[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35037-35041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12136]



[[Page 35037]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0619; FRL-10010-22-Region 4]


Air Plan Approval; TN; Removal of the Vehicle I/M Program, 
Hamilton County, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), through a letter dated February 26, 2020. 
Specifically, EPA is proposing to approve the removal of Tennessee's 
inspection and maintenance (I/M) program requirements for Hamilton 
County from the federally approved SIP. EPA is proposing to approve the 
removal of the I/M program requirements for Hamilton County from the 
federally approved SIP because removing the requirements is consistent 
with the Clean Air Act (CAA or Act) and applicable regulations.

DATES: Comments must be received on or before July 8, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0619 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 18, 1997 (62 FR 38856), EPA promulgated a revised 8-hour 
ozone standard of 0.08 parts per million (ppm). In December 2002, 
Hamilton and Meigs counties in Tennessee and Catoosa county in Georgia 
(also known as the Chattanooga Ozone Area) entered into EPA's Early 
Action Compact (EAC) program.\1\ See 70 FR 50199 (August 26, 2005). As 
part of the EAC as a control strategy to meet the 1997 8-hour ozone 
national ambient air quality standard (NAAQS or standard), Tennessee 
added Hamilton County to the State's I/M rules at Chapter 29 of the 
Tennessee Air Pollution Control Regulations (TAPCR 1200-03-29) to 
require all light-duty motor vehicles registered in Hamilton County to 
be inspected annually for compliance with emissions performance and 
anti-tampering test criteria.\2\ See id. The I/M program in Hamilton 
County began in April 2005. The Chattanooga Ozone Area met the EAC 
requirements by December 31, 2007, demonstrating attainment of the 1997 
8-hour ozone NAAQS. As a result of meeting the EAC agreement, on April 
2, 2008, EPA designated the Chattanooga Ozone Area as attainment for 
the 1997 8-hour ozone NAAQS. See 73 FR 17897. The ozone NAAQS was 
revised in 2008 to a value of 0.075 ppm and again in 2015 to 0.070 ppm. 
See 73 FR 16483 (March 27, 2008) and 80 FR 65292 (October 26, 2015). 
Hamilton County was designated as unclassifiable/attainment and 
attainment/unclassifiable for the 2008 and 2015 ozone NAAQS, 
respectively. See 40 CFR 81.343. Hamilton County is currently in 
attainment with all ozone NAAQS. See id.
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    \1\ In December 2002, several states submitted early action 
compact agreements pledging to meet the 1997 8-hour ozone standard 
earlier than required. The states had to meet certain criteria and 
milestones. The most significant milestone was that the EAC areas 
had to attain the 1997 8-hour ozone standard by December 31, 2007.
    \2\ The I/M program in Hamilton County was not required by the 
CAA because the Act only requires I/M programs in ozone 
nonattainment areas classified as moderate, serious, severe, or 
extreme.
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    On July 18, 1997, EPA set the 24-hour fine particulate matter 
(PM2.5) NAAQS at 65 micrograms per cubic meter ([micro]g/
m\3\) and the annual PM2.5 NAAQS at 15 [micro]g/m\3\. See 62 
FR 38652 (July 18, 1997). On January 5, 2005, EPA designated Hamilton 
County in Tennessee, Catoosa and Walker counties in Georgia, and a 
portion of Jackson County in Alabama (also known as the Chattanooga 
PM2.5 Area) as nonattainment for the 1997 annual 
PM2.5 NAAQS. See 70 FR 944 (January 5, 2005). On October 15, 
2009, Tennessee submitted a PM2.5 attainment SIP and 
identified the I/M program, which had already been implemented to 
comply with the ozone NAAQS, as a control measure for the on-road 
mobile sector. See 80 FR 56418 (September 18, 2015) and 80 FR 68253 
(November 4, 2015). It was determined that no additional emission 
reductions were necessary for on-road mobile sources beyond the fully 
implemented (existing) I/M program because the Chattanooga 
PM2.5 Area was modeled to attain the NAAQS with the current 
regulatory scheme in 2009. See id. On November 4, 2015, Hamilton County 
was redesignated to attainment for the 1997 annual PM2.5 
NAAQS. See 80 FR 68253. On August 24, 2016, EPA took final action to 
revoke the 1997 PM2.5 NAAQS for areas designated attainment 
or in maintenance for the standard. See 81 FR 58010.
    On May 15, 2018, a Tennessee law which states that ``no inspection 
and maintenance program shall be employed in this state on or after the 
effective date of this act'' was signed. See Tenn. Code Ann. Sec.  68-
201-119. The Tennessee law states that it ``shall take effect [120] 
calendar days following the date on which the [EPA] approves a revised 
state implementation plan. . . .'' See Motor Vehicles--Inspection and 
Inspectors--Air Pollution, 2018 Tennessee Laws Pub. Ch. 953 (H.B. 
1782). Accordingly, Tennessee submitted the February 26, 2020, SIP 
revision requesting that EPA remove the requirements to implement an I/
M program for Hamilton County. A description of the SIP revision and 
EPA's analysis is provided in Section II below.

II. What is EPA's analysis of Tennessee's submittal?

    Through a letter dated February 26, 2020,\3\ Tennessee requested 
that TAPCR 1200-03-29 be removed from the Tennessee SIP. In addition, 
Tennessee requested that EPA remove the requirement for Hamilton County 
to implement an I/M program as part of the EAC that was approved by EPA 
into the non-regulatory portion of the Tennessee SIP on August 26, 
2005. See 70 FR

[[Page 35038]]

50199. Tennessee also provided a noninterference demonstration to 
support the removal of the requirements for the I/M program in Hamilton 
County.
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    \3\ EPA received Tennessee's SIP revision on February 27, 2020.
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    As discussed in Section I above, Hamilton County implemented the I/
M program requirements as a control strategy in the EAC to meet the 
1997 8-hour ozone NAAQS. Currently, Hamilton County is designated 
attainment, unclassifiable/attainment, or attainment/unclassifiable for 
all ozone and PM2.5 NAAQS. See 40 CFR 81.343.
    EPA is proposing to approve the removal of the I/M requirements for 
Hamilton County from the Tennessee SIP, including Chapter 29 of the 
Tennessee Air Pollution Control Regulations (TAPCR 1200-03-29).\4\ EPA 
is also proposing to find that the removal of the I/M program 
requirements for Hamilton County is consistent with CAA section 110(l). 
Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirements concerning attainment, 
reasonable further progress (as defined in section 171), or any other 
applicable requirements of the CAA. EPA evaluates section 110(l) non-
interference demonstrations on a case-by-case basis considering the 
circumstances of each SIP revision. EPA interprets section 110(l) as 
applying to all NAAQS that are in effect. For I/M SIP revisions, the 
most relevant pollutants to consider are ozone precursors (i.e., 
nitrogen oxides (NOX) and volatile organic compounds 
(VOCs)).
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    \4\ EPA cannot propose to remove TAPCR 1200-03-29 from the SIP 
in its entirety at this time because this regulation also applies to 
Rutherford, Sumner, Williamson, and Wilson Counties. Therefore, EPA 
is proposing to remove Hamilton County from TAPCR 1200-03-29.
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    As mentioned above, Tennessee's February 26, 2020, SIP revision 
included a non-interference demonstration to support the State's 
request to remove the SIP-approved I/M program requirements for 
Hamilton County. Tennessee's non-interference demonstration evaluates 
the impact that the removal of the I/M program for Hamilton County 
would have on the ability to attain and maintain any of the NAAQS. 
Based on the analysis below, EPA is proposing to find that removal of 
the I/M program requirements for Hamilton County meets the requirements 
of CAA section 110(l) because it would not interfere with attainment or 
maintenance of any NAAQS or any other requirement of the 
CAA.5 6 7
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    \5\ The initial designations for the PM10 NAAQS were 
completed on March 15, 1991. See 56 FR 11101. The entire state of 
Tennessee was designated as attainment for PM10 and has 
been attainment for every PM10 standard thereafter. The 
pollution control systems for light-duty gasoline vehicles subject 
to the I/M program are not designed to reduce emissions of 
PM10; therefore, removing the I/M program requirements 
will not have any impact on ambient concentrations of 
PM10. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not 
interfere with continued attainment or maintenance of the 
PM10 NAAQS.
    \6\ On June 22, 2010, EPA revised the 1-hour SO2 
NAAQS to 75 ppb which became effective on August 23, 2010. See 75 FR 
35520. On January 9, 2018, EPA designated most of the state of 
Tennessee, including Hamilton County, as attainment/unclassifiable 
for the 2010 SO2 NAAQS. See 83 FR 1098. EPA has 
designated Sullivan County, Tennessee nonattainment and Sumner 
County as unclassifiable for the 2010 1-hour SO2 NAAQS. 
See 78 FR 47191 (August 5, 2013), and 81 FR 45039 (July 12, 2016). 
The pollution control systems for light-duty gasoline vehicles 
subject to the I/M program are not designed to reduce emissions for 
SO2; therefore, removing the I/M program requirements 
will not have any impact on ambient concentrations of 
SO2. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not 
interfere with continued attainment or maintenance of the 
SO2 NAAQS.
    \7\ On November 12, 2008, EPA promulgated a revised lead NAAQS 
of 0.15 [micro]g/m\3\. See 73 FR 66964. On November 22, 2011, EPA 
designated a majority of the State of Tennessee, including Hamilton 
County as unclassifiable/attainment for the 2008 lead NAAQS. The 
Bristol Area in Sullivan County was designated as nonattainment; and 
the Knox County Area was later designated as unclassifiable. See 76 
FR 72907; see also 75 FR 71033 (November 22, 2011). Subsequently, 
the Bristol Area was redesignated to attainment. See 81 FR 44210 
(July 7, 2016). Effective January 1, 1996, EPA banned the sale of 
leaded fuel for use in on-road vehicles. The pollution control 
systems for light-duty gasoline vehicles subject to the I/M program 
are not designed to reduce emissions for lead; therefore, removal of 
the I/M program requirements would not cause an increase in 
emissions of lead. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not 
interfere with continued attainment or maintenance of the lead 
NAAQS.
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Non-Interference Analysis for the Ozone NAAQS

    As discussed in Section I above, on July 18, 1997 (62 FR 38856), 
EPA promulgated a revised 8-hour ozone standard of 0.08 ppm. 
Subsequently, on March 12, 2008, EPA revised both the primary and 
secondary NAAQS for ozone to a level of 0.075 ppm to provide increased 
protection of public health and the environment. See 73 FR 16436 (March 
27, 2008). The 2008 ozone NAAQS retain the same general form and 
averaging time as the 0.08 ppm NAAQS set in 1997 but are set at a more 
protective level. Under EPA's regulations at 40 CFR part 50, the 2008 
8-hour ozone NAAQS are attained when the 3-year average of the annual 
fourth highest daily maximum 8-hour average ambient air quality ozone 
concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. On 
October 26, 2015 (80 FR 65292), EPA published a final rule lowering the 
level of the 8-hour ozone NAAQS to 0.070 ppm or 70 parts per billion 
(ppb) and retaining the same form.
    Hamilton County is currently designated as attainment, 
unclassifiable/attainment, or attainment/unclassifiable for all ozone 
NAAQS.\8\ See 40 CFR 81.343. Ambient air quality monitoring for ozone 
is being conducted at two locations in the Chattanooga, TN-GA 
metropolitan statistical area (MSA).\9\ In the SIP submittal, the State 
provides recent 8-hour ozone design values in ppb (see Table 1). The 
values in Table 1 below indicate attainment of the 2015 8-hour NAAQS of 
70 ppb.
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    \8\ Visit https://gispub.epa.gov/air/trendsreport/2019/#home or 
https://www.epa.gov/outdoor-air-quality-data for air quality data 
including current status and trends for all NAAQS.
    \9\ The Chattanooga TN-GA MSA is comprised of Hamilton, Marion, 
and Sequatchie counties in Tennessee and Catoosa, Dade, and Walker 
counties in Georgia.

                                 Table 1--Hamilton County Monitor Design Values
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                                                              Ozone design value, ppb
            Site name            -------------------------------------------------------------------------------
                                     2013-2015       2014-2016       2015-2017       2016-2018       2017-2019
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Eastside Utility................              66              68              67              66              64
Soddy Daisy.....................              64              65              65              64              64
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    Tennessee's noninterference analysis includes modeling to calculate 
ozone precursor emissions, as well as a sensitivity analysis to 
demonstrate the impact of emissions increases on monitored ozone 
values. Tennessee's non-interference demonstration utilized EPA's 
MOVES2014 emission modeling system to estimate ozone precursor

[[Page 35039]]

emissions for mobile sources, both on-road and non-road. Tennessee 
chose 2022 as the future year for the State's non-interference 
demonstration because it is the year that Hamilton County anticipates 
that it will cease implementation of the I/M program due to the CAA's 
SIP processing timeframe and the language of Tenn. Code Ann. Sec.  68-
201-119. The point source emissions for Hamilton County were obtained 
from the 2014 version 2 National Emissions Inventory (NEI) and grown to 
the year 2022 using the appropriate EPA growth factors or using 
engineering judgment based on potential growth in demand. For non-point 
sources, the inventory was developed using EPA established 
methodologies published by EPA,\10\ as detailed in Appendix G of the 
February 26, 2020, SIP revision. Tennessee calculated projected 
emissions in the year 2022 by adding all four sectors (on-road, point, 
non-road, and non-point) together.
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    \10\ See 2017 NEI Final Plan: Revised July 2018, available at 
https://www.epa.gov/sites/production/files/2018-07/documents/2017_nei_plan_final_revised_jul2018.pdf.
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    Table 2 shows the total projected emissions in 2022 with the I/M 
program in Hamilton County. Table 3 shows the total projected emissions 
in 2022 without the I/M program in Hamilton County.\11\ By 2022, the 
emissions benefits resulting from Tennessee's I/M program for Hamilton 
County are predicted to be a 99.7 tons per year (tpy) reduction of 
NOX and a 146.23 tpy reduction of VOCs. See Table 4. On a 
percentage basis, removal of the I/M program in Hamilton County is 
expected to result in a 1.1 percent increase in total NOX 
emissions and a 1.5 percent increase in on-road VOCs.
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    \11\ Since the I/M program only impacts emissions in the on-road 
sector, the projected emissions in other sectors (point, non-road 
and non-point) are the same between the ``with the I/M program'' and 
the ``without the I/M program'' scenarios.

                      Table 2--Hamilton County Area
  [Total 2022 projected emissions of NOX and VOC (in tpy) with the I/M
                                program]
------------------------------------------------------------------------
                 Sector                         NOX             VOC
------------------------------------------------------------------------
On-road.................................           4,613           2,127
Point...................................           1,314             825
Non-road................................           2,220             935
Non-Point...............................           1,220           5,744
                                         -------------------------------
    Total...............................           9,367           9,632
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                      Table 3--Hamilton County Area
 [Total 2022 projected emissions of NOX and VOC (in tpy) without the I/M
                                program]
------------------------------------------------------------------------
                 Sector                         NOX             VOC
------------------------------------------------------------------------
On-road.................................           4,712           2,273
Point...................................           1,314             825
Non-road................................           2,220             935
Non-Point...............................           1,220           5,744
                                         -------------------------------
    Total...............................           9,467           9,778
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   Table 4--Summary of NOX and VOC Emissions Increases Associated With
            Removing the Hamilton County From the I/M Program
------------------------------------------------------------------------
                                           NOX Emissions
                                              in 2022      VOC Emissions
                                                              in 2022
------------------------------------------------------------------------
Total On-Road Emissions for Hamilton               4,613           2,127
 County in Current I/M Program (tpy)....
Total On-Road Emissions after Removing             4,712           2,273
 Hamilton County from I/M Program (tpy).
Total Emissions for Hamilton County in             9,367           9,632
 Current I/M Program (all sectors) (tpy)
Total Emissions after Removing Hamilton            9,467           9,778
 County from I/M Program (all sectors)
 (tpy)..................................
Emissions Increases (tpy)...............            99.7           146.2
Emissions Increases (% of On-Road                   2.2%            6.9%
 Emissions for Hamilton County).........
Emissions Increases (% of Total                     1.1%            1.5%
 Emissions for Hamilton County, all
 sectors)...............................
------------------------------------------------------------------------

    To further quantify the potential impact of removal of the I/M 
program, Tennessee completed a photochemical modeling sensitivity 
analysis. As shown in Table 5, the sensitivity analysis indicates that 
the largest increase in ozone concentration would be at the Eastside 
Utility monitor at 0.209 ppb.

[[Page 35040]]



 Table 5--Results of Sensitivity Analysis, Predicted Increases of Ozone
        Concentrations at Monitors in the Chattanooga Ozone Area
------------------------------------------------------------------------
                                                             Predicted
                                                          ozone increase
                                             2016-2018        due to
                Site name                  ozone design    combined NOX
                                           value  (ppb)       and VOC
                                                             increases
------------------------------------------------------------------------
Eastside Utility........................              66           0.209
Soddy Daisy.............................              64           0.148
------------------------------------------------------------------------

    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. EPA therefore proposes to find that 
removal of the SIP-approved I/M program requirements for Hamilton 
County would not interfere with any applicable requirement concerning 
attainment or maintenance of the ozone NAAQS.

Non-Interference Analysis for the PM2.5 NAAQS

    On July 16, 1997, EPA established an annual PM2.5 NAAQS 
of 15.0 [mu]g/m\3\, based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS 
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of 
24-hour concentrations. See 62 FR 38652 (July 18, 1997). On August 24, 
2016, EPA took final action to revoke the 1997 PM2.5 NAAQS 
for areas designated attainment or in maintenance. See 81 FR 58010.
    On September 21, 2006, EPA retained the 1997 annual 
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour 
PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year 
average of the 98th percentile of 24-hour concentrations. See 71 FR 
61144 (October 17, 2006). On December 14, 2012, EPA retained the 2006 
24-hour PM2.5 NAAQS of 35 [mu]g/m\3\ but revised the annual 
primary PM2.5 NAAQS to 12.0 [mu]g/m\3\, based again on a 3-
year average of annual mean PM2.5 concentrations. See 78 FR 
3086 (January 15, 2013).
    As discussed in Section I above, EPA published designations for the 
1997 annual PM2.5 NAAQS on January 5, 2005 (70 FR 944), and 
April 14, 2005 (70 FR 19844). On January 5, 2005, EPA designated the 
Chattanooga PM2.5 Area nonattainment for the 1997 annual 
PM2.5 NAAQS. See 70 FR 944. On November 4, 2015, Hamilton 
County was redesignated to attainment for the 1997 annual 
PM2.5 NAAQS, and EPA approved a maintenance plan and 
reasonably available control measure demonstration for the Chattanooga 
PM2.5 Area. See 80 FR 68253. The Chattanooga 
PM2.5 Area has continued to attain the 1997 annual 
PM2.5 NAAQS. On November 13, 2009, and on January 15, 2015, 
EPA published notices determining that the Hamilton County was 
designated unclassifiable/attainment for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS, 
respectively. See 74 FR 58688 and 80 FR 2206, respectively.
    In Tennessee's February 26, 2020, SIP revision, the State concluded 
that the removal of Hamilton County from Tennessee's SIP-approved I/M 
program would not interfere with attainment or maintenance of the 
PM2.5 NAAQS for the reasons outlined below. First, 
photochemical modeling using source apportionment analysis, performed 
in connection with the November 13, 2014, redesignation request and 
associated maintenance plan for the Chattanooga PM2.5 Area 
(also known as the Chattanooga PM2.5 Redesignation Request 
and Maintenance Plan) showed that the greatest contribution to ambient 
PM2.5 concentrations in the Chattanooga PM2.5 
Area is from secondary sulfates, which are formed from atmospheric 
reactions with sulfur dioxide (SO2), and that a very small 
portion of the total PM2.5 in the atmosphere is formed from 
NOX and VOCs.\12\ Second, when the 2022 projected 
NOX emissions in the I/M removal request are compared to the 
emissions inventory for 2022 within the Chattanooga PM2.5 
Redesignation Request and Maintenance Plan, the projections in the I/M 
removal request are 2,850 tons less. Third, the Chattanooga 
PM2.5 Redesignation Request and Maintenance Plan did not 
rely on the I/M program as a permanent and federally-enforceable 
measure to maintain compliance with the PM2.5 NAAQS, and the 
approved maintenance plan demonstrates maintenance through 2025 without 
the I/M program (i.e., projected on-road mobile emissions were modeled 
without the I/M program). Furthermore, the pollution control systems 
for light-duty gasoline vehicles subject to the I/M program are not 
designed to reduce emissions of direct PM2.5 and sulfate 
(i.e., the primary precursor for PM2.5 formation in the 
Southeast); therefore, removing counties from the program will not have 
any impact on ambient concentrations of PM2.5 NAAQS.
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    \12\ See document EPA-R04-OAR-2014-0904-0002 at regulations.gov.
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    In addition, Tennessee provided information regarding the monitored 
values of PM2.5 in the Chattanooga PM2.5 Area. 
Ambient air monitoring shows that the 2019 design value for the 24-hour 
PM2.5 NAAQS for the Chattanooga PM2.5 Area is 19 
[micro]g/m\3\, which is below the 24-hour NAAQS of 35 [micro]g/m\3\. 
The 2019 design value for the 2012 annual PM2.5 NAAQS for 
the Chattanooga PM2.5 Area is 8.8 [micro]g/m\3\, which is 
below the 2012 annual NAAQS of 12.0 [micro]g/m\3\.\13\ The small 
increases in NOX emissions of 1.1 percent and VOC emissions 
of 1.5 percent that are anticipated to result in 2022 from the removal 
of the I/M program in Hamilton County is expected to only cause a small 
increase (if any) in the PM2.5 design value for the 
Chattanooga PM2.5 Area.
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    \13\ The design value for the Chattanooga PM2.5 Area 
is at monitor 132950002 in Walker County, Georgia.
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    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. Therefore, EPA proposes to find that 
removal of the SIP-approved I/M program requirements for Hamilton 
County would not interfere with continued attainment or maintenance of 
the PM2.5 NAAQS.

Non-Interference Analysis for the 2010 Nitrogen Dioxide (NO2) NAAQS 
\14\
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    \14\ The annual standard of 53 ppb is based on the annual mean 
concentration. See 36 FR 8186 (April 30, 1971).
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    The 2010 1-hour NO2 standard is set at 100 ppb, based on 
the 3-year average of the 98th percentile of the yearly distribution of 
1-hour daily maximum concentrations. See 75 FR 6474 (February 9, 2010). 
On February 17, 2012, EPA designated all counties in Tennessee as 
unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 FR 
9532.
    Based on the technical analysis in Tennessee's February 26, 2020, 
SIP revision, the projected increase in total NOX emissions 
(of which NO2 is a component) in 2022 associated with the

[[Page 35041]]

removal of Hamilton County from the I/M program is 1.1 percent. All 
NO2 monitors in the State are measuring below the annual 
NO2 standard, and all near road monitors are measuring well 
below the 1-hour NO2 standard. There are no NO2 
monitors in the Chattanooga PM2.5 Area.
    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. Therefore, EPA proposes to find that 
removal of the SIP-approved I/M program requirements for Hamilton 
County would not interfere with continued attainment or maintenance of 
the NO2 NAAQS.

Non-Interference Analysis for the Carbon Monoxide (CO) NAAQS

    EPA promulgated the CO NAAQS in 1971 and has retained the standards 
since its last review of the standards in 2011. The primary NAAQS for 
CO consist of: (1) An 8-hour standard of 9 ppm, not to be exceeded more 
than once in a year (i.e., the second highest, non-overlapping 8-hour 
average concentration cannot exceed the standard); and (2) a 1-hour 
average of 35 ppm, not to be exceeded more than once in a year. 
Hamilton County has always been designated as unclassifiable/attainment 
for the CO NAAQS.
    In Tennessee's February 26, 2020, SIP revision, the State concluded 
that the removal of Hamilton County from the SIP-approved I/M program 
would not interfere with attainment or maintenance of the CO NAAQS. 
MOVES2014 mobile emissions modeling results show an increase in CO 
emissions of 6.9 percent in Hamilton County in 2022 as a result of 
removing the I/M program for Hamilton County. This increase is not 
expected to interfere with continued attainment of the CO NAAQS in 
Hamilton County. Design values for Tennessee for the 1-hour and 8-hour 
CO NAAQS in 2019 were 1.6 and 1.8, respectively, which are less than 20 
percent of the CO NAAQS for both the 1-hour and 8-hour standards.
    EPA has evaluated the State's analysis and preliminarily agrees 
with its findings and conclusions. For these reasons, EPA proposes to 
find that removal of the SIP-approved I/M program requirements for 
Hamilton County would not interfere with continued attainment or 
maintenance of the CO NAAQS.

III. Proposed Action

    EPA is proposing to approve the removal of the I/M requirements for 
Hamilton County from the Tennessee SIP. EPA is proposing to approve the 
removal of the I/M program requirements for Hamilton County from the 
federally approved SIP because removing the requirements is consistent 
with the CAA and applicable regulations.

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. See 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 they meet the criteria of the CAA. This proposed action merely 
proposes to approve 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12136 Filed 6-5-20; 8:45 am]
 BILLING CODE 6560-50-P