act (CAA), 42 U.S.C. 7407(d), governs the process for initial 
area designations after the EPA establishes a new or revised NAAQS. 
Under CAA section 107(d), each governor is required to, and each tribal 
leader may, if they so choose, recommend air quality designations to 
the EPA by a date that cannot be later than 1 year after the 
promulgation of a new or revised NAAQS. The EPA considers these 
recommendations as part of its duty to promulgate the area designations 
and boundaries for the new or revised NAAQS. If, after careful 
consideration of these recommendations, the EPA believes that it is 
necessary to modify a state's recommendation and intends to promulgate 
a designation different from a state's recommendation, the EPA must 
notify the state at least 120 days prior to promulgating the final 
designation and the EPA must provide the state an opportunity to 
demonstrate why any proposed modification is inappropriate. These 
modifications may relate either to an area's designation or to its 
boundaries.
    On December 18, 2014, the Administrator of the EPA signed a final 
action promulgating initial designations for the 2012 primary 
PM2.5 NAAQS based on 2011-2013-air quality monitoring data 
for the majority of the U.S., including areas of Indian country (80 FR 
2206; January 15, 2015). In that action, the EPA also deferred initial 
area designations for several areas where available data, including air 
quality monitoring data, were insufficient to determine whether the 
areas met or did not meet the NAAQS, but where forthcoming data were 
likely to result in complete and valid air quality data sufficient to 
determine whether these areas meet the NAAQS. Accordingly, the EPA 
stated that it would use the additional time available as provided 
under section 107(d)(1)(B) of the CAA to assess relevant information 
and subsequently promulgate initial designations for the identified 
areas through a separate rulemaking action or actions. The deferred 
areas included the entire state of Tennessee, except three counties in 
the Chattanooga area; several areas in the state of Georgia, including 
two neighboring counties in the bordering states of Alabama and South 
Carolina; the entire state of Florida; and areas of Indian country 
located in these areas.
    In separate actions published on April 15, 2015 (80 FR 18535), and 
September 6, 2016 (81 FR 61136), the EPA completed designations of 
unclassifiable/attainment for all remaining deferred areas in the state 
of Georgia (including two neighboring counties in the bordering states 
of Alabama and South Carolina) and 62 counties in the state of Florida, 
including areas of Indian country located in those areas.

II. Purpose and Designation Decisions Based on 2013-2015 Data

    The purpose of this action is to announce and promulgate initial 
area designations of unclassifiable/attainment for the 2012 
PM2.5 NAAQS for the remaining 92 counties in the state of 
Tennessee.\1\ All of the areas at issue in this action were initially 
deferred in the EPA's January 15, 2015, rulemaking.\2\ Since then, the 
state of Tennessee submitted to the EPA complete, quality-assured, and 
certified air quality monitoring data from 2013-2015 for these deferred 
areas. These data provide the EPA with sufficient information to 
promulgate initial designations for the remaining undesignated areas in 
the state of Tennessee in this action. Air quality data collected and 
submitted to the EPA

[[Page 22890]]

for 2013-2015 for these areas indicate that the areas are attaining the 
2012 PM2.5 NAAQS and are not causing or contributing to a 
violation of the NAAQS in a nearby area. Therefore, the EPA is 
designating the remaining 92 undesignated counties in the state of 
Tennessee as unclassifiable/attainment. This designation is consistent 
with Tennessee's recommended area designations and boundaries for these 
areas for the 2012 PM2.5 standard. The table at the end of 
this final rule (amendments to 40 CFR 81.343--Tennessee) lists all 
areas for which the EPA has promulgated an initial designation in 
Tennessee. There are no areas of Indian country covered by this action.
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    \1\ The 3 previously designated unclassifiable/attainment 
counties in the Chattanooga area are Hamilton County, Marion County 
and Sequatchie County.
    \2\ See also the technical support document for the deferred 
Tennessee areas in the rulemaking docket, document numbered EPA-HQ-
OAR-2012-0918-0325.
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III. Environmental Justice Considerations

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. The EPA provided a meaningful 
opportunity for members of the public to participate in the development 
of the 2012 primary annual PM2.5 standard that underlies the 
present action, including conducting an outreach and information call 
with environmental justice organizations on August 9, 2012.
    As part of the process of reviewing the PM air quality criteria and 
revising the primary annual PM2.5 standard, the EPA 
identified persons from lower socioeconomic strata as an at-risk 
population for PM-related health effects. As a result, the EPA 
carefully evaluated the potential impacts on low-income and minority 
populations. Based on this evaluation and consideration of public 
comments, the EPA eliminated spatial averaging provisions as part of 
the form of the primary annual PM2.5 standard in order to 
avoid potential disproportionate impacts on at-risk populations, 
including populations from lower socioeconomics strata. See 78 FR at 
3267 (January 15, 2013).
    This final action addresses designation determinations for certain 
areas in Tennessee based on that 2012 primary annual PM2.5 
standard. The CAA requires the EPA to determine through a designation 
process whether an area meets or does not meet any new or revised 
national primary or secondary ambient air quality standard. The 
promulgation of area designations facilitates public understanding and 
awareness of the air quality in an area. For this action, the complete 
and valid monitoring data from Tennessee indicate that all affected 
areas are meeting the NAAQS. Furthermore, no area affected by this 
action is contributing to a NAAQS violation in a nearby area.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget because it responds to the CAA requirement to promulgate air 
quality designations after promulgation of a new or revised NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action fulfills the non-discretionary duty for the EPA to 
promulgate air quality designations after promulgation of a new or 
revised NAAQS and does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    This designation action under CAA section 107(d) is not subject to 
the RFA. The RFA applies only to rules subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act (APA), 5 
U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA 
explicitly provides that designations are exempt from the notice and 
comment provisions of the APA. In addition, designations under section 
107(d) are not among the list of actions that are subject to the notice 
and comment procedures of CAA section 307(d).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in the CAA for the 2012 PM2.5 NAAQS (40 
CFR 50.18). The CAA establishes the process whereby states take primary 
responsibility for developing plans, where required, to meet the 2012 
PM2.5 NAAQS.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
a 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Government

    This action does not have tribal implications. It will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Areas of Indian country are 
not being designated as part of this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this determination is contained in Section III of 
this preamble, ``Environmental Justice Considerations.''

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

L. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final

[[Page 22891]]

actions by the EPA. This section provides, in part, that petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit: (i) When the agency action consists of ``nationally 
applicable regulations promulgated, or final actions taken by the 
Administrator,'' or (ii) when such action is locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    This final action, in conjunction with the previous final actions 
designating areas across the U.S. for the 2012 annual PM2.5 
NAAQS, is ``nationally applicable'' within the meaning of section 
307(b)(1). At the core of this final action is the EPA's 
interpretations of the definitions of nonattainment, attainment and 
unclassifiable under section 107(d)(1) of the CAA, and its application 
of those interpretations to areas across the country. For the same 
reasons, the Administrator is also determining that the final 
designations are of nationwide scope and effect for the purposes of 
section 307(b)(1). This is particularly appropriate because, in the 
report on the 1977 Amendments that revised section 307(b)(1) of the 
CAA, Congress noted that the Administrator's determination that an 
action is of ``nationwide scope or effect'' would be appropriate for 
any action that has a scope or effect beyond a single judicial circuit. 
H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-
03. Here, the scope and effect of this final action extends to numerous 
judicial circuits since the designations relate to the designations for 
areas across the country. In these circumstances, section 307(b)(1) and 
its legislative history calls for the Administrator to find the action 
to be of ``nationwide scope or effect'' and for venue to be in the D.C. 
Circuit.
    Thus, any petitions for review of final designations must be filed 
in the Court of Appeals for the District of Columbia Circuit within 60 
days from the date final action is published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 10, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.343 is amended by revising the table entitled 
``Tennessee--2012 Annual PM2.5 NAAQS [Primary]'' to read as 
follows:


Sec.  81.343  Tennessee.

* * * * *

                                       Tennessee--2012 Annual PM2.5 NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                            Designation                             Classification
     Designated area \1\      ----------------------------------------------------------------------------------
                                     Date \2\              Type             Date \2\                Type
----------------------------------------------------------------------------------------------------------------
Statewide:
    Anderson County..........  ....................  Unclassifiable/
                                                      Attainment.
    Bedford County...........  ....................  Unclassifiable/
                                                      Attainment.
    Benton County............  ....................  Unclassifiable/
                                                      Attainment.
    Bledsoe County...........  ....................  Unclassifiable/
                                                      Attainment.
    Blount County............  ....................  Unclassifiable/
                                                      Attainment.
    Bradley County...........  ....................  Unclassifiable/
                                                      Attainment.
    Campbell County..........  ....................  Unclassifiable/
                                                      Attainment.
    Cannon County............  ....................  Unclassifiable/
                                                      Attainment.
    Carroll County...........  ....................  Unclassifiable/
                                                      Attainment.
    Carter County............  ....................  Unclassifiable/
                                                      Attainment.
    Cheatham County..........  ....................  Unclassifiable/
                                                      Attainment.
    Chester County...........  ....................  Unclassifiable/
                                                      Attainment.
    Claiborne County.........  ....................  Unclassifiable/
                                                      Attainment.
    Clay County..............  ....................  Unclassifiable/
                                                      Attainment.
    Cocke County.............  ....................  Unclassifiable/
                                                      Attainment.
    Coffee County............  ....................  Unclassifiable/
                                                      Attainment.
    Crockett County..........  ....................  Unclassifiable/
                                                      Attainment.
    Cumberland County........  ....................  Unclassifiable/
                                                      Attainment.
    Davidson County..........  ....................  Unclassifiable/
                                                      Attainment.
    Decatur County...........  ....................  Unclassifiable/
                                                      Attainment.
    DeKalb County............  ....................  Unclassifiable/
                                                      Attainment.
    Dickson County...........  ....................  Unclassifiable/
                                                      Attainment.
    Dyer County..............  ....................  Unclassifiable/
                                                      Attainment.
    Fayette County...........  ....................  Unclassifiable/
                                                      Attainment.
    Fentress County..........  ....................  Unclassifiable/
                                                      Attainment.
    Franklin County..........  ....................  Unclassifiable/
                                                      Attainment.
    Gibson County............  ....................  Unclassifiable/
                                                      Attainment.
    Giles County.............  ....................  Unclassifiable/
                                                      Attainment.
    Grainger County..........  ....................  Unclassifiable/
                                                      Attainment.
    Greene County............  ....................  Unclassifiable/
                                                      Attainment.
    Grundy County............  ....................  Unclassifiable/
                                                      Attainment.
    Hamblen County...........  ....................  Unclassifiable/
                                                      Attainment.
    Hamilton County..........  April 15, 2015......  Unclassifiable/
                                                      Attainment.
    Hancock County...........  ....................  Unclassifiable/
                                                      Attainment.

[[Page 22892]]

 
    Hardeman County..........  ....................  Unclassifiable/
                                                      Attainment.
    Hardin County............  ....................  Unclassifiable/
                                                      Attainment.
    Hawkins County...........  ....................  Unclassifiable/
                                                      Attainment.
    Haywood County...........  ....................  Unclassifiable/
                                                      Attainment.
    Henderson County.........  ....................  Unclassifiable/
                                                      Attainment.
    Henry County.............  ....................  Unclassifiable/
                                                      Attainment.
    Hickman County...........  ....................  Unclassifiable/
                                                      Attainment.
    Houston County...........  ....................  Unclassifiable/
                                                      Attainment.
    Humphreys County.........  ....................  Unclassifiable/
                                                      Attainment.
    Jackson County...........  ....................  Unclassifiable/
                                                      Attainment.
    Jefferson County.........  ....................  Unclassifiable/
                                                      Attainment.
    Johnson County...........  ....................  Unclassifiable/
                                                      Attainment.
    Knox County..............  ....................  Unclassifiable/
                                                      Attainment.
    Lake County..............  ....................  Unclassifiable/
                                                      Attainment.
    Lauderdale County........  ....................  Unclassifiable/
                                                      Attainment.
    Lawrence County..........  ....................  Unclassifiable/
                                                      Attainment.
    Lewis County.............  ....................  Unclassifiable/
                                                      Attainment.
    Lincoln County...........  ....................  Unclassifiable/
                                                      Attainment.
    Loudon County............  ....................  Unclassifiable/
                                                      Attainment.
    McMinn County............  ....................  Unclassifiable/
                                                      Attainment.
    McNairy County...........  ....................  Unclassifiable/
                                                      Attainment.
    Macon County.............  ....................  Unclassifiable/
                                                      Attainment.
    Madison County...........  ....................  Unclassifiable/
                                                      Attainment.
    Marion County............  April 15, 2015......  Unclassifiable/
                                                      Attainment.
    Marshall County..........  ....................  Unclassifiable/
                                                      Attainment.
    Maury County.............  ....................  Unclassifiable/
                                                      Attainment.
    Meigs County.............  ....................  Unclassifiable/
                                                      Attainment.
    Monroe County............  ....................  Unclassifiable/
                                                      Attainment.
    Montgomery County........  ....................  Unclassifiable/
                                                      Attainment.
    Moore County.............  ....................  Unclassifiable/
                                                      Attainment.
    Morgan County............  ....................  Unclassifiable/
                                                      Attainment.
    Obion County.............  ....................  Unclassifiable/
                                                      Attainment.
    Overton County...........  ....................  Unclassifiable/
                                                      Attainment.
    Perry County.............  ....................  Unclassifiable/
                                                      Attainment.
    Pickett County...........  ....................  Unclassifiable/
                                                      Attainment.
    Polk County..............  ....................  Unclassifiable/
                                                      Attainment.
    Putnam County............  ....................  Unclassifiable/
                                                      Attainment.
    Rhea County..............  ....................  Unclassifiable/
                                                      Attainment.
    Roane County.............  ....................  Unclassifiable/
                                                      Attainment.
    Robertson County.........  ....................  Unclassifiable/
                                                      Attainment.
    Rutherford County........  ....................  Unclassifiable/
                                                      Attainment.
    Scott County.............  ....................  Unclassifiable/
                                                      Attainment.
    Sequatchie County........  April 15, 2015......  Unclassifiable/
                                                      Attainment.
    Sevier County............  ....................  Unclassifiable/
                                                      Attainment.
    Shelby County............  ....................  Unclassifiable/
                                                      Attainment.
    Smith County.............  ....................  Unclassifiable/
                                                      Attainment.
    Stewart County...........  ....................  Unclassifiable/
                                                      Attainment.
    Sullivan County..........  ....................  Unclassifiable/
                                                      Attainment.
    Sumner County............  ....................  Unclassifiable/
                                                      Attainment.
    Tipton County............  ....................  Unclassifiable/
                                                      Attainment.
    Trousdale County.........  ....................  Unclassifiable/
                                                      Attainment.
    Unicoi County............  ....................  Unclassifiable/
                                                      Attainment.
    Union County.............  ....................  Unclassifiable/
                                                      Attainment.
    Van Buren County.........  ....................  Unclassifiable/
                                                      Attainment.
    Warren County............  ....................  Unclassifiable/
                                                      Attainment.
    Washington County........  ....................  Unclassifiable/
                                                      Attainment.
    Wayne County.............  ....................  Unclassifiable/
                                                      Attainment.
    Weakley County...........  ....................  Unclassifiable/
                                                      Attainment.
    White County.............  ....................  Unclassifiable/
                                                      Attainment.
    Williamson County........  ....................  Unclassifiable/
                                                      Attainment.
    Wilson County............  ....................  Unclassifiable/
                                                      Attainment.
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, if any, except as otherwise specified.
\2\ This date is June 19, 2017, unless otherwise noted.


[[Page 22893]]

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[FR Doc. 2017-10245 Filed 5-18-17; 8:45 am]
 BILLING CODE 6560-50-P