Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Knoxville 8-Hour Ozone Nonattainment Area to Attainment for Ozone, 62026-62040 [2010-25291]
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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
designated nonattainment for the 1997
8-hour ozone NAAQS which include
NSR requirements. Specific to this
rulemaking, the Phase II Rule made
changes to Federal regulations found at
40 CFR 51.165, 51.166 and 52.21, which
govern the nonattainment NSR and PSD
permitting programs.1 Specifically, the
Phase II Rule requirements include
among other changes, a provision
stating that NOX is an ozone precursor.
70 FR 71612, (page 71679) (November
29, 2005). In the Phase II Rule, EPA
stated as follows:
‘‘The EPA has recognized NOX as an ozone
precursor in several national rules because of
its contribution to ozone transport and the
ozone nonattainment problem. The EPA’s
recognition of NOX as an ozone precursor is
supported by scientific studies, which have
long recognized the role of NOX in ozone
formation and transport. Such formation and
transport is not limited to nonattainment
areas. Therefore, we believe NOX should be
treated consistently as an ozone precursor in
both our PSD and nonattainment NSR
regulations. For these reasons, we have
promulgated final regulations providing that
NOX is an ozone precursor in attainment
areas.’’
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In the Phase II Rule, EPA established
that states must submit SIPs
incorporating required changes
(including the addition of NOX as a
precursor for ozone) no later than June
15, 2007. See 70 FR 71612 (page 71683).
III. What is EPA’s analysis of
Mississippi’s SIP revision?
On November 28, 2007, the State of
Mississippi, through MDEQ, submitted
a revision to EPA for approval, which
revised the PSD program. This revision
incorporates by reference, EPA’s federal
regulations specified in the Ozone
Implementation NSR Update relating to
NOX as an ozone precursor. Specifically,
the revision is found in Mississippi’s
Air Quality Regulations, APC–S–5
‘‘Regulations for the Prevention of
Significant Deterioration.’’ The submittal
revised Mississippi’s PSD program to
include NOX as a precursor to ozone for
PSD permitting, consistent with changes
to the Federal regulations set forth in
the Ozone Implementation NSR Update.
Mississippi’s November 28, 2007 SIP
revision incorporates by reference the
federal PSD regulations (at 40 CFR
52.21) to include the Ozone
Implementation NSR Update rules and
additional subsequent revisions to the
1 These changes included amendments to major
source thresholds for sources in certain classes of
nonattainment areas, changes to offset ratios for
marginal, moderate, serious, severe, and extreme
ozone nonattainment areas, provisions addressing
offset requirements for facilities that shut down or
curtail operation, and a requirement stating that
NOX emissions are ozone precursors.
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federal program made through July 15,
2007. Currently, the State of Mississippi
is in attainment for all the NAAQS and
all major sources are subject to the PSD
permitting program in the Mississippi
SIP which incorporates by reference 40
CFR 52.21. Today’s action only relates
to the portion of Mississippi’s SIP
revision which incorporates by
reference the federal provisions related
to NOX as an ozone precursor.
The Mississippi NOX as an ozone
precursor PSD language was
incorporated by reference and is
identical to the Federal PSD
requirements. The SIP revision is
consistent with the CAA because it adds
NOX as a precursor to ozone and is
consistent with federal requirements.
Therefore, EPA has preliminarily
determined that the Mississippi PSD
provisions to include NOX as an ozone
precursor are approvable.
IV. Proposed Action
Pursuant to section 110 of the CAA,
EPA is proposing to approve the portion
of Mississippi’s SIP revision submitted
November 28, 2007, which incorporates
by reference NOX as an ozone precursor
for PSD purposes into the Mississippi
SIP. EPA is proposing to approve these
revisions because they are consistent
with the CAA and its implementing
regulations.
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
CAA 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
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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, Intergovernmental
relations, and Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 22, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010–25309 Filed 10–6–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2010–0666–201031; FRL–
9211–3]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Knoxville 8-Hour Ozone
Nonattainment Area to Attainment for
Ozone
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On July 14, 2010, the State of
Tennessee, through the Tennessee
SUMMARY:
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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
Department of Environment and
Conservation (TDEC), Air Pollution
Control Division, submitted a request to
redesignate the Knoxville 8-hour ozone
nonattainment area to attainment for the
1997 8-hour National Ambient Air
Quality Standards (NAAQS); and to
approve a State Implementation Plan
(SIP) revision containing a maintenance
plan for the Knoxville, Tennessee Area.
The Knoxville 1997 8-hour ozone
nonattainment area is comprised of
Anderson, Blount, Jefferson, Knox,
Loudon, and Sevier Counties in their
entireties, and the portion of Cocke
County that falls within the boundary of
the Great Smoky Mountains National
Park (hereafter referred to as the
‘‘Knoxville Area’’). In this action, EPA is
proposing to approve the July 14, 2010,
8-hour ozone redesignation request for
the Knoxville Area. Additionally, EPA
is proposing to approve the 1997 8-hour
ozone NAAQS maintenance plan for the
Knoxville Area, including the 2007
baseline emission inventory, and the
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOC) for
2024 for the Knoxville Area. This
proposed approval of Tennessee’s
redesignation request is based on EPA’s
determination that the Knoxville Area
has met the criteria for redesignation to
attainment specified in the Clean Air
Act (CAA), including the determination
that the Knoxville 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS. In this
action, EPA is also describing the status
of its transportation conformity
adequacy determination for the new
2024 MVEBs that are contained in the
1997 8-hour ozone NAAQS
maintenance plan for the Knoxville
Area. This action is being taken
pursuant to the CAA and its
implementing regulations.
DATES: Comments must be received on
or before November 8, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0666, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2010–0666,
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: Ms.
Lynorae Benjamin, Chief, Regulatory
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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–2010–
0666. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://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 https://
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62027
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: Jane
Spann or Royce Dansby-Sparks of the
Regulatory Development Section, in the
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann may be reached by phone at (404)
562–9029, or via electronic mail at
spann.jane@epa.gov. Mr. Dansby-Sparks
may be reached by phone at (404) 562–
9187, or via electronic mail at
dansby-sparks.royce@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What proposed actions is EPA taking?
II. What is the background for EPA’s
proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is the effect of EPA’s proposed
actions?
VI. What is EPA’s analysis of the request?
VII. What is EPA’s analysis of Tennessee’s
proposed NOX and VOC MVEBs for the
Knoxville area?
VIII. What is the status of EPA’s adequacy
determination for the proposed NOX and
VOC MVEBs for 2024 for the Knoxville
area?
IX. What is EPA’s analysis of the proposed
2007 base year emissions inventory for
the Knoxville Area?
X. Proposed Action on the Redesignation
Request and Maintenance Plan SIP
Revision Including Proposed Approval
of the 2024 NOX and VOC MVEBs for the
Knoxville Area
XI. Statutory and Executive Order Reviews
I. What proposed actions is EPA taking?
EPA is proposing several related
actions, which are summarized below
and described in greater detail
throughout this notice of rulemaking:
(1) To redesignate the Knoxville Area to
attainment for the 1997 8-hour ozone
NAAQS; (2) to approve under section
172(c)(3) the emissions inventory
submitted with the maintenance plan;
and (3) to approve, under section 175A
of the CAA, Knoxville’s 1997 8-hour
ozone NAAQS maintenance plan into
the Tennessee SIP, including the
associated MVEBs. In addition, and
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related to today’s actions, EPA is also
notifying the public of the status of
EPA’s adequacy determination for the
Knoxville Area MVEBs.
First, EPA is proposing to determine
that the Knoxville Area has attained the
1997 8-hour ozone NAAQS. EPA further
proposes to determine that, if EPA’s
proposed approval of the 2007 baseline
emissions inventory for the Knoxville
Area is finalized, the Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. The
Knoxville Area 1997 8-hour ozone area
is composed of Anderson, Blount,
Jefferson, Knox, Loudon, and Sevier
Counties in their entireties, and the
portion of Cocke County that falls
within the boundary of the Great Smoky
Mountains National Park. In this action,
EPA is now proposing to approve a
request to change the legal designation
of Anderson, Blount, Jefferson, Knox,
Loudon, and Sevier Counties in their
entireties, and the portion of Cocke
County that falls within the boundary of
the Great Smoky Mountains National
Park in the Knoxville Area from
nonattainment to attainment for the
1997 8-hour ozone NAAQS.
Second, EPA is proposing to approve
under the CAA, Tennessee’s 2007
inventory for the Knoxville Area (under
section 172(c)(3)). Tennessee selected
2007 as the attainment emissions
inventory year for the Knoxville Area.
This attainment inventory identifies the
level of emissions in the Area, which is
sufficient to attain the 1997 8-hour
ozone NAAQS.
Third, EPA is proposing to approve
Tennessee’s 1997 8-hour ozone NAAQS
maintenance plan for the Knoxville
Area (such approval being one of the
CAA criteria for redesignation to
attainment status). The maintenance
plan is designed to help keep the
Knoxville Area in attainment of the
1997 8-hour ozone NAAQS through
2024. Consistent with the CAA, the
maintenance plan that EPA is proposing
to approve today also includes 2024
NOX and VOC MVEBs. EPA is
proposing to approve (into the
Tennessee SIP) the 2024 MVEBs that are
included as part of Tennessee’s
maintenance plan for the 1997 8-hour
ozone NAAQS.
EPA is also notifying the public of the
status of EPA’s adequacy process for the
newly-established 2024 NOX and VOC
MVEBs for the Knoxville Area. The
Adequacy comment period for the
Knoxville Area 2024 MVEBs began on
June 15, 2010, with EPA’s posting of the
availability of this submittal on EPA’s
Adequacy Web site. (https://
www.epa.gov/otaq/stateresources/
transconf/currsips.htm). The Adequacy
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comment period for these MVEBs closed
on July 15, 2010. No adverse comments
were received during the Adequacy
public comment period. On September
15, 2010, EPA published its adequacy
notice for the 2024 MVEB’s for the
Knoxville Area (75 FR 55977). Please
see section VIII of this proposed
rulemaking for further explanation of
this process, and for more details on the
MVEBs determination.
Today’s notice of proposed
rulemaking is in response to
Tennessee’s July 14, 2010, SIP submittal
requesting the redesignation of the
Knoxville 1997 8-hour ozone area, and
includes a SIP revision addressing the
specific issues summarized above and
the necessary elements for redesignation
described in section 107(d)(3)(E) of the
CAA.
II. What is the background for EPA’s
proposed actions?
The CAA establishes a process for air
quality management through the
NAAQS. Ozone is a criteria pollutant for
which NAAQS are established. On July
18, 1997, EPA promulgated a revised 8hour ozone NAAQS of 0.08 parts per
million (ppm).1 These NAAQS are more
stringent than the previous 1-hour
ozone NAAQS. Under EPA regulations
found at 40 CFR part 50, the 1997 8hour ozone NAAQS are attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.08 ppm (i.e., 0.084 ppm when
rounding is considered). (See 69 FR
23857 (April 30, 2004) for further
information.) Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the percent of
days with valid ambient monitoring
data is greater than 90 percent, on
average, and no single year has less than
75 percent data completeness as
determined in Appendix I of part 50.
Specifically, section 2.3 of 40 CFR part
50, Appendix I, ‘‘Comparisons with the
Primary and Secondary Ozone
Standards’’ states:
The primary and secondary ozone ambient
air quality standards are met at an ambient
air quality monitoring site when the 3-year
average of the annual fourth-highest daily
maximum 8-hour average ozone
concentration is less than or equal to 0.08
ppm. The number of significant figures in the
1 Ground-level ozone is not emitted directly by
sources. Rather, emissions of NOX and VOC react
in the presence of sunlight to form ground-level
ozone. As a result, NOX and VOC are referred to as
precursors of ozone.
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level of the standard dictates the rounding
convention for comparing the computed 3year average annual fourth-highest daily
maximum 8-hour average ozone
concentration with the level of the standard.
The third decimal place of the computed
value is rounded, with values equal to or
greater than 5 rounding up. Thus, a
computed 3-year average ozone
concentration of 0.085 ppm is the smallest
value that is greater than 0.08 ppm.
The CAA required EPA to designate
as nonattainment any area that was
violating the 1997 8-hour ozone NAAQS
based on the three most recent years of
ambient air quality data. The Knoxville
Area was initially designated
nonattainment for the 1997 8-hour
ozone NAAQS using 2001–2003
ambient air quality data. The Federal
Register document making these
designations was published on April 30,
2004 (69 FR 23857).
The CAA contains two sets of
provisions—subpart 1 and subpart 2—
that address planning and control
requirements for ozone nonattainment
areas. (Both are found in title I, part D.)
Subpart 1 (which EPA refers to as
‘‘basic’’ nonattainment) contains general,
less prescriptive, requirements for
nonattainment areas for any pollutant—
including ozone—governed by a
NAAQS. Subpart 2 (which EPA refers to
as ‘‘classified’’ nonattainment) provides
more specific requirements for certain
ozone nonattainment areas. Under
EPA’s Phase I 1997 8-Hour Ozone
Implementation Rule (69 FR 23857)
(Phase I Rule), published April 30, 2004,
an area was classified under subpart 2
based on its 1997 8-hour ozone design
value (i.e., the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations), if it
had a 1-hour design value at or above
0.121 ppm (the lowest 1-hour design
value in Table 1 of subpart 2). All other
areas were covered under subpart 1,
based upon their 8-hour ambient air
quality design values.
Knox County (which is a part of the
Knoxville Area) was originally
designated as marginal nonattainment
for the 1-hour ozone NAAQS on
November 6, 1991 (56 FR 56694). Knox
County was redesignated as attainment
for the 1-hour ozone NAAQS on
September 27, 1993 (58 FR 50271). At
that same time, Anderson, Blount,
Cocke, Jefferson, Loudon and Sevier
Counties in their entireties were
designated attainment/unclassifiable for
the 1-hour ozone NAAQS. On April 30,
2004, EPA designated the Knoxville
Area (of which Knox County is a part)
as a ‘‘basic’’ (subpart 1) 8-hour ozone
nonattainment area (69 FR 23857, April
30, 2004). When Tennessee submitted
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its final redesignation request on July
14, 2010, the Knoxville Area was
classified under subpart 1 of the CAA,
and was obligated to meet only the
subpart 1 requirements.
EPA promulgated implementation
rules for the 1997 8-hour ozone NAAQS.
These rules were published in 2 phases.
The Phase I Implementation Rule (69 FR
23951, April 30, 2004) was published at
the same time as the ozone designations
and addresses such topics as
classifications, revocation of the 1-hour
NAAQS, anti-backsliding principles,
and timing for emission reductions. The
Phase II Rule was published November
29, 2005, (72 FR 31727) and addressed
remaining implementation issues not
covered by the Phase 1 Rule. Various
aspects of EPA’s Phase 1 Rule were
challenged in court. On December 22,
2006, the U.S. Court of Appeals for the
District of Columbia Circuit (DC Circuit
Court) vacated EPA’s Phase 1 Rule (69
FR 23951, April 30, 2004). South Coast
Air Quality Management Dist.
(SCAQMD) v. EPA, 472 F.3d 882 (DC
Cir. 2006). On June 8, 2007, in response
to several petitions for rehearing, the DC
Circuit Court clarified that the Phase I
Rule was vacated only with regard to
those parts of the Rule that had been
successfully challenged. Therefore, the
Phase I Rule provisions related to
classifications for areas currently
classified under subpart 2 of title I, part
D of the CAA as 1997 8-hour ozone
NAAQS nonattainment areas, the 1997
8-hour ozone NAAQS attainment dates
and the timing for emissions reductions
needed for attainment of the 1997 8hour ozone NAAQS remain effective.
The June 8th decision left intact the
court’s rejection of EPA’s reasons for
implementing the 1997 8-hour NAAQS
in certain nonattainment areas under
subpart 1 in lieu of subpart 2, i.e., the
court’s rejection of the subpart 1
classification. By limiting the vacatur,
the court let stand EPA’s revocation of
the 1-hour NAAQS and those antibacksliding provisions of the Phase I
Rule that had not been successfully
challenged. The June 8th decision
reaffirmed the December 22, 2006,
decision that EPA had improperly failed
to retain measures required for 1-hour
nonattainment areas under the antibacksliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for 1-hour severe or extreme
nonattainment areas; and (3) measures
to be implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
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reasonable further progress (RFP)
toward attainment of the 1-hour
NAAQS, or for failure to attain that
NAAQS. The June 8th decision clarified
that the court’s reference to conformity
requirements for anti-backsliding
purposes was limited to requiring the
continued use of 1-hour MVEBs until
1997 8-hour ozone NAAQS budgets
were available for 8-hour ozone
conformity determinations, which is
already required under EPA’s
conformity regulations. The court thus
clarified that 1-hour ozone conformity
determinations are not required for antibacksliding purposes.
This section sets forth EPA’s views on
the potential effect of the court’s rulings
on this proposed redesignation action.
For the reasons set forth below, EPA
does not believe that the court’s rulings
alter any requirements relevant to this
redesignation action so as to preclude
redesignation, nor does EPA believe the
court’s ruling prevents EPA from
proposing or ultimately finalizing this
redesignation. EPA believes that the
court’s December 22, 2006, and June 8,
2007, decisions impose no impediment
to moving forward with redesignation of
the Knoxville Area to attainment.
With respect to the 1997 8-hour ozone
NAAQS, the court’s ruling rejected
EPA’s reasons for classifying areas
under subpart 1 for the 1997 8-hour
ozone NAAQS, and remanded that
matter back to the Agency. In its January
16, 2009, proposed rulemaking in
response to the SCAQMD decision, EPA
has proposed to classify the Knoxville
Area under subpart 2 as a moderate area
(74 FR 2936). If EPA finalizes the
reclassification of the Knoxville Area
before the July 14, 2010, redesignation
request is approved, the requirements
under subpart 2 will become applicable
when they are due. EPA proposed a
deadline for submission of these
requirements of one year after the
effective date of the final rulemaking
classifying this and other areas (74 FR
2940–2941). However, EPA believes that
this does not preclude this
redesignation from being approved. This
belief is based upon: (1) EPA’s
longstanding policy of evaluating
requirements in accordance with the
requirements due at the time
redesignation request is submitted; and
(2) consideration of the inequity of
applying retroactively any requirements
that might in the future be applied.
First, at the time the redesignation
request was submitted, the Knoxville
Area was not classified under subpart 2,
nor were subpart 2 requirements yet due
for this Area. Under EPA’s longstanding
interpretation of section 107(d)(3)(E) of
the CAA, to qualify for redesignation,
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62029
states requesting redesignation to
attainment must meet only the relevant
SIP requirements that came due prior to
the submittal of a complete
redesignation request. September 4,
1992, Calcagni Memorandum
(‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division). See also the September 17,
1993, Michael Shapiro Memorandum
(’’State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or after
November 15, 1992,’’ Memorandum
from Michael Shapiro, Acting Assistant
Administrator for Air and Radiation),
and 60 FR 12459, 12465–66 (March 7,
1995) (Redesignation of Detroit-Ann
Arbor, Michigan); Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004) (upholding
this interpretation); 68 FR 25418, 25424,
25427 (May 12, 2003) (redesignation of
St. Louis, Missouri).
Moreover, it would be inequitable to
retroactively apply any new SIP
requirements that were not applicable at
the time the request was submitted. The
DC Circuit Court has recognized the
inequity in such retroactive rulemaking
(see Sierra Club v. Whitman 285 F. 3d
63 (DC Cir. 2002)), in which the court
upheld a district court’s ruling refusing
to make retroactive an EPA
determination of nonattainment that
was past the statutory due date. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The court
stated, ‘‘[a]lthough EPA failed to make
the nonattainment determination within
the statutory frame, Sierra Club’s
proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the states,
which would face fines and suits for not
implementing air pollution prevention
plans in 1997, even though they were
not on notice at the time.’’ Id. at 68.
Similarly here, it would be unfair to
penalize the Knoxville Area by applying
to it, for purposes of redesignation,
additional SIP requirements under
subpart 2 that were not in effect or yet
due at the time it submitted its
redesignation request, or the time that
the Knoxville Area attained the NAAQS.
With respect to the requirements
under the 1-hour ozone NAAQS, only
the Knox County portion of the
Knoxville Area was originally
designated as a marginal nonattainment
for the 1-hour ozone NAAQS in
November 6, 1991 (56 FR 56694); the
remainder of the Knoxville Area was
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designated as attainment. Knox County
was redesignated as attainment for the
1-hour ozone NAAQS on September 27,
1993 (58 FR 50271). Therefore, Knox
County was redesignated to attainment
of the 1-hour ozone NAAQS prior to its
nonattainment designation for the 1997
8-hour ozone NAAQS. As a result, Knox
County (as part of the Knoxville Area)
is considered to be a 1-hour attainment
area subject to a CAA section 175A
maintenance plan for the 1-hour ozone
NAAQS. The DC Circuit Court’s
decisions do not impact redesignation
requests for these types of areas, except
to the extent that the court, in its June
8th decision, clarified that for those
areas with 1-hour MVEBs in their
maintenance plans, anti-backsliding
requires that those 1-hour budgets must
be used for 8-hour conformity
determinations until they are replaced
by 1997 8-hour budgets. To meet this
requirement, conformity determinations
in such areas must comply with the
applicable requirements of EPA’s
conformity regulations at 40 CFR part
93.
First, there are no conformity
requirements relevant for evaluating the
Knoxville Area redesignation request,
such as a transportation conformity
SIP.2 It is EPA’s longstanding policy
that it is reasonable to interpret the
conformity SIP requirements as not
applying for purposes of evaluating a
redesignation request under section
107(d) because state conformity rules
are still required after redesignation and
Federal conformity rules apply where
state rules have not been approved. See
40 CFR 51.390; see also Wall v. EPA,
265 F.3d 426 (6th Cir. 2001) (upholding
EPA’s interpretation); 60 FR 62748 (Dec.
7, 1995) (redesignation of Tampa,
Florida). Tennessee currently has a fully
approved 1-hour ozone transportation
conformity SIP, which was approved on
May 16, 2003 (68 FR 26492).
Second, with regard to the three other
anti-backsliding provisions for the 1hour standard that the DC Circuit Court
found were not properly retained, Knox
County, Tennessee is an attainment area
subject to a maintenance plan for the 1hour standard, and the NSR requirement
no longer applies to this area because it
was redesignated to attainment of the 1hour standard. Because Knox County
was redesignated as a 1-hour attainment
area, the contingency measure (pursuant
to section 172(c)(9) or 182(c)(9)) and fee
2 CAA Section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the motor vehicle
emission budgets that are established in control
strategy SIPs and maintenance plans.
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provision requirements no longer apply
to the Knoxville Area. As a result, the
decisions in SCAQMD should not alter
any requirements that would preclude
EPA from finalizing the redesignation of
the Knoxville Area to attainment for the
1997 8-hour ozone NAAQS.
As was noted earlier, in 2009, the
ambient ozone data for the Knoxville
Area indicated no further violations of
the 1997 8-hour ozone NAAQS, using
data from the 3-year period of 2007–
2009 to demonstrate attainment. As a
result, on July 14, 2010, Tennessee
requested redesignation of the Knoxville
Area to attainment for the 1997 8-hour
ozone NAAQS. The redesignation
request included three years of
complete, quality-assured ambient air
quality data for the ozone seasons
(March 1st through October 31st) of
2007–2009, indicating that the 1997 8hour ozone NAAQS has been achieved
for the entire Knoxville Area. Under the
CAA, nonattainment areas may be
redesignated to attainment if sufficient,
complete, quality-assured data is
available for the Administrator to
determine that the area has attained the
standard and the area meets the other
CAA redesignation requirements in
section 107(d)(3)(E). The 1997 8-hour
ozone design values for the Knoxville
Area indicate that between 1999 and
2009, ozone concentrations declined
noticeably at both high and low
evaluations. While ozone concentrations
are dependent on a variety of
conditions, the likely reason for the
overall downtrend in ozone
concentrations in the Knoxville Area is
most likely due to the reduction of NOx
emissions that have occurred since
2004.
III. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation providing that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and, (5) the state containing such
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area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
On April 16, 1992, EPA provided
guidance on redesignation in the
General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498),
and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’
Memorandum from Bill Laxton,
Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from G.
T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
4. ‘‘Procedures for Processing Requests
to Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992 (hereafter
referred to as the ‘‘Calcagni
Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992;
6. ‘‘Technical Support Documents
(TSDs) for Redesignation of Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas
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Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. Why is EPA proposing these
actions?
On July 14, 2010, Tennessee, through
TDEC, requested redesignation of the
Knoxville Area to attainment for the
1997 8-hour ozone NAAQS. EPA’s
evaluation indicates that the Knoxville
Area has attained the 1997 8-hour ozone
NAAQS and has met the requirements
for redesignation set forth in section
107(d)(3)(E), including the maintenance
plan requirements under section 175A
of the CAA. EPA is also proposing to
approve the 2007 baseline emission
inventory under section 172(c)(3)
because Tennessee has used
methodology consistent with EPA
guidance and implementing regulations
to develop this inventory. EPA is also
announcing the status of its adequacy
determination of the 2024 NOX and
VOC MVEBs which are relevant to the
requested redesignation.
V. What is the effect of EPA’s proposed
actions?
EPA’s proposed actions establish the
basis upon which EPA may take final
action on the issues being proposed for
approval today. Approval of
Tennessee’s redesignation request
would change the legal designation of
the Anderson, Blount, Jefferson, Knox,
Loudon, and Sevier Counties in their
entireties, and the portion of Cocke
County that falls within the boundary of
the Great Smoky Mountains National
Park for the 1997 8-hour ozone NAAQS
found at 40 CFR part 81 from
nonattainment to attainment. Approval
of Tennessee’s request would also
incorporate into the Tennessee SIP, a
plan for maintaining the 1997 8-hour
ozone NAAQS in the Knoxville Area
through 2024. This maintenance plan
includes contingency measures to
remedy future violations of the 1997 8hour ozone NAAQS. The maintenance
plan also establishes NOX and VOC
MVEBs for the Knoxville Area. The NOX
and VOC MVEBs for 2024 for the
Knoxville Area are 36.32 tons per day
(tpd) and 25.19 tpd, respectively. Final
action would also approve the Area’s
emissions inventory under section
172(c)(3). Approval of Tennessee’s
maintenance plan would also result in
approval of the NOX and VOC MVEBs.
Additionally, EPA is notifying the
public of the status of its adequacy
determination for the 2024 NOX and
VOC MVEBs pursuant to 40 CFR
93.118(f)(1).
VI. What is EPA’s analysis of the
request?
EPA is proposing to make the
determination that the Knoxville 1997
8-hour ozone nonattainment area has
attained the 1997 8-hour ozone NAAQS,
and that all other redesignation criteria
have been met for the Knoxville Area.
The basis for EPA’s determination for
the Area is discussed in greater detail
below.
Criteria (1)—The Knoxville Area Has
Attained the 1997 8-Hour Ozone
NAAQS
EPA is proposing to determine that
the Knoxville Area has attained the
1997 8-hour ozone NAAQS. For ozone,
an area may be considered to be
attaining the 1997 8-hour ozone NAAQS
if it meets the 1997 8-hour ozone
standard, as determined in accordance
with 40 CFR 50.10 and Appendix I of
part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain these NAAQS, the 3-year average
of the fourth-highest daily maximum 8hour average ozone concentrations
measured at each monitor within an
area over each year must not exceed
0.08 ppm. Based on the data handling
and reporting convention described in
40 CFR part 50, appendix I, the NAAQS
are attained if the design value is 0.084
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the EPA Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
EPA reviewed ozone monitoring data
from ambient ozone monitoring stations
in the Knoxville Area for the ozone
season from 2007–2009. These data
have been quality-assured and are
recorded in AQS. The fourth-highest 8hour ozone average for 2007, 2008 and
2009, and the 3-year average of these
values (i.e., design values), are
summarized in the following Table 1 of
this proposed rulemaking.
TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE KNOXVILLE 8-HOUR OZONE AREA (ppm)
Eight-hour design values (ppm)
County
Site name
Monitor ID
2005–2007
Anderson ..........
Blount ................
Jefferson ...........
Knox ..................
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Loudon ..............
Sevier ................
Freels Bend Study Area ...................................................
Look Rock, GSMNP .........................................................
Cades Cove, GSMNP ......................................................
1188 Lost Creek Road .....................................................
9315 Rutledge Pike ..........................................................
4625 Mildred Drive ...........................................................
1703 Roberts Road ..........................................................
Cove Mountain, GSMNP ..................................................
As discussed above, the design value
for an area is the highest 3-year average
of the annual fourth-highest 8-hour
ozone value recorded at any monitor in
the area. Therefore, the most recent 3year design value (2007–2009) for the
Knoxville Area is 0.082 ppm, which
meets the NAAQS as described above.
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Current air quality data show that the
Area continues to attain the NAAQS. If
the Area does not continue to attain
until EPA finalizes the redesignation,
EPA will not go forward with the
redesignation. As discussed in more
detail below, the State of Tennessee has
committed to continue monitoring in
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0.080
0.086
0.070
0.084
0.081
0.088
0.085
0.082
2006–2008
0.077
0.085
0.072
0.081
0.081
0.088
0.082
0.082
2007–2009
0.072
0.079
0.069
0.076
0.077
0.082
0.077
0.079
this Area in accordance with 40 CFR
part 58. EPA proposes to find that the
Knoxville Area has attained the 1997 8hour ozone NAAQS.
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Criteria (2)—Tennessee Has a Fully
Approved SIP Under Section 110(k) for
the Knoxville Area and Criteria (5)—
Tennessee Has Met All Applicable
Requirements Under Section 110 and
Part D of the CAA
Below is a summary of how these two
criteria were met.
EPA proposes to find that Tennessee
has met all applicable SIP requirements
for the Knoxville Area under section
110 of the CAA (general SIP
requirements) for purposes of
redesignation. EPA also proposes to find
that the Tennessee SIP satisfies the
criterion that it meet applicable SIP
requirements for purposes of
redesignation under part D of title I of
the CAA (requirements specific to
subpart 1 basic 1997 8-hour ozone
nonattainment areas) in accordance
with section 107(d)(3)(E)(v). In addition,
EPA proposes to determine that the SIP
is fully approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
determinations, EPA ascertained which
requirements are applicable to the Area
and that if applicable, they are fully
approved under section 110(k). SIPs
must be fully approved only with
respect to applicable requirements.
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a. Knoxville Area Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA
The September 4, 1992, Calcagni
Memorandum describes EPA’s
interpretation of section 107(d)(3)(E).
Under this interpretation, to qualify for
redesignation, states requesting
redesignation to attainment must meet
only the relevant CAA requirements that
come due prior to the submittal of a
complete redesignation request. See also
Michael Shapiro Memorandum, (‘‘SIP
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide NAAQS On or After
November 15, 1992,’’ September 17,
1993); 60 FR 12459, 12465–66 (March 7,
1995) (redesignation of Detroit-Ann
Arbor, Michigan). Applicable
requirements of the CAA that come due
subsequent to the area’s submittal of a
complete redesignation request remain
applicable until a redesignation is
approved, but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA; Sierra Club,
375 F.3d 537; see also 68 FR 25424,
25427 (May 12, 2003) (redesignation of
St. Louis, Missouri).
General SIP requirements. Section
110(a)(2) of title I of the CAA delineates
the general requirements for a SIP,
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which include enforceable emissions
limitations and other control measures,
means, or techniques, provisions for the
establishment and operation of
appropriate devices necessary to collect
data on ambient air quality, and
programs to enforce the limitations.
General SIP elements and requirements
are delineated in section 110(a)(2) of
title I, part A of the CAA. These
requirements include, but are not
limited to, the following: Submittal of a
SIP that has been adopted by the state
after reasonable public notice and
hearing; provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)) and provisions for the
implementation of part D requirements
(NSR permit programs); provisions for
air pollution modeling; and provisions
for public and local agency participation
in planning and emission control rule
development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. To implement this
provision, EPA has required certain
states to establish programs to address
the transport of air pollutants (NOX SIP
Call 3 and Clean Air Interstate Rule
(CAIR 4)). The section 110(a)(2)(D)
requirements for a state are not linked
with a particular nonattainment area’s
designation and classification in that
state. EPA believes that the
requirements linked with a particular
3 On October 27, 1998 (63 FR 57356), EPA issued
a NOX SIP Call requiring the District of Columbia
and 22 states to reduce emissions of NOX in order
to reduce the transport of ozone and ozone
precursors. In compliance with EPA’s NOX SIP Call,
Tennessee developed rules governing the control of
NOX emissions from Electric Generating Units
(EGUs), major non-EGU industrial boilers, major
cement kilns, and internal combustion engines. On
January 22, 2004, EPA approved Tennessee’s rules
as fulfilling Phase I (69 FR 3015) and Phase II on
December 27, 2005 (70 FR 76408).
4 On May 12, 2005 (70 FR 25162), EPA
promulgated CAIR which required 28 upwind
States and the District of Columbia to revise their
SIPs to include control measures that would reduce
emissions of sulfur dioxide and NOX. Various
aspects of CAIR rule were petitioned in court and
on December 23, 2008, the U.S. Court of Appeals
for the District of Columbia Circuit remanded CAIR
to EPA (see North Carolina v. EPA, 550 F.3d 1176
(DC Cir., 2008)) which left CAIR in place to
‘‘temporarily preserve the environmental values
covered by CAIR’’ until EPA replaces it with a rule
consistent with the court’s decision. The court
directed EPA to remedy various areas of the rule
that were petitioned consistent with its July 11,
2008, opinion (see, North Carolina v. EPA, 531 F.3d
836 (DC Cir., 2008)), but declined to impose a
schedule on EPA for completing that action. Id.
Therefore, CAIR is currently in effect in Tennessee.
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nonattainment area’s designation and
classifications are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, we do not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
In addition, EPA believes that the
other section 110 elements not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated. The section 110
and part D requirements, which are
linked with a particular area’s
designation and classification, are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking at (60 FR 62748, December
7, 1995). See also the discussion on this
issue in the Cincinnati, Ohio
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania redesignation (66 FR
50399, October 19, 2001).
EPA believes that section 110
elements not linked to the area’s
nonattainment status are not applicable
for purposes of redesignation. Therefore,
as was discussed above, for purposes of
redesignation, they are not considered
applicable requirements. Nonetheless,
EPA notes it has previously approved
provisions in the Tennessee SIP
addressing section 110 elements under
the 1-hour ozone NAAQS (45 FR 53809,
August 13, 1980). The State believes
that the section 110 SIP approved for
the 1-hour ozone NAAQS are sufficient
to meet the requirements under the 1997
8-hour ozone NAAQS. Tennessee
submitted a letter dated December 14,
2007, setting forth its belief that the
section 110 SIP approved for the 1-hour
ozone NAAQS is also sufficient to meet
the requirements under the 1997 8-hour
ozone NAAQS. EPA has not yet
approved this submission, but such
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approval is not necessary for purposes
of redesignation.
Part D requirements. EPA proposes
that if EPA approves Tennessee’s base
year emissions inventory, which is part
of the maintenance plan submittal, the
Tennessee SIP will meet applicable SIP
requirements under part D of the CAA.
We believe the emissions inventory is
approvable because the 2007 VOC and
NOx emissions for Tennessee were
developed consistent with EPA
guidance for emission inventories, and
the choice of the 2007 base year is
appropriate because it represents the
2007–2009 period when the 1997 8-hour
ozone NAAQS were not violated.
Part D, subpart 1 applicable SIP
requirements. EPA has determined that,
if EPA finalizes the approval of the base
year emissions inventories discussed in
section IX of this rulemaking, the
Tennessee SIP will meet the applicable
SIP requirements for the Knoxville Area
applicable for purposes of redesignation
under part D of the CAA. Subpart 1 of
part D, found in sections 172–176 of the
CAA, sets for the basic nonattainment
requirements applicable to all
nonattainment areas. Subpart 2 of part
D, which includes section 182 of the
CAA, establishes additional specific
requirements depending on the area’s
nonattainment classification. Since the
Knoxville Area was not classified under
subpart 2 at the time the redesignation
request was submitted, the subpart 2
requirements do not apply for purposes
of evaluating the Tennessee’s
redesignation request. The applicable
subpart 1 requirements are contained in
sections 172(c)(1)–(9) and in section
176. A thorough discussion of the
requirements contained in section 172
can be found in the General Preamble
for Implementation of title I (57 FR
13498).
Subpart 1 Section 172 Requirements.5
For purposes of evaluating this
redesignation request, the applicable
section 172 SIP requirements for the
Knoxville Area are contained in sections
172(c)(1)–(9). A thorough discussion of
the requirements contained in section
172 can be found in the General
5 On August 3, 2010, EPA proposed to approve a
clean data determination for the Knoxville Area for
the 1997 8-hour ozone NAAQS (75 FR 45568). If
EPA takes final action on this determination, under
the provisions of EPA’s ozone implementation rule
(see 40 CFR Section 51.918), the requirements for
the State of Tennessee to submit an attainment
demonstration and associated reasonably available
control measures plan, RFP plan, contingency
measures, and any other planning SIPs related to
attainment of the 1997 8-hour ozone NAAQS for the
Knoxville Area, shall be suspended for as long as
the Area continues to meet the 1997 8-hour ozone
NAAQS.
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Preamble for Implementation of Title I
(57 FR 13498, April 16, 1992).
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all reasonably
available control measures (RACM) as
expeditiously as practicable and to
provide for attainment of the national
primary ambient air quality standards.
EPA interprets this requirement to
impose a duty on all nonattainment
areas to consider all available control
measures and to adopt and implement
such measures as are reasonably
available for implementation in each
area as components of the area’s
attainment demonstration.
The RFP plan requirement under
section 172(c)(2) is defined as progress
that must be made toward attainment.
This requirement is not relevant for
purposes of redesignation because the
Knoxville Area has monitored
attainment of the ozone NAAQS.
(General Preamble, 57 FR 13564). See
also 40 CFR 51.918. In addition, because
the Knoxville Area has attained the
ozone NAAQS and is no longer subject
to an RFP requirement, the requirement
to submit the section 172(c)(9)
contingency measures is not applicable
for purposes of redesignation. Id.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate, and current inventory of actual
emissions. As part of Tennessee’s
redesignation request for the Knoxville
Area, Tennessee submitted a 2007 base
year emissions inventory. As discussed
below in section IX, EPA is proposing
to approve the 2007 base year inventory
that Tennessee submitted with the
redesignation request as meeting the
section 172(c)(3) emissions inventory
requirement.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
EPA has determined that, since PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’
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62033
Tennessee has demonstrated that the
Knoxville Area will be able to maintain
the NAAQS without part D NSR in
effect; therefore, EPA concludes that
Tennessee need not have fully approved
part D NSR programs prior to approval
of the redesignation request.
Tennessee’s PSD programs will become
effective in the Knoxville Area upon
redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the NAAQS.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
believe the Tennessee SIP meets the
requirements of section 110(a)(2)
applicable for purposes of
redesignation.
Section 176 Conformity
Requirements. Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure that federallysupported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under title 23 of the United States Code
(U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to
all other federally-supported or funded
projects (general conformity). State
transportation conformity SIP revisions
must be consistent with federal
conformity regulations relating to
consultation, enforcement and
enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA believes it is reasonable to
interpret the conformity SIP
requirements 6 as not applying for
purposes of evaluating the redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and federal
conformity rules apply where state rules
have not been approved. See Wall, 265
F.3d 426 (upholding this interpretation);
6 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the motor vehicle
emission budgets that are established in control
strategy SIPs and maintenance plans.
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see also 60 FR 62748 (December 7, 1995,
Tampa, Florida). Tennessee submitted
its transportation conformity SIP for 1hour ozone on March 19, 2002. EPA
issued a direct final rule approving
Tennessee’s Transportation Conformity
SIP on May 16, 2003 (68 FR 26492).
NSR Requirements. EPA has also
determined that areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without a
part D NSR program in effect since PSD
requirements will apply after
redesignation. The rationale for this
view is described in a memorandum
from Mary Nichols, Assistant
Administrator for Air and Radiation,
dated October 14, 1994, entitled ‘‘Part D
New Source Review (Part D NSR)
Requirements for Areas Requesting
Redesignation to Attainment.’’
Tennessee has demonstrated that the
Knoxville Area will be able to maintain
the NAAQS without a part D NSR
program in effect, and therefore,
Tennessee need not have a fullyapproved part D NSR program prior to
approval of the redesignation request.
However, Tennessee currently has a
fully-approved part D NSR program in
place. Tennessee’s PSD program will
become effective in the Knoxville Area
upon redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorraine, Ohio (61 FR
20458, 20469–70, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996). Thus, the Knoxville Area has
satisfied all applicable requirements for
purposes of redesignation under section
110 and part D of the CAA.
b. The Knoxville Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
If EPA issues a final approval of the
base year emissions inventories, EPA
will have fully approved the applicable
Tennessee SIP for the Knoxville 8-hour
ozone nonattainment area, under
section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request, see Calcagni
Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998); Wall, 265 F.3d 426, plus any
additional measures it may approve in
conjunction with a redesignation action.
See 68 FR 25426 (May 12, 2003) and
citations therein. Following passage of
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the CAA of 1970, Tennessee has
adopted and submitted, and EPA has
fully approved at various times,
provisions addressing the various
1-hour ozone NAAQS SIP elements
applicable in Knox County, Tennessee
(58 FR 50271, September 27, 1993; and
69 FR 4852, February 2, 2004).
As indicated above, EPA believes that
the section 110 elements not connected
with nonattainment plan submissions
and not linked to the area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. EPA also believes that
since the part D subpart 1 requirements
did not become due prior to submission
of the redesignation request, they also
are therefore not applicable
requirements for purposes of
redesignation. Sierra Club v. EPA, 375
F.3d 537 (7th Cir. 2004); 68 FR 25424,
25427 (May 12, 2003) (redesignation of
the St. Louis-East St. Louis Area to
attainment of the 1-hour ozone
NAAQS). With the approval of the
emissions inventory, EPA will have
approved all Part D subpart 1
requirements applicable for purposes of
redesignation.
Criteria (3)—The Air Quality
Improvement in the Knoxville Area 1997
8-Hour Ozone NAAQS Nonattainment
Area Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
EPA believes that Tennessee has
demonstrated that the observed air
quality improvement in the Knoxville
Area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other state
adopted measures. Additionally, new
emissions control programs for fuels
and motor vehicles will help ensure a
continued decrease in emissions
throughout the region.
Measured reductions in ozone
concentrations in and around the
Knoxville Area are largely attributable
to reductions from emission sources of
VOC and NOX, which are precursors in
the formation of ozone. Table 2
summarizes several of the measures
adopted that contributed to reductions
of emissions. The majority of these
reductions have been realized from
federal measures related to mobile
sources and electrical power generation.
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TABLE 2—FEDERAL AND STATE MEASURES CONTRIBUTING TO EMISSIONS
REDUCTIONS
Federal Measures:
NOX Budget Trading Program.
NOX SIP call.
National Low Emission Vehicles.
Tier 2 Vehicle Standards.
Tier 1, Tier 2 and Tier 3 (non-road).
Sources-Spark Ignition Engines (non-road).
State and Local Measures:
Stage I Vapor Recovery.
Motor Vehicle Anti-tampering Rule.
Air Quality Alert Programs.
Smart Trips Program.
One key program, the NOX SIP,
required states to make significant,
specific emissions reductions (63 FR
57356). It also provided a mechanism,
the NOX Budget Trading Program,
which states could use to achieve those
reductions. When EPA promulgated
CAIR, it discontinued (starting in 2009)
the NOX Budget Trading Program, 40
CFR 51.121(r), but created another
mechanism—the CAIR ozone season
trading program—which states could
use to meet their SIP Call obligations, 70
FR 25289–90. All NOX SIP Call states
have SIPs that currently satisfy their
obligations under the SIP Call, the SIP
Call reduction requirements are being
met, and EPA will continue to enforce
the requirements of the NOX SIP Call
even after any response to the CAIR
remand. Notably, the anti-backsliding
provisions of 40 CFR 51.905(f)
specifically provide that the provisions
of the NOX SIP Call, including the
statewide NOX emission budgets,
continue to apply after revocation of the
1-hour standard.
Regarding point source emissions, the
Tennessee Valley Authority’s (TVA’s)
Bull Run Steam Plant located in
Anderson County and Kingston Steam
Plant located in Roane County include
a total of 10 coal-fired boilers. As a
result of EPA’s ‘‘Finding of Significant
Contribution and Rulemaking for
Certain States in the Ozone Transport
Assessment Group Region for Purposes
of Reducing Region Transport of Ozone’’
(NOX SIP Call), TVA began operation of
selective catalytic reduction (SCR)
systems in 2004 at Bull Run’s unit and
on eight of the nine units at Kingston.
TVA began operation of a SCR for the
ninth unit at Kingston in 2006. There
was an 85 percent and 90 percent
reduction in NOX emissions from the
Bull Run and Kingston facilities,
respectively from 2003 to 2008 as a
result of these controls. Furthermore,
NOX emissions from all categories are
projected to decrease in the Knoxville
Area by 56.1 tpd between 2007 and
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2024 (41.5 percent reduction). Total
point source NOX emissions are
projected to increase slightly (2.42 tpd),
while EGU NOX emissions are projected
to remain unchanged between 2007 and
2024. For these reasons, EPA believes
that regardless of the status of the CAIR
program, the NOX SIP call requirements
can be relied upon in demonstrating
maintenance. Here, Tennessee has
demonstrated maintenance based in part
on those requirements.
62035
In addition, EPA undertook an
analysis of the changes in NOX expected
across a broader region. In particular,
EPA reviewed available projections of
NOX emissions from nearby states from
2002 to 2018.
TABLE 3—2002 BASE ANNUAL EMISSION INVENTORY SUMMARY FOR NOX*
[Tons per year]
States
Non-EGU
point
EGU point
Non-road
Area
Mobile
Fires
Total
AR ................................
KY ................................
LA .................................
MS ................................
MO ...............................
TN ................................
24,722
201,928
111,703
40,433
145,438
152,137
47,698
38,434
199,218
61,533
36,144
64,344
62,472
104,571
114,711
88,787
99,306
96,827
21,700
39,507
93,069
4,200
32,435
17,844
141,894
156,417
180,664
111,914
189,852
238,577
5,492
534
6,942
308
2,442
217
303,978
541,391
706,307
307,175
505,617
569,946
Total ......................
676,361
447,371
566,674
208,755
1,019,318
15,935
2,934,414
* From the Tennessee Regional Haze SIP, Appendix D, page D.3–5 and support table for Technical Support Document for CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2–40, figure 2–4.
TABLE 4—2018 BASE ANNUAL EMISSION INVENTORY SUMMARY FOR NOX *
[Tons per year]
States
Non-EGU
point
EGU point
Non-road
Area
Mobile
Fires
Total
AR ................................
KY ................................
LA .................................
MS ................................
MO ...............................
TN ................................
34,938
64,378
44,485
21,535
83,181
31,715
36,169
41,034
225,748
61,252
51,489
62,519
34,305
79,392
106,685
68,252
59,625
70,226
25,672
44,346
114,374
4,483
35,213
19,597
33,640
52,263
44,806
30,619
50,861
69,385
5,600
714
6,969
1,073
2,442
405
170,324
282,127
543,067
187,214
282,811
253,847
Total ......................
280,232
478,211
418,485
243,685
281,574
17,203
1,708,390
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* From the Tennessee Regional Haze SIP, Appendix D, page D.3–5 and support table for Technical Support Document for CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2–40, figure 2–4.
From 2002 to 2018 NOX emissions are
projected to decrease in the region by
1,215,024 tpy or 41.4 percent in all.
EGU NOX anticipated decreases due to
CAIR and the NOX SIP Call are
projected to be 198,150 tpy. However
the largest source in this region remains
the motor vehicle sector, which is
projected to decrease 737,744 tpy. Even
without EGU controls on NOX
emissions, total NOX emissions are
projected to continually decrease
throughout the maintenance period.
On July 6, 2010, EPA proposed the
Transport Rule, which will require
significant reductions in sulfur dioxide
and NOX emissions that cross state
boundaries. This proposed rule will
potentially form the basis for a final rule
which replaces EPA’s 2005 CAIR (North
Carolina v. EPA, 550 F.3d 1176 (D.C.
Cir., 2008)).
These regional projections of
emissions data have been prepared
through 2018. However, since motor
vehicle and non-road emissions
continue to decrease long after a rule is
adopted as the engine population is
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gradually replaced by newer engines, it
is reasonable to expect that this
projected decrease in regional NOX
emissions from mobile and non-road
sources should continue through 2024
and assure that ozone in the Knoxville
Area will continue to decline
throughout the 10-year maintenance
period. Hence, we believe the projected
regional NOX reductions are adequate to
assure that the Knoxville Area will
continue demonstrating maintenance
throughout the 10-year maintenance
period.
Criteria (4)—The Knoxville Area Has a
Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to
redesignate the Knoxville Area to
attainment for the 1997 8-hour ozone
NAAQS, TDEC submitted a SIP revision
to provide for the maintenance of the
1997 8-hour ozone NAAQS for at least
10 years after the effective date of
redesignation to attainment.
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a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the State of
Tennessee must submit a revised
maintenance plan, which demonstrates
that attainment will continue to be
maintained for the 10 years following
the initial 10-year period. To address
the possibility of future NAAQS
violations, the maintenance plan must
contain such contingency measures,
with a schedule for implementation as
EPA deems necessary to assure prompt
correction of any future 1997 8-hour
ozone violations. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. The Calcagni Memorandum
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provides additional guidance on the
content of a maintenance plan. The
Calcagni Memorandum explains that an
ozone maintenance plan should address
five requirements: the attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
contingency plan. As is discussed more
fully below, Tennessee’s maintenance
plan includes all the necessary
components and is approvable as part of
the redesignation request.
b. Attainment Emissions Inventory
The Knoxville Area attained the 1997
8-hour NAAQS with monitoring data
from 2007, 2008, and 2009, therefore
Tennessee selected 2007 as the
attainment emission inventory year. The
attainment inventory identifies the level
of emissions in the Area, which is
sufficient to attain the 1997 8-hour
ozone NAAQS. Tennessee began
development of the attainment
inventory by first developing a baseline
emissions inventory for the Knoxville
Area. The year 2007 was chosen as the
base year for developing a
comprehensive ozone precursor
emissions inventory for which projected
emissions could be developed for 2010,
2013, 2016, 2020, and 2024. The
projected inventory estimates emissions
forward to 2024, which is beyond the
10-year interval required in section
175(A) of the CAA. Non-road mobile
emissions estimates were based on
EPA’s NONROAD2008 model. On-road
mobile source emissions were
calculated using EPA’s MOBILE6.2
emission factors model. The 2007 VOC
and NOX emissions, as well as the
emissions for other years, for the
Knoxville Area were developed
consistent with EPA guidance, and are
summarized in Tables 5 and 6 in the
following subsection.
c. Maintenance Demonstration
The July 14, 2010, final submittal
includes a maintenance plan for the
Knoxville Area. This demonstration:
(i) Shows compliance and
maintenance of the 1997 8-hour ozone
NAAQS by providing information to
support the demonstration that current
and future emissions of VOC and NOX
remain at or below attainment inventory
year 2007 emissions levels. The year
2007 was chosen as the attainment
inventory year because it is one of the
most recent three years (i.e., 2007, 2008,
and 2009) for which the Knoxville Area
has clean air quality data for the 1997
8-hour ozone NAAQS.
(ii) Uses 2007 as the attainment
inventory year and includes future
emission inventory projections for 2010,
2013, 2016, 2020, and 2024.
(iii) Identifies an ‘‘out year,’’ at least 10
years (and beyond) after the time
necessary for EPA to review and
approve the maintenance plan. Per 40
CFR part 93, NOx and VOC MVEBs
were established for the last year (2024)
of the maintenance plan.
(iv) Provides the following actual and
projected emissions inventories, in tpd
for the Knoxville Area. See Tables 5
and 6.
TABLE 5—KNOXVILLE AREA VOC EMISSIONS
[Summer season tpd]
Summary of VOC emissions (tpd)
Year
2007
2010
2013
2016
2020
2024
.................................
.................................
.................................
.................................
.................................
.................................
Point
Area
7.32
7.17
7.37
7.88
8.64
9.53
Onroad
33.25
34.21
35.23
36.64
38.40
40.24
36.77
33.53
30.29
27.05
22.72
18.39
Nonroad
(excluding
MLA)
Nonroad
(MLA)
34.26
31.05
26.47
22.07
18.04
16.62
0.68
0.62
0.52
0.44
0.35
0.33
Safety
margin
Change
from 2007
(percent)
....................
5.70
12.40
18.20
24.13
27.17
....................
¥5.1
¥11.0
¥16.2
¥21.5
¥24.2
Total
112.28
106.58
99.88
94.08
88.15
85.11
Note: Emissions are for Anderson, Blount, Jefferson, Knox, Loudon, Sevier and onroad emissions for Cocke County.
MLA = Commercial Marine Vessels, Locomotives and Aircraft.
TABLE 6—KNOXVILLE AREA NOX EMISSIONS
[Summer season tpd]
Summary of NOX emissions (tpd)
Year
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2007
2010
2013
2016
2020
2024
.................................
.................................
.................................
.................................
.................................
.................................
Point
Area
42.69
42.65
42.94
43.56
44.30
45.11
Onroad
2.07
2.15
2.29
2.50
2.60
2.68
71.83
63.10
54.36
45.62
33.96
22.29
Nonroad
(excluding
MLA)
Nonroad
(MLA)
13.16
12.17
10.51
8.74
7.21
6.37
5.44
5.03
4.34
3.61
2.98
2.63
Total
135.19
125.10
114.44
104.03
91.05
79.08
Safety
margin
10.09
20.75
31.18
44.14
56.11
Change
from 2007
(percent)
¥7.5
¥15.3
¥23.0
¥32.7
¥41.5
Note: Emissions are for Anderson, Blount, Jefferson, Knox, Loudon, Sevier and onroad emissions for Cocke County.
MLA = Commercial Marine Vessels, Locomotives and Aircraft.
A safety margin is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
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attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
Tennessee has decided to allocate a
portion of the available safety margin to
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the Area’s VOC and NOX MVEBs for
2024 for the Knoxville Area and has
calculated the safety margin in its
submittal. Specifically, 14.03 tpd of the
available NOX safety margin is allocated
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to the 2024 MVEB, the remaining safety
margin for NOX for 2024 is 42.08 tpd.
Also, 6.8 tpd of the available VOC safety
margin is allocated to the 2024 MVEB,
the remaining safety margin for VOC for
2024 is 20.37 tpd. See Tables 5 and 6,
above. This allocation and the resulting
available safety margin for the Knoxville
Area are discussed further in section VII
of this proposed rulemaking.
d. Monitoring Network
There are currently nine monitors
measuring ozone in the Knoxville Area
(see Table 1).7 TDEC and the Knox
County Department of Air Quality
Management (DAQM) have committed,
in the maintenance plan, to continue
operation of monitors in the Knoxville
Area in compliance with 40 CFR part
58, and have addressed the requirement
for monitoring.
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e. Verification of Continued Attainment
The State of Tennessee, through
TDEC, and the Knox County DAQM
have the legal authority to enforce and
implement the requirements of the
Knoxville Area 1997 8-Hour Ozone
Maintenance plan. This includes the
authority to adopt, implement and
enforce any subsequent emissions
control contingency measures
determined to be necessary to correct
future ozone attainment problems.
Both agencies will track the progress
of the maintenance plan by performing
future reviews of triennial emission
inventories for the Knoxville Area using
the latest emissions factors, models and
methodologies. For these periodic
inventories, TDEC and Knox County
DAQM will review the assumptions
made for the purpose of the
maintenance demonstration concerning
projected growth of activity levels. If
any of these assumptions appear to have
changed substantially, the Knoxville
Area will re-project emissions.
f. Contingency Plan
The contingency plan provisions are
designed to promptly correct a violation
of the NAAQS that occurs after
redesignation. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
7 Of the nine air quality ozone monitors in the
Knoxville Area, the Clingman’s Dome ozone
monitoring site in Sevier County does not meet
siting criteria listing in 40 CFR part 58, and thus
is not appropriate to be used for the determination
of attainment or nonattainment for the ozone
NAAQS.
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measures to be adopted, a schedule and
procedure for adoption and
implementation, and a time limit for
action by the state. A state should also
identify specific indicators to be used to
determine when the contingency
measures need to be implemented. The
maintenance plan must include a
requirement that a state will implement
all measures with respect to control of
the pollutant that were contained in the
SIP before redesignation of the area to
attainment in accordance with section
175A(d).
In the July 14, 2010, submittal,
Tennessee affirms that all programs
instituted by the State and EPA will
remain enforceable, and that sources are
prohibited from reducing emissions
controls following the redesignation of
the Area. The contingency plan
included in the submittal includes a
triggering mechanism to determine
when contingency measures are needed
and a process of developing and
implementing appropriate control
measures. The primary trigger will be a
quality assured/quality controlled (QA/
QC) violating design value of the 1997
8-hour ozone NAAQS. In addition to the
primary trigger indicated above,
Tennessee and the Knox County DAQM
will monitor regional emissions through
the Consolidated Emissions Reporting
Rule (CERR). If the CERR results
indicate that the projected emissions in
this maintenance plan are significantly
less than the CERR reveals (greater than
ten percent), TDEC and Knox County
DAQM will investigate the differences
and develop an appropriate strategy for
addressing the differences. In addition,
if ambient monitoring data indicates
that a violation of the three-year design
value may be imminent, TDEC and
Knox County DAQM will evaluate
existing control measures to determine
whether further emission reduction
measures should be implemented. If
QA/QC data indicates a violating design
value for the 1997 8-hour ozone
NAAQS, then the triggering event will
be the date of the design value violation,
and not the final QA/QC date. However,
if initial monitoring data indicates a
possible violation but later QA/QC data
indicates that the NAAQS was not
violated, then a triggering event will not
have occurred, and contingency
measures will not be required.
The contingency plan states that upon
a measured violation of the 1997 8-hour
ozone NAAQS in the Knoxville Area,
TDEC and the Knox County DAQM will
complete sufficient analyses and
provide those to the EPA. If deemed
necessary, contingency measures would
be adopted and implemented as
expeditiously as possible, but no later
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62037
than eighteen to twenty-four months
after a triggering event. The proposed
schedule for these actions would be as
follows:
• Six months to identify appropriate
contingency measures, including
identification of emission sources and
appropriate control technologies;
• Between three and six months to
initiate a stakeholder process; and
• Between nine and twelve months to
implement the contingency measures.
This step would include the time
required to draft rules or SIP
amendments, complete the rulemaking
process, and submit the final plans to
EPA.
Tennessee will consider one or more of
the following contingency measures to
re-attain the NAAQS:
• Implementation of diesel retrofit
programs, including incentives for
performing retrofits.
• Reasonable Available Control
Technology for NOX sources in
nonattainment counties.
• Programs or incentives to decrease
motor vehicle use, including employerbased programs, additional park and
ride services, enhanced transit service
and encouragement of flexible work
hours/compressed work week/
telecommuting.
• Trip reduction ordinances.
• Additional emissions reductions on
stationary sources.
• Enhanced stationary source
inspection to ensure that emissions
control equipment is functioning
properly.
• Voluntary fuel programs, including
incentives for alternative fuels.
• Construction of high-occupancy
vehicle (HOV) lanes, or restriction of
certain roads or lanes for HOV.
• Programs for new construction and
major reconstruction of bicycle and
pedestrian facilities including shared
use paths, sidewalks, and bicycle lanes.
• Expand Air Quality Action Day
activities/Clean Air Partners public
education outreach.
• Expansion of E-government services
at State and local levels.
• Additional enforcement or outreach
on driver observance of reduced speed
limits.
• Land use/transportation polices.
• Promote non-motorized
transportation.
• Promote tree-planting standards
that favor trees with low VOC biogenic
emissions.
• Promote energy savings plans for
local government.
• Gas can and lawnmower
replacement programs.
• Seasonal open burning ban in
nonattainment counties.
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• Evaluate anti-idling rules and/or
policy.
• Additional controls in upwind
areas, if necessary.
Other control measures, not included in
the above list, will be considered if new
control programs are deemed more
advantageous for this Area.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. The maintenance
plan SIP revision submitted by the State
of Tennessee for the Knoxville Area
meets the requirements of section 175A
of the CAA and is approvable.
VII. What is EPA’s analysis of
Tennessee’s proposed NOX and VOC
MVEBs for the Knoxville area?
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans in ozone
areas. These control strategy SIPs
(reasonable further progress and
attainment demonstration) and
maintenance plans create MVEBs for
criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Per 40 CFR part 93, an
MVEB is established for the last year of
the maintenance plan. A state may
adopt MVEBs for other years as well.
The MVEB is the portion of the total
allowable emissions in the maintenance
demonstration that is allocated to
highway and transit vehicle use and
emissions. See 40 CFR 93.101. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, transportation
conformity rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB.
After interagency consultation with
the transportation partners for the
Knoxville Area, Tennessee has elected
to develop MVEBs for VOC and NOX for
the entire Area. Tennessee is developing
these MVEBs, as required, for the last
year of its maintenance plan, 2024. The
MVEBs reflect the total on-road
emissions for 2024, plus an allocation
from the available VOC and NOX safety
margin. Under 40 CFR 93.101, the term
safety margin is the difference between
the attainment level (from all sources)
and the projected level of emissions
(from all sources) in the maintenance
plan. The safety margin can be allocated
to the transportation sector; however,
the total emissions must remain below
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maintenance areas. Maintenance areas
are areas that were previously
nonattainment for a particular NAAQS
but have since been redesignated to
attainment with a maintenance plan for
that NAAQS.
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA may
affirmatively find the MVEB contained
therein ‘‘adequate’’ for use in
TABLE 7—KNOXVILLE AREA VOC AND determining transportation conformity.
NOX MVEBS
Once EPA affirmatively finds the
submitted MVEB is adequate for
[Summer season tpd]
transportation conformity purposes, that
2024
MVEB must be used by state and
Federal agencies in determining
NOX ......................................
36.32 whether proposed transportation
VOC ......................................
25.19
projects ‘‘conform’’ to the SIP as required
by section 176(c) of the CAA.
As mentioned above, the Knoxville
EPA’s substantive criteria for
Area has chosen to allocate a portion of
determining ‘‘adequacy’’ of an MVEB are
the available safety margin to the 2024
set out in 40 CFR 93.118(e)(4). The
NOX and VOC MVEBs. This allocation
process for determining ‘‘adequacy’’
is 14.03 tpd for NOX and 6.80 tpd for
VOC. Thus, the remaining safety margin consists of three basic steps: public
notification of a SIP submission, a
in 2024 is 42.08 tpd for NOX and 20.37
public comment period, and EPA’s
tpd for VOC.
adequacy finding. This process for
Through this rulemaking, EPA is
determining the adequacy of submitted
proposing to approve the 2024 MVEBs
for VOC and NOX for the Knoxville Area SIP MVEBs was initially outlined in
EPA’s May 14, 1999, guidance,
because EPA has determined that the
‘‘Conformity Guidance on
Area maintains the 1997 8-hour ozone
NAAQS with the emissions at the levels Implementation of March 2, 1999,
Conformity Court Decision.’’ This
of the budgets. Once the MVEBs for the
guidance was finalized in the
Knoxville Area (the subject of this
Transportation Conformity Rule
rulemaking) are approved or found
Amendments for the ‘‘New 8–Hour
adequate (whichever is done first), they
Ozone and PM2.5 National Ambient Air
must be used for future conformity
Quality Standards and Miscellaneous
determinations.
Revisions for Existing Areas;
VIII. What is the status of EPA’s
Transportation Conformity Rule
adequacy determination for the
Amendments—Response to Court
proposed NOX and VOC MVEBs for
Decision and Additional Rule Change,’’
2024 for the Knoxville Area?
on July 1, 2004 (69 FR 40004).
Under section 176(c) of the CAA, new Additional information on the adequacy
process for MVEBs is available in the
transportation projects, such as the
proposed rule entitled, ‘‘Transportation
construction of new highways, must
Conformity Rule Amendments:
‘‘conform’’ to (i.e., be consistent with)
Response to Court Decision and
the part of the state’s air quality plan
Additional Rule Changes,’’ 68 FR 38974,
that addresses pollution from cars and
38984 (June 30, 2003).
trucks. ‘‘Conformity’’ to the SIP means
that transportation activities will not
As discussed earlier, Tennessee’s
cause new air quality violations, worsen maintenance plan submission includes
existing violations, or delay timely
VOC and NOX MVEBs for the Knoxville
attainment of the NAAQS. If a
Area for 2024. EPA reviewed both the
transportation plan does not ‘‘conform,’’ VOCs and NOX MVEBs through the
most new projects that would expand
adequacy process. The Tennessee SIP
the capacity of roadways cannot go
submission, including the Knoxville
forward. Regulations at 40 CFR part 93
Area VOC and NOX MVEBs was open
set forth EPA policy, criteria, and
for public comment on EPA’s adequacy
procedures for demonstrating and
Web site on June 15, 2010, found at:
assuring conformity of such
https://www.epa.gov/otaq/
transportation activities to a SIP. The
stateresources/transconf/currsips.htm.
regional emissions analysis is one, but
The public comment period on
not the only, requirement for
adequacy of the 2024 VOC and NOX
implementing transportation
MVEBs for Knoxville Area closed on
conformity. Transportation conformity
July 15, 2010. EPA did not receive any
is a requirement for nonattainment and
comments on the adequacy of the
the attainment level. These MVEBs and
allocation from the safety margin were
developed in consultation with the
transportation partners and were added
to account for uncertainties in
population growth, changes in model
vehicle miles traveled and new
emission factor models. The NOX and
VOC MVEBs for the Knoxville Area are
defined in Table 7 below.
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MVEBs, nor did EPA receive any
requests for the SIP submittal.
EPA intends to make its
determination on the adequacy of the
2024 MVEBs for the Knoxville Area for
transportation conformity purposes in
the near future by completing the
adequacy process that was started on
June 15, 2010. After EPA finds the 2024
MVEBs adequate or approves them, the
new MVEBs for VOC and NOX must be
used, for future transportation
conformity determinations. For required
regional emissions analysis years prior
to 2024, the conformity test will be the
applicable interim emissions test
applicable for the Area per 40 CFR Part
93 (the transportation conformity rule).
For required regional emissions analysis
years that involve 2024 or beyond, the
applicable budgets will be the new 2024
MVEBs. The 2024 MVEBs are defined in
section VII of this proposed rulemaking.
IX. What is EPA’s analysis of the
proposed 2007 base year emissions
inventory for the Knoxville Area?
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
base year emissions inventory. As part
of Tennessee’s request to redesignate the
Knoxville Area, the state submitted
2007 base year emissions inventory to
meet this requirement. Emissions
62039
contained in the submittal cover the
general source categories of point
sources, area sources, on-road mobile
sources, and non-road mobile sources.
All emission summaries were
accompanied by source-specific
descriptions of emission calculation
procedures and sources of input data.
On-road mobile emissions were
prepared using the MOBILE6.2
emissions model. Tennessee’s submittal
documents 2007 emissions in the
Knoxville Area in units of tons per
summer day. Table 8 below provides a
summary of the 2007 summer day
emissions of VOC and NOX for the
Knoxville Area.
TABLE 8—KNOXVILLE AREA 2007 SUMMER DAY EMISSIONS FOR VOC AND NOX
[Summer season tpd]
Source
NOX
VOC
Point Source Total .......................................................................................................................................
Area Source Total ........................................................................................................................................
On-Road Mobile Source Total .....................................................................................................................
Non-Road Mobile Source Total ...................................................................................................................
Non-Road Mobile Source Total ...................................................................................................................
42.69
2.07
71.83
13.16
5.44
7.32
33.25
36.77
34.26
0.68
Total for all Sources .............................................................................................................................
135.19
112.28
EPA is proposing to approve this 2007
base year inventory as meeting the
section 172(c)(3) emissions inventory
requirement.
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X. Proposed Action on the
Redesignation Request and
Maintenance Plan SIP Revision
Including Approval of the 2024 NOX
and VOC MVEBs for the Knoxville Area
EPA is proposing to make the
determination that the Knoxville Area
has met the criteria for redesignation
from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. Further,
EPA is proposing to approve
Tennessee’s July 14, 2010, SIP submittal
including the redesignation request for
the Knoxville Area. Additionally, EPA
is proposing to approve the baseline
emissions inventory for the Knoxville
Area for the 1997 8-hour ozone NAAQS.
EPA believes that the redesignation
request and monitoring data
demonstrate that the Knoxville Area has
attained the 1997 8-hour ozone NAAQS.
EPA is also proposing to approve the
maintenance plan for the Knoxville
Area included as part of the July 14,
2010, SIP revision as meeting the
requirements of section 175A of the
CAA. The maintenance plan includes
NOX and VOC MVEBs for 2024. EPA is
proposing to approve the 2024 NOX and
VOC MVEBs for the Knoxville Area
because the maintenance plan
demonstrates that, in light of expected
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emissions for all source categories, the
Area will continue to maintain the 1997
8-hour ozone NAAQS.
Further as part of today’s action, EPA
is describing the status of its adequacy
determination for the 2024 NOX and
VOC MVEBs, in accordance with 40
CFR 93.118(f)(1). Within 24 months
from the effective date of EPA’s
adequacy finding for the MVEBs, or the
effective date for the final rule for this
action, whichever is earlier, the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e).
XI. 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
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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
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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
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
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2010–25291 Filed 10–6–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R03–RCRA–2010–0132; FRL–9211–7]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed Exclusion
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA, also the Agency or we in
this preamble) is proposing to grant a
petition submitted by Babcock & Wilcox
Nuclear Operations Group, Inc., the
current owner, and to BWX
Technologies, Inc., as predecessor in
interest to the current owner, identified
collectively hereafter in this preamble as
‘‘B&W NOG,’’ to exclude (or delist) on a
one-time basis from the lists of
hazardous waste, a certain solid waste
generated at its Mt. Athos facility near
Lynchburg, Virginia.
The Agency has tentatively decided to
grant the petition based on an
evaluation of specific information
provided by the petitioner. This
tentative decision, if finalized, would
conditionally exclude the petitioned
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Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2010–0132 by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov: Follow the on-line
instructions for submitting comments.
• E-mail: friedman.davidm@epa.gov.
• Mail: David M. Friedman,
Environmental Protection Agency
Region III, Land and Chemicals
Management Division, Office of
Technical and Administrative Support,
Mail Code: 3LC10, 1650 Arch Street,
Philadelphia, PA 19103–2029.
• Hand Delivery or Courier: Deliver
your comments to: David M. Friedman,
Environmental Protection Agency
Region III, Land and Chemicals
Management Division, Office of
Technical and Administrative Support,
Mail Code: 3LC10, 1650 Arch Street,
Philadelphia, PA 19103–2029.
Comments delivered in this manner are
only accepted during normal hours of
operation.
Instructions: Direct your comments to
Docket ID No. EPA–R03–RCRA–2010–
0132. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://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 information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
ADDRESSES:
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
SUMMARY:
waste from the requirements of the
hazardous waste regulations under the
Resource Conservation and Recovery
Act (RCRA).
The Agency is requesting comments
on this proposed decision.
DATES: To make sure we consider your
comments on this proposed exclusion,
they must be received by November 22,
2010. Comments received after the close
of the comment period will be
designated as late. These late comments
may not be considered in formulating a
final decision.
Any person may request a hearing on
this tentative decision to grant the
petition by filing a request by October
22, 2010. The request must contain the
information prescribed in 40 CFR
260.20(d).
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to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
that is 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 https://www/
epa/gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the
index, some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Land and Chemicals Division, Office of
Technical and Administrative Support,
Mail Code: 3LC10, 1650 Arch Street,
Philadelphia, PA 19103–2029. The hard
copy RCRA regulatory docket for this
proposed rule, EPA–R03–RCRA–2010–
0132, is available for viewing from
8 a.m. to 3 p.m., Monday through
Friday, excluding Federal holidays. You
may copy material from any regulatory
docket at a cost of $0.15 per page for
additional copies. EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. You should
make an appointment with the office at
least 24 hours in advance.
For
further technical information
concerning this document or for
appointments to view the docket or the
B&W NOG facility petition, contact
David M. Friedman, Environmental
Protection Agency Region III, Land and
Chemicals Division, Office of Technical
and Administrative Support, Mail Code:
3LC10, 1650 Arch Street, Philadelphia,
PA 19103–2029, by calling 215–814–
3395 or by e-mail at
friedman.davidm@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62026-62040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25291]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2010-0666-201031; FRL-9211-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of
the Knoxville 8-Hour Ozone Nonattainment Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On July 14, 2010, the State of Tennessee, through the
Tennessee
[[Page 62027]]
Department of Environment and Conservation (TDEC), Air Pollution
Control Division, submitted a request to redesignate the Knoxville 8-
hour ozone nonattainment area to attainment for the 1997 8-hour
National Ambient Air Quality Standards (NAAQS); and to approve a State
Implementation Plan (SIP) revision containing a maintenance plan for
the Knoxville, Tennessee Area. The Knoxville 1997 8-hour ozone
nonattainment area is comprised of Anderson, Blount, Jefferson, Knox,
Loudon, and Sevier Counties in their entireties, and the portion of
Cocke County that falls within the boundary of the Great Smoky
Mountains National Park (hereafter referred to as the ``Knoxville
Area''). In this action, EPA is proposing to approve the July 14, 2010,
8-hour ozone redesignation request for the Knoxville Area.
Additionally, EPA is proposing to approve the 1997 8-hour ozone NAAQS
maintenance plan for the Knoxville Area, including the 2007 baseline
emission inventory, and the motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile organic compounds (VOC)
for 2024 for the Knoxville Area. This proposed approval of Tennessee's
redesignation request is based on EPA's determination that the
Knoxville Area has met the criteria for redesignation to attainment
specified in the Clean Air Act (CAA), including the determination that
the Knoxville 8-hour ozone nonattainment area has attained the 1997 8-
hour ozone NAAQS. In this action, EPA is also describing the status of
its transportation conformity adequacy determination for the new 2024
MVEBs that are contained in the 1997 8-hour ozone NAAQS maintenance
plan for the Knoxville Area. This action is being taken pursuant to the
CAA and its implementing regulations.
DATES: Comments must be received on or before November 8, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0666, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2010-0666, 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: Ms. 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-
2010-0666. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
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Docket: All documents in the electronic docket are listed in the
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materials are available either electronically in https://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
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FOR FURTHER INFORMATION CONTACT: Jane Spann or Royce Dansby-Sparks of
the Regulatory Development Section, in the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Ms. Spann may be reached by phone at (404) 562-9029, or via
electronic mail at spann.jane@epa.gov. Mr. Dansby-Sparks may be reached
by phone at (404) 562-9187, or via electronic mail at dansby-sparks.royce@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What proposed actions is EPA taking?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is the effect of EPA's proposed actions?
VI. What is EPA's analysis of the request?
VII. What is EPA's analysis of Tennessee's proposed NOX
and VOC MVEBs for the Knoxville area?
VIII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for 2024 for the Knoxville
area?
IX. What is EPA's analysis of the proposed 2007 base year emissions
inventory for the Knoxville Area?
X. Proposed Action on the Redesignation Request and Maintenance Plan
SIP Revision Including Proposed Approval of the 2024 NOX
and VOC MVEBs for the Knoxville Area
XI. Statutory and Executive Order Reviews
I. What proposed actions is EPA taking?
EPA is proposing several related actions, which are summarized
below and described in greater detail throughout this notice of
rulemaking: (1) To redesignate the Knoxville Area to attainment for the
1997 8-hour ozone NAAQS; (2) to approve under section 172(c)(3) the
emissions inventory submitted with the maintenance plan; and (3) to
approve, under section 175A of the CAA, Knoxville's 1997 8-hour ozone
NAAQS maintenance plan into the Tennessee SIP, including the associated
MVEBs. In addition, and
[[Page 62028]]
related to today's actions, EPA is also notifying the public of the
status of EPA's adequacy determination for the Knoxville Area MVEBs.
First, EPA is proposing to determine that the Knoxville Area has
attained the 1997 8-hour ozone NAAQS. EPA further proposes to determine
that, if EPA's proposed approval of the 2007 baseline emissions
inventory for the Knoxville Area is finalized, the Area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
The Knoxville Area 1997 8-hour ozone area is composed of Anderson,
Blount, Jefferson, Knox, Loudon, and Sevier Counties in their
entireties, and the portion of Cocke County that falls within the
boundary of the Great Smoky Mountains National Park. In this action,
EPA is now proposing to approve a request to change the legal
designation of Anderson, Blount, Jefferson, Knox, Loudon, and Sevier
Counties in their entireties, and the portion of Cocke County that
falls within the boundary of the Great Smoky Mountains National Park in
the Knoxville Area from nonattainment to attainment for the 1997 8-hour
ozone NAAQS.
Second, EPA is proposing to approve under the CAA, Tennessee's 2007
inventory for the Knoxville Area (under section 172(c)(3)). Tennessee
selected 2007 as the attainment emissions inventory year for the
Knoxville Area. This attainment inventory identifies the level of
emissions in the Area, which is sufficient to attain the 1997 8-hour
ozone NAAQS.
Third, EPA is proposing to approve Tennessee's 1997 8-hour ozone
NAAQS maintenance plan for the Knoxville Area (such approval being one
of the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to help keep the Knoxville Area in
attainment of the 1997 8-hour ozone NAAQS through 2024. Consistent with
the CAA, the maintenance plan that EPA is proposing to approve today
also includes 2024 NOX and VOC MVEBs. EPA is proposing to
approve (into the Tennessee SIP) the 2024 MVEBs that are included as
part of Tennessee's maintenance plan for the 1997 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the newly-established 2024 NOX and VOC MVEBs for
the Knoxville Area. The Adequacy comment period for the Knoxville Area
2024 MVEBs began on June 15, 2010, with EPA's posting of the
availability of this submittal on EPA's Adequacy Web site. (https://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy
comment period for these MVEBs closed on July 15, 2010. No adverse
comments were received during the Adequacy public comment period. On
September 15, 2010, EPA published its adequacy notice for the 2024
MVEB's for the Knoxville Area (75 FR 55977). Please see section VIII of
this proposed rulemaking for further explanation of this process, and
for more details on the MVEBs determination.
Today's notice of proposed rulemaking is in response to Tennessee's
July 14, 2010, SIP submittal requesting the redesignation of the
Knoxville 1997 8-hour ozone area, and includes a SIP revision
addressing the specific issues summarized above and the necessary
elements for redesignation described in section 107(d)(3)(E) of the
CAA.
II. What is the background for EPA's proposed actions?
The CAA establishes a process for air quality management through
the NAAQS. Ozone is a criteria pollutant for which NAAQS are
established. On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million (ppm).\1\ These NAAQS are more
stringent than the previous 1-hour ozone NAAQS. Under EPA regulations
found at 40 CFR part 50, the 1997 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 0.08 ppm (i.e., 0.084 ppm when rounding is considered). (See 69 FR
23857 (April 30, 2004) for further information.) Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the percent of days with valid ambient
monitoring data is greater than 90 percent, on average, and no single
year has less than 75 percent data completeness as determined in
Appendix I of part 50. Specifically, section 2.3 of 40 CFR part 50,
Appendix I, ``Comparisons with the Primary and Secondary Ozone
Standards'' states:
---------------------------------------------------------------------------
\1\ Ground-level ozone is not emitted directly by sources.
Rather, emissions of NOX and VOC react in the presence of
sunlight to form ground-level ozone. As a result, NOX and
VOC are referred to as precursors of ozone.
The primary and secondary ozone ambient air quality standards
are met at an ambient air quality monitoring site when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the
rounding convention for comparing the computed 3-year average annual
fourth-highest daily maximum 8-hour average ozone concentration with
the level of the standard. The third decimal place of the computed
value is rounded, with values equal to or greater than 5 rounding
up. Thus, a computed 3-year average ozone concentration of 0.085 ppm
---------------------------------------------------------------------------
is the smallest value that is greater than 0.08 ppm.
The CAA required EPA to designate as nonattainment any area that
was violating the 1997 8-hour ozone NAAQS based on the three most
recent years of ambient air quality data. The Knoxville Area was
initially designated nonattainment for the 1997 8-hour ozone NAAQS
using 2001-2003 ambient air quality data. The Federal Register document
making these designations was published on April 30, 2004 (69 FR
23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and control requirements for ozone nonattainment
areas. (Both are found in title I, part D.) Subpart 1 (which EPA refers
to as ``basic'' nonattainment) contains general, less prescriptive,
requirements for nonattainment areas for any pollutant--including
ozone--governed by a NAAQS. Subpart 2 (which EPA refers to as
``classified'' nonattainment) provides more specific requirements for
certain ozone nonattainment areas. Under EPA's Phase I 1997 8-Hour
Ozone Implementation Rule (69 FR 23857) (Phase I Rule), published April
30, 2004, an area was classified under subpart 2 based on its 1997 8-
hour ozone design value (i.e., the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations), if it had a
1-hour design value at or above 0.121 ppm (the lowest 1-hour design
value in Table 1 of subpart 2). All other areas were covered under
subpart 1, based upon their 8-hour ambient air quality design values.
Knox County (which is a part of the Knoxville Area) was originally
designated as marginal nonattainment for the 1-hour ozone NAAQS on
November 6, 1991 (56 FR 56694). Knox County was redesignated as
attainment for the 1-hour ozone NAAQS on September 27, 1993 (58 FR
50271). At that same time, Anderson, Blount, Cocke, Jefferson, Loudon
and Sevier Counties in their entireties were designated attainment/
unclassifiable for the 1-hour ozone NAAQS. On April 30, 2004, EPA
designated the Knoxville Area (of which Knox County is a part) as a
``basic'' (subpart 1) 8-hour ozone nonattainment area (69 FR 23857,
April 30, 2004). When Tennessee submitted
[[Page 62029]]
its final redesignation request on July 14, 2010, the Knoxville Area
was classified under subpart 1 of the CAA, and was obligated to meet
only the subpart 1 requirements.
EPA promulgated implementation rules for the 1997 8-hour ozone
NAAQS. These rules were published in 2 phases. The Phase I
Implementation Rule (69 FR 23951, April 30, 2004) was published at the
same time as the ozone designations and addresses such topics as
classifications, revocation of the 1-hour NAAQS, anti-backsliding
principles, and timing for emission reductions. The Phase II Rule was
published November 29, 2005, (72 FR 31727) and addressed remaining
implementation issues not covered by the Phase 1 Rule. Various aspects
of EPA's Phase 1 Rule were challenged in court. On December 22, 2006,
the U.S. Court of Appeals for the District of Columbia Circuit (DC
Circuit Court) vacated EPA's Phase 1 Rule (69 FR 23951, April 30,
2004). South Coast Air Quality Management Dist. (SCAQMD) v. EPA, 472
F.3d 882 (DC Cir. 2006). On June 8, 2007, in response to several
petitions for rehearing, the DC Circuit Court clarified that the Phase
I Rule was vacated only with regard to those parts of the Rule that had
been successfully challenged. Therefore, the Phase I Rule provisions
related to classifications for areas currently classified under subpart
2 of title I, part D of the CAA as 1997 8-hour ozone NAAQS
nonattainment areas, the 1997 8-hour ozone NAAQS attainment dates and
the timing for emissions reductions needed for attainment of the 1997
8-hour ozone NAAQS remain effective. The June 8th decision left intact
the court's rejection of EPA's reasons for implementing the 1997 8-hour
NAAQS in certain nonattainment areas under subpart 1 in lieu of subpart
2, i.e., the court's rejection of the subpart 1 classification. By
limiting the vacatur, the court let stand EPA's revocation of the 1-
hour NAAQS and those anti-backsliding provisions of the Phase I Rule
that had not been successfully challenged. The June 8th decision
reaffirmed the December 22, 2006, decision that EPA had improperly
failed to retain measures required for 1-hour nonattainment areas under
the anti-backsliding provisions of the regulations: (1) Nonattainment
area New Source Review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) Section 185 penalty fees for 1-hour
severe or extreme nonattainment areas; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress (RFP)
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS. The June 8th decision clarified that the court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of 1-hour MVEBs until 1997 8-hour ozone
NAAQS budgets were available for 8-hour ozone conformity
determinations, which is already required under EPA's conformity
regulations. The court thus clarified that 1-hour ozone conformity
determinations are not required for anti-backsliding purposes.
This section sets forth EPA's views on the potential effect of the
court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the court's rulings alter
any requirements relevant to this redesignation action so as to
preclude redesignation, nor does EPA believe the court's ruling
prevents EPA from proposing or ultimately finalizing this
redesignation. EPA believes that the court's December 22, 2006, and
June 8, 2007, decisions impose no impediment to moving forward with
redesignation of the Knoxville Area to attainment.
With respect to the 1997 8-hour ozone NAAQS, the court's ruling
rejected EPA's reasons for classifying areas under subpart 1 for the
1997 8-hour ozone NAAQS, and remanded that matter back to the Agency.
In its January 16, 2009, proposed rulemaking in response to the SCAQMD
decision, EPA has proposed to classify the Knoxville Area under subpart
2 as a moderate area (74 FR 2936). If EPA finalizes the
reclassification of the Knoxville Area before the July 14, 2010,
redesignation request is approved, the requirements under subpart 2
will become applicable when they are due. EPA proposed a deadline for
submission of these requirements of one year after the effective date
of the final rulemaking classifying this and other areas (74 FR 2940-
2941). However, EPA believes that this does not preclude this
redesignation from being approved. This belief is based upon: (1) EPA's
longstanding policy of evaluating requirements in accordance with the
requirements due at the time redesignation request is submitted; and
(2) consideration of the inequity of applying retroactively any
requirements that might in the future be applied.
First, at the time the redesignation request was submitted, the
Knoxville Area was not classified under subpart 2, nor were subpart 2
requirements yet due for this Area. Under EPA's longstanding
interpretation of section 107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant SIP requirements that came due prior to the submittal
of a complete redesignation request. September 4, 1992, Calcagni
Memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also the September 17, 1993, Michael Shapiro
Memorandum (''State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on
or after November 15, 1992,'' Memorandum from Michael Shapiro, Acting
Assistant Administrator for Air and Radiation), and 60 FR 12459, 12465-
66 (March 7, 1995) (Redesignation of Detroit-Ann Arbor, Michigan);
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) (upholding this
interpretation); 68 FR 25418, 25424, 25427 (May 12, 2003)
(redesignation of St. Louis, Missouri).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The DC Circuit Court has recognized the inequity in such
retroactive rulemaking (see Sierra Club v. Whitman 285 F. 3d 63 (DC
Cir. 2002)), in which the court upheld a district court's ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory due date. Such a determination would have
resulted in the imposition of additional requirements on the area. The
court stated, ``[a]lthough EPA failed to make the nonattainment
determination within the statutory frame, Sierra Club's proposed
solution only makes the situation worse. Retroactive relief would
likely impose large costs on the states, which would face fines and
suits for not implementing air pollution prevention plans in 1997, even
though they were not on notice at the time.'' Id. at 68. Similarly
here, it would be unfair to penalize the Knoxville Area by applying to
it, for purposes of redesignation, additional SIP requirements under
subpart 2 that were not in effect or yet due at the time it submitted
its redesignation request, or the time that the Knoxville Area attained
the NAAQS.
With respect to the requirements under the 1-hour ozone NAAQS, only
the Knox County portion of the Knoxville Area was originally designated
as a marginal nonattainment for the 1-hour ozone NAAQS in November 6,
1991 (56 FR 56694); the remainder of the Knoxville Area was
[[Page 62030]]
designated as attainment. Knox County was redesignated as attainment
for the 1-hour ozone NAAQS on September 27, 1993 (58 FR 50271).
Therefore, Knox County was redesignated to attainment of the 1-hour
ozone NAAQS prior to its nonattainment designation for the 1997 8-hour
ozone NAAQS. As a result, Knox County (as part of the Knoxville Area)
is considered to be a 1-hour attainment area subject to a CAA section
175A maintenance plan for the 1-hour ozone NAAQS. The DC Circuit
Court's decisions do not impact redesignation requests for these types
of areas, except to the extent that the court, in its June 8th
decision, clarified that for those areas with 1-hour MVEBs in their
maintenance plans, anti-backsliding requires that those 1-hour budgets
must be used for 8-hour conformity determinations until they are
replaced by 1997 8-hour budgets. To meet this requirement, conformity
determinations in such areas must comply with the applicable
requirements of EPA's conformity regulations at 40 CFR part 93.
First, there are no conformity requirements relevant for evaluating
the Knoxville Area redesignation request, such as a transportation
conformity SIP.\2\ It is EPA's longstanding policy that it is
reasonable to interpret the conformity SIP requirements as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See 40 CFR 51.390; see also Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001) (upholding EPA's interpretation); 60 FR 62748 (Dec. 7, 1995)
(redesignation of Tampa, Florida). Tennessee currently has a fully
approved 1-hour ozone transportation conformity SIP, which was approved
on May 16, 2003 (68 FR 26492).
---------------------------------------------------------------------------
\2\ CAA Section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the motor vehicle emission budgets that are
established in control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
Second, with regard to the three other anti-backsliding provisions
for the 1-hour standard that the DC Circuit Court found were not
properly retained, Knox County, Tennessee is an attainment area subject
to a maintenance plan for the 1-hour standard, and the NSR requirement
no longer applies to this area because it was redesignated to
attainment of the 1-hour standard. Because Knox County was redesignated
as a 1-hour attainment area, the contingency measure (pursuant to
section 172(c)(9) or 182(c)(9)) and fee provision requirements no
longer apply to the Knoxville Area. As a result, the decisions in
SCAQMD should not alter any requirements that would preclude EPA from
finalizing the redesignation of the Knoxville Area to attainment for
the 1997 8-hour ozone NAAQS.
As was noted earlier, in 2009, the ambient ozone data for the
Knoxville Area indicated no further violations of the 1997 8-hour ozone
NAAQS, using data from the 3-year period of 2007-2009 to demonstrate
attainment. As a result, on July 14, 2010, Tennessee requested
redesignation of the Knoxville Area to attainment for the 1997 8-hour
ozone NAAQS. The redesignation request included three years of
complete, quality-assured ambient air quality data for the ozone
seasons (March 1st through October 31st) of 2007-2009, indicating that
the 1997 8-hour ozone NAAQS has been achieved for the entire Knoxville
Area. Under the CAA, nonattainment areas may be redesignated to
attainment if sufficient, complete, quality-assured data is available
for the Administrator to determine that the area has attained the
standard and the area meets the other CAA redesignation requirements in
section 107(d)(3)(E). The 1997 8-hour ozone design values for the
Knoxville Area indicate that between 1999 and 2009, ozone
concentrations declined noticeably at both high and low evaluations.
While ozone concentrations are dependent on a variety of conditions,
the likely reason for the overall downtrend in ozone concentrations in
the Knoxville Area is most likely due to the reduction of NOx emissions
that have occurred since 2004.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and, (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division, June
18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSDs) for Redesignation of Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for Areas
[[Page 62031]]
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
IV. Why is EPA proposing these actions?
On July 14, 2010, Tennessee, through TDEC, requested redesignation
of the Knoxville Area to attainment for the 1997 8-hour ozone NAAQS.
EPA's evaluation indicates that the Knoxville Area has attained the
1997 8-hour ozone NAAQS and has met the requirements for redesignation
set forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. EPA is also proposing to
approve the 2007 baseline emission inventory under section 172(c)(3)
because Tennessee has used methodology consistent with EPA guidance and
implementing regulations to develop this inventory. EPA is also
announcing the status of its adequacy determination of the 2024
NOX and VOC MVEBs which are relevant to the requested
redesignation.
V. What is the effect of EPA's proposed actions?
EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Tennessee's redesignation request would change the legal designation
of the Anderson, Blount, Jefferson, Knox, Loudon, and Sevier Counties
in their entireties, and the portion of Cocke County that falls within
the boundary of the Great Smoky Mountains National Park for the 1997 8-
hour ozone NAAQS found at 40 CFR part 81 from nonattainment to
attainment. Approval of Tennessee's request would also incorporate into
the Tennessee SIP, a plan for maintaining the 1997 8-hour ozone NAAQS
in the Knoxville Area through 2024. This maintenance plan includes
contingency measures to remedy future violations of the 1997 8-hour
ozone NAAQS. The maintenance plan also establishes NOX and
VOC MVEBs for the Knoxville Area. The NOX and VOC MVEBs for
2024 for the Knoxville Area are 36.32 tons per day (tpd) and 25.19 tpd,
respectively. Final action would also approve the Area's emissions
inventory under section 172(c)(3). Approval of Tennessee's maintenance
plan would also result in approval of the NOX and VOC MVEBs.
Additionally, EPA is notifying the public of the status of its adequacy
determination for the 2024 NOX and VOC MVEBs pursuant to 40
CFR 93.118(f)(1).
VI. What is EPA's analysis of the request?
EPA is proposing to make the determination that the Knoxville 1997
8-hour ozone nonattainment area has attained the 1997 8-hour ozone
NAAQS, and that all other redesignation criteria have been met for the
Knoxville Area. The basis for EPA's determination for the Area is
discussed in greater detail below.
Criteria (1)--The Knoxville Area Has Attained the 1997 8-Hour Ozone
NAAQS
EPA is proposing to determine that the Knoxville Area has attained
the 1997 8-hour ozone NAAQS. For ozone, an area may be considered to be
attaining the 1997 8-hour ozone NAAQS if it meets the 1997 8-hour ozone
standard, as determined in accordance with 40 CFR 50.10 and Appendix I
of part 50, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain these NAAQS, the
3-year average of the fourth-highest daily maximum 8-hour average ozone
concentrations measured at each monitor within an area over each year
must not exceed 0.08 ppm. Based on the data handling and reporting
convention described in 40 CFR part 50, appendix I, the NAAQS are
attained if the design value is 0.084 ppm or below. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in the EPA Air Quality System (AQS). The monitors generally
should have remained at the same location for the duration of the
monitoring period required for demonstrating attainment.
EPA reviewed ozone monitoring data from ambient ozone monitoring
stations in the Knoxville Area for the ozone season from 2007-2009.
These data have been quality-assured and are recorded in AQS. The
fourth-highest 8-hour ozone average for 2007, 2008 and 2009, and the 3-
year average of these values (i.e., design values), are summarized in
the following Table 1 of this proposed rulemaking.
Table 1--Design Value Concentrations for the Knoxville 8-Hour Ozone Area (ppm)
----------------------------------------------------------------------------------------------------------------
Eight-hour design values (ppm)
County Site name Monitor ID -----------------------------------------------
2005-2007 2006-2008 2007-2009
----------------------------------------------------------------------------------------------------------------
Anderson.................. Freels Bend Study 470010101-1 0.080 0.077 0.072
Area.
Blount.................... Look Rock, GSMNP.... 470090101-1 0.086 0.085 0.079
Cades Cove, GSMNP... 470090102-1 0.070 0.072 0.069
Jefferson................. 1188 Lost Creek Road 470890002-1 0.084 0.081 0.076
Knox...................... 9315 Rutledge Pike.. 470930021-1 0.081 0.081 0.077
4625 Mildred Drive.. 470931020-1 0.088 0.088 0.082
Loudon.................... 1703 Roberts Road... 47105109-1 0.085 0.082 0.077
Sevier.................... Cove Mountain, GSMNP 47155101-1 0.082 0.082 0.079
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As discussed above, the design value for an area is the highest 3-
year average of the annual fourth-highest 8-hour ozone value recorded
at any monitor in the area. Therefore, the most recent 3-year design
value (2007-2009) for the Knoxville Area is 0.082 ppm, which meets the
NAAQS as described above. Current air quality data show that the Area
continues to attain the NAAQS. If the Area does not continue to attain
until EPA finalizes the redesignation, EPA will not go forward with the
redesignation. As discussed in more detail below, the State of
Tennessee has committed to continue monitoring in this Area in
accordance with 40 CFR part 58. EPA proposes to find that the Knoxville
Area has attained the 1997 8-hour ozone NAAQS.
[[Page 62032]]
Criteria (2)--Tennessee Has a Fully Approved SIP Under Section 110(k)
for the Knoxville Area and Criteria (5)--Tennessee Has Met All
Applicable Requirements Under Section 110 and Part D of the CAA
Below is a summary of how these two criteria were met.
EPA proposes to find that Tennessee has met all applicable SIP
requirements for the Knoxville Area under section 110 of the CAA
(general SIP requirements) for purposes of redesignation. EPA also
proposes to find that the Tennessee SIP satisfies the criterion that it
meet applicable SIP requirements for purposes of redesignation under
part D of title I of the CAA (requirements specific to subpart 1 basic
1997 8-hour ozone nonattainment areas) in accordance with section
107(d)(3)(E)(v). In addition, EPA proposes to determine that the SIP is
fully approved with respect to all requirements applicable for purposes
of redesignation in accordance with section 107(d)(3)(E)(ii). In making
these determinations, EPA ascertained which requirements are applicable
to the Area and that if applicable, they are fully approved under
section 110(k). SIPs must be fully approved only with respect to
applicable requirements.
a. Knoxville Area Has Met All Applicable Requirements Under Section 110
and Part D of the CAA
The September 4, 1992, Calcagni Memorandum describes EPA's
interpretation of section 107(d)(3)(E). Under this interpretation, to
qualify for redesignation, states requesting redesignation to
attainment must meet only the relevant CAA requirements that come due
prior to the submittal of a complete redesignation request. See also
Michael Shapiro Memorandum, (``SIP Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide NAAQS On or After November 15, 1992,'' September 17, 1993); 60
FR 12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor,
Michigan). Applicable requirements of the CAA that come due subsequent
to the area's submittal of a complete redesignation request remain
applicable until a redesignation is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA; Sierra
Club, 375 F.3d 537; see also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of St. Louis, Missouri).
General SIP requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques, provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality,
and programs to enforce the limitations. General SIP elements and
requirements are delineated in section 110(a)(2) of title I, part A of
the CAA. These requirements include, but are not limited to, the
following: Submittal of a SIP that has been adopted by the state after
reasonable public notice and hearing; provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (NSR permit programs); provisions for air pollution
modeling; and provisions for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the transport
of air pollutants (NOX SIP Call \3\ and Clean Air Interstate
Rule (CAIR \4\)). The section 110(a)(2)(D) requirements for a state are
not linked with a particular nonattainment area's designation and
classification in that state. EPA believes that the requirements linked
with a particular nonattainment area's designation and classifications
are the relevant measures to evaluate in reviewing a redesignation
request. The transport SIP submittal requirements, where applicable,
continue to apply to a state regardless of the designation of any one
particular area in the state. Thus, we do not believe that the CAA's
interstate transport requirements should be construed to be applicable
requirements for purposes of redesignation.
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\3\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, Tennessee developed rules governing the
control of NOX emissions from Electric Generating Units
(EGUs), major non-EGU industrial boilers, major cement kilns, and
internal combustion engines. On January 22, 2004, EPA approved
Tennessee's rules as fulfilling Phase I (69 FR 3015) and Phase II on
December 27, 2005 (70 FR 76408).
\4\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR which
required 28 upwind States and the District of Columbia to revise
their SIPs to include control measures that would reduce emissions
of sulfur dioxide and NOX. Various aspects of CAIR rule
were petitioned in court and on December 23, 2008, the U.S. Court of
Appeals for the District of Columbia Circuit remanded CAIR to EPA
(see North Carolina v. EPA, 550 F.3d 1176 (DC Cir., 2008)) which
left CAIR in place to ``temporarily preserve the environmental
values covered by CAIR'' until EPA replaces it with a rule
consistent with the court's decision. The court directed EPA to
remedy various areas of the rule that were petitioned consistent
with its July 11, 2008, opinion (see, North Carolina v. EPA, 531
F.3d 836 (DC Cir., 2008)), but declined to impose a schedule on EPA
for completing that action. Id. Therefore, CAIR is currently in
effect in Tennessee.
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In addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D
requirements, which are linked with a particular area's designation and
classification, are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania redesignation (66 FR 50399, October 19, 2001).
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Therefore, as was discussed above, for purposes of redesignation, they
are not considered applicable requirements. Nonetheless, EPA notes it
has previously approved provisions in the Tennessee SIP addressing
section 110 elements under the 1-hour ozone NAAQS (45 FR 53809, August
13, 1980). The State believes that the section 110 SIP approved for the
1-hour ozone NAAQS are sufficient to meet the requirements under the
1997 8-hour ozone NAAQS. Tennessee submitted a letter dated December
14, 2007, setting forth its belief that the section 110 SIP approved
for the 1-hour ozone NAAQS is also sufficient to meet the requirements
under the 1997 8-hour ozone NAAQS. EPA has not yet approved this
submission, but such
[[Page 62033]]
approval is not necessary for purposes of redesignation.
Part D requirements. EPA proposes that if EPA approves Tennessee's
base year emissions inventory, which is part of the maintenance plan
submittal, the Tennessee SIP will meet applicable SIP requirements
under part D of the CAA. We believe the emissions inventory is
approvable because the 2007 VOC and NOx emissions for
Tennessee were developed consistent with EPA guidance for emission
inventories, and the choice of the 2007 base year is appropriate
because it represents the 2007-2009 period when the 1997 8-hour ozone
NAAQS were not violated.
Part D, subpart 1 applicable SIP requirements. EPA has determined
that, if EPA finalizes the approval of the base year emissions
inventories discussed in section IX of this rulemaking, the Tennessee
SIP will meet the applicable SIP requirements for the Knoxville Area
applicable for purposes of redesignation under part D of the CAA.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets for the
basic nonattainment requirements applicable to all nonattainment areas.
Subpart 2 of part D, which includes section 182 of the CAA, establishes
additional specific requirements depending on the area's nonattainment
classification. Since the Knoxville Area was not classified under
subpart 2 at the time the redesignation request was submitted, the
subpart 2 requirements do not apply for purposes of evaluating the
Tennessee's redesignation request. The applicable subpart 1
requirements are contained in sections 172(c)(1)-(9) and in section
176. A thorough discussion of the requirements contained in section 172
can be found in the General Preamble for Implementation of title I (57
FR 13498).
Subpart 1 Section 172 Requirements.\5\ For purposes of evaluating
this redesignation request, the applicable section 172 SIP requirements
for the Knoxville Area are contained in sections 172(c)(1)-(9). A
thorough discussion of the requirements contained in section 172 can be
found in the General Preamble for Implementation of Title I (57 FR
13498, April 16, 1992).
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\5\ On August 3, 2010, EPA proposed to approve a clean data
determination for the Knoxville Area for the 1997 8-hour ozone NAAQS
(75 FR 45568). If EPA takes final action on this determination,
under the provisions of EPA's ozone implementation rule (see 40 CFR
Section 51.918), the requirements for the State of Tennessee to
submit an attainment demonstration and associated reasonably
available control measures plan, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the 1997 8-hour
ozone NAAQS for the Knoxville Area, shall be suspended for as long
as the Area continues to meet the 1997 8-hour ozone NAAQS.
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Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all reasonably available control
measures (RACM) as expeditiously as practicable and to provide for
attainment of the national primary ambient air quality standards. EPA
interprets this requirement to impose a duty on all nonattainment areas
to consider all available control measures and to adopt and implement
such measures as are reasonably available for implementation in each
area as components of the area's attainment demonstration.
The RFP plan requirement under section 172(c)(2) is defined as
progress that must be made toward attainment. This requirement is not
relevant for purposes of redesignation because the Knoxville Area has
monitored attainment of the ozone NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.918. In addition, because the Knoxville Area
has attained the ozone NAAQS and is no longer subject to an RFP
requirement, the requirement to submit the section 172(c)(9)
contingency measures is not applicable for purposes of redesignation.
Id.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. As
part of Tennessee's redesignation request for the Knoxville Area,
Tennessee submitted a 2007 base year emissions inventory. As discussed
below in section IX, EPA is proposing to approve the 2007 base year
inventory that Tennessee submitted with the redesignation request as
meeting the section 172(c)(3) emissions inventory requirement.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has determined that,
since PSD requirements will apply after redesignation, areas being
redesignated need not comply with the requirement that a NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Tennessee has demonstrated that the
Knoxville Area will be able to maintain the NAAQS without part D NSR in
effect; therefore, EPA concludes that Tennessee need not have fully
approved part D NSR programs prior to approval of the redesignation
request. Tennessee's PSD programs will become effective in the
Knoxville Area upon redesignation to attainment. See rulemakings for
Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-
Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan
(61 FR 31834-31837, June 21, 1996).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the
Tennessee SIP meets the requirements of section 110(a)(2) applicable
for purposes of redesignation.
Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally-supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under title 23 of the United States Code
(U.S.C.) and the Federal Transit Act (transportation conformity) as
well as to all other federally-supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with federal conformity regulations relating to
consultation, enforcement and enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA believes it is reasonable to interpret the conformity SIP
requirements \6\ as not applying for purposes of evaluating the
redesignation request under section 107(d) because state conformity
rules are still required after redesignation and federal conformity
rules apply where state rules have not been approved. See Wall, 265
F.3d 426 (upholding this interpretation);
[[Page 62034]]
see also 60 FR 62748 (December 7, 1995, Tampa, Florida). Tennessee
submitted its transportation conformity SIP for 1-hour ozone on March
19, 2002. EPA issued a direct final rule approving Tennessee's
Transportation Conformity SIP on May 16, 2003 (68 FR 26492).
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\6\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the motor vehicle emission budgets that are
established in control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
NSR Requirements. EPA has also determined that areas being
redesignated need not comply with the requirement that a NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without a part D NSR program in effect since
PSD requirements will apply after redesignation. The rationale for this
view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled
``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment.'' Tennessee has demonstrated
that the Knoxville Area will be able to maintain the NAAQS without a
part D NSR program in effect, and therefore, Tennessee need not have a
fully-approved part D NSR program prior to approval of the
redesignation request. However, Tennessee currently has a fully-
approved part D NSR program in place. Tennessee's PSD program will
become effective in the Knoxville Area upon redesignation to
attainment. See rulemakings for Detroit, Michigan (60 FR 12467-12468,
March 7, 1995); Cleveland-Akron-Lorraine, Ohio (61 FR 20458, 20469-70,
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). Thus, the
Knoxville Area has satisfied all applicable requirements for purposes
of redesignation under section 110 and part D of the CAA.
b. The Knoxville Area Has a Fully Approved Applicable SIP Under Section
110(k) of the CAA
If EPA issues a final approval of the base year emissions
inventories, EPA will have fully approved the applicable Tennessee SIP
for the Knoxville 8-hour ozone nonattainment area, under section 110(k)
of the CAA for all requirements applicable for purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request, see Calcagni Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426, plus any additional measures it may approve
in conjunction with a redesignation action. See 68 FR 25426 (May 12,
2003) and citations therein. Following passage of the CAA of 1970,
Tennessee has adopted and submitted, and EPA has fully approved at
various times, provisions addressing the various 1-hour ozone NAAQS SIP
elements applicable in Knox County, Tennessee (58 FR 50271, September
27, 1993; and 69 FR 4852, February 2, 2004).
As indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA also believes that since the part D
subpart 1 requirements did not become due prior to submission of the
redesignation request, they also are therefore not applicable
requirements for purposes of redesignation. Sierra Club v. EPA, 375
F.3d 537 (7th Cir. 2004); 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis-East St. Louis Area to attainment of
the 1-hour ozone NAAQS). With the approval of the emissions inventory,
EPA will have approved all Part D subpart 1 requirements applicable for
purposes of redesignation.
Criteria (3)--The Air Quality Improvement in the Knoxville Area 1997 8-
Hour Ozone NAAQS Nonattainment Area Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions
EPA believes that Tennessee has demonstrated that the observed air
quality improvement in the Knoxville Area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other state adopted measures.
Additionally, new emissions control programs for fuels and motor
vehicles will help ensure a continued decrease in emissions throughout
the region.
Measured reductions in ozone concentrations in and around the
Knoxville Area are largely attributable to reductions from emission
sources of VOC and NOX, which are precursors in the
formation of ozone. Table 2 summarizes several of the measures adopted
that contributed to reductions of emissions. The majority of these
reductions have been realized from federal measures related to mobile
sources and electrical power generation.
Table 2--Federal and State Measures Contributing to Emissions Reductions
------------------------------------------------------------------------
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Federal Measures:
NOX Budget Trading Program.
NOX SIP call.
National Low Emission Vehicles.
Tier 2 Vehicle Standards.
Tier 1, Tier 2 and Tier 3 (non-road).
Sources-Spark Ignition Engines (non-road).
State and Local Measures:
Stage I Vapor Recovery.
Motor Vehicle Anti-tampering Rule.
Air Quality Alert Programs.
Smart Trips Program.
------------------------------------------------------------------------
One key program, the NOX SIP, required states to make
significant, specific emissions reductions (63 FR 57356). It also
provided a mechanism, the NOX Budget Trading Program, which
states could use to achieve those reductions. When EPA promulgated
CAIR, it discontinued (starting in 2009) the NOX Budget
Trading Program, 40 CFR 51.121(r), but created another mechanism--the
CAIR ozone season trading program--which states could use to meet their
SIP Call obligations, 70 FR 25289-90. All NOX SIP Call
states have SIPs that currently satisfy their obligations under the SIP
Call, the SIP Call reduction requirements are being met, and EPA will
continue to enforce the requirements of the NOX SIP Call
even after any response to the CAIR remand. Notably, the anti-
backsliding provisions of 40 CFR 51.905(f) specifically provide that
the provisions of the NOX SIP Call, including the statewide
NOX emission budgets, continue to apply after revocation of
the 1-hour standard.
Regarding point source emissions, the Tennessee Valley Authority's
(TVA's) Bull Run Steam Plant located in Anderson County and Kingston
Steam Plant located in Roane County include a total of 10 coal-fired
boilers. As a result of EPA's ``Finding of Significant Contribution and
Rulemaking for Certain States in the Ozone Transport Assessment Group
Region for Purposes of Reducing Region Transport of Ozone''
(NOX SIP Call), TVA began operation of selective catalytic
reduction (SCR) systems in 2004 at Bull Run's unit and on eight of the
nine units at Kingston. TVA began operation of a SCR for the ninth unit
at Kingston in 2006. There was an 85 percent and 90 percent reduction
in NOX emissions from the Bull Run and Kingston facilities,
respectively from 2003 to 2008 as a result of these controls.
Furthermore, NOX emissions from all categories are projected
to decrease in the Knoxville Area by 56.1 tpd between 2007 and
[[Page 62035]]
2024 (41.5 percent reduction). Total point source NOX
emissions are projected to increase slightly (2.42 tpd), while EGU
NOX emissions are projected to remain unchanged between 2007
and 2024. For these reasons, EPA believes that regardless of the status
of the CAIR program, the NOX SIP call requirements can be
relied upon in demonstrating maintenance. Here, Tennessee has
demonstrated maintenance based in part on those requirements.
In addition, EPA undertook an analysis of the changes in
NOX expected across a broader region. In particular, EPA
reviewed available projections of NOX emissions from nearby
states from 2002 to 2018.
Table 3--2002 Base Annual Emission Inventory Summary for NOX*
[Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
States EGU point Non-EGU point Non-road Area Mobile Fires Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
AR...................................... 24,722 47,698 62,472 21,700 141,894 5,492 303,978
KY...................................... 201,928 38,434 104,571 39,507 156,417 534 541,391
LA...................................... 111,703 199,218 114,711 93,069 180,664 6,942 706,307
MS...................................... 40,433 61,533 88,787 4,200 111,914 308 307,175
MO...................................... 145,438 36,144 99,306 32,435 189,852 2,442 505,617
TN...................................... 152,137 64,344 96,827 17,844 238,577 217 569,946
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Total............................... 676,361 447,371 566,674 208,755 1,019,318 15,935 2,934,414
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