Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Tennessee: Knoxville; Determination of Attaining Data for the 1997 Annual Fine Particulate Matter Standards and 2006 24-Hour Fine Particulate Standards, 33360-33363 [2012-13715]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0153; FRL–9682–3]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Tennessee:
Knoxville; Determination of Attaining
Data for the 1997 Annual Fine
Particulate Matter Standards and 2006
24-Hour Fine Particulate Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
determinations, one regarding the
Knoxville, Tennessee, 1997 annual fine
particulate (PM2.5) nonattainment area
and one regarding the KnoxvilleSevierville-La Follette, Tennessee, 2006
24-hour PM2.5 nonattainment area (both
areas have the same geographic
boundary and will hereafter be
collectively referred to as the ‘‘Knoxville
Area’’ or ‘‘Area’’). First, EPA is
proposing to determine that the Area
has attained the 1997 annual average
PM2.5 National Ambient Air Quality
Standards (NAAQS or ‘‘standard’’).
Second, EPA is proposing to determine
that the area has attained the 2006 24hour PM2.5 NAAQS. These proposed
determinations of attaining data are
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2009–2011 period, showing
that the Area has monitored attainment
of the 1997 annual PM2.5 NAAQS and
2006 24-hour PM2.5 NAAQS. If EPA
finalizes these proposed determinations
of attaining data, the requirements for
the Area to submit attainment
demonstrations and associated
reasonably available control measures
(RACM), reasonable further progress
(RFP) plans, contingency measures, and
other planning state implementation
plan (SIP) revisions related to
attainment of the standards shall be
suspended so long as the Area continues
to attain the respective PM2.5 NAAQS.
DATES: Comments must be received on
or before July 6, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0153, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9040.
4. Mail: EPA–R04–OAR–2010–0153,
Regulatory Development Section, Air
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SUMMARY:
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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: 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 normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0153. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
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information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Sara
Waterson or Joel Huey, 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. Ms.
Waterson may be reached by phone at
(404) 562–9061 or via electronic mail at
waterson.sara@epa.gov. Mr. Huey may
be reached by phone at (404) 562–9104.
Mr. Huey can also be reached via
electronic mail at huey.joel@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking?
II. What is the background for these actions?
III. Does the Knoxville Area meet the 1997
annual PM2.5 NAAQS?
A. Criteria
B. Knoxville Area Air Quality
C. Has the Knoxville Area met the 1997
annual PM2.5 air quality standard?
IV. Does the Knoxville Area meet the 2006
24-hour PM2.5 NAAQS?
A. Criteria
B. Knoxville Area Air Quality
C. Has the Knoxville Area met the 2006 24hour PM2.5 air quality standard?
V. What is the effect of these actions?
VI. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is proposing to determine that
the Knoxville Area (comprised of
Anderson, Blount, Knox, and Loudon
Counties in their entireties and a
portion of Roane County) have
monitored attaining data for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
The proposal is based upon complete,
quality-assured and certified ambient air
monitoring data for the 2009–2011
monitoring period.
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II. What is the background for these
actions?
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter (mg/
m3) based on a 3-year average of annual
mean PM2.5 concentrations. At that time,
EPA also established a 24-hour NAAQS
of 65 mg/m3. See 40 CFR 50.7. On
January 5, 2005 (70 FR 944), EPA
published its air quality designations
and classifications for the 1997 PM2.5
NAAQS based upon air quality
monitoring data from those monitors for
calendar years 2001–2003. These
designations became effective on April
5, 2005. The Knoxville Area was
designated nonattainment for the 1997
annual PM2.5 NAAQS. See 40 CFR
81.343.
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15.0 mg/m3 based on a 3-year
average of annual mean PM2.5
concentrations, and promulgated a
24-hour NAAQS of 35 mg/m3 based on
a 3-year average of the 98th percentile
of 24-hour concentrations. The process
for designating areas following
promulgation of a new or revised
NAAQS is contained in section
107(d)(1) of the Clean Air Act (CAA).
EPA and state air quality agencies
initiated the monitoring process for the
PM2.5 NAAQS in 1999 and began
operating all air quality monitors by
January 2001. On November 13, 2009,
EPA published its air quality
designations and classifications for the
2006 24-hour PM2.5 NAAQS based upon
air quality monitoring data from those
monitors for calendar years 2006–2008
(74 FR 58688). Those designations
became effective on December 14, 2009.
The Knoxville Area was designated
nonattainment for the 2006 24-hour
PM2.5 NAAQS (see 40 CFR part 81).1
In response to legal challenges of the
annual NAAQS promulgated in 2006,
the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded this NAAQS to EPA for
further consideration. See American
Farm Bureau Federation and National
Pork Producers Council, et al. v. EPA,
559 F.3d 512 (D.C. Cir. 2009). However,
given that the 1997 and 2006 annual
NAAQS are essentially identical,
attainment of the 1997 annual NAAQS
would also indicate attainment of the
remanded 2006 annual NAAQS.
On April 25, 2007 (72 FR 20664), EPA
promulgated its PM2.5 implementation
rule, codified at 40 CFR part 51, subpart
Z, in which the Agency provided
guidance for state and tribal plans to
implement the 1997 PM2.5 NAAQS. This
rule, at 40 CFR 51.1004(c), specifies
some of the regulatory consequences of
attaining the NAAQS, as discussed
below. While 40 CFR 51.1004(c) was
promulgated as part of a set of
regulations addressing the PM2.5
NAAQS promulgated in 1997, EPA
believes that the same approach is
warranted with respect to the PM2.5
NAAQS promulgated in 2006. See
‘‘Implementation Guidance for the 2006
24–Hour Fine Particle (PM2.5) National
Ambient Air Quality Standards
(NAAQS),’’ March 2, 2012, available
online at https://www.epa.gov/ttn/naaqs/
pm/pm25_guide.html.
III. Does the Knoxville Area meet the
1997 annual PM2.5 NAAQS?
A. Criteria
Today’s proposed rulemaking assesses
whether the Knoxville Area has attained
the 1997 annual PM2.5 NAAQS, based
on the most recent three years of
quality-assured data. Under EPA
regulations at 40 CFR 50.7, the 1997
annual primary and secondary PM2.5
standards are met when the annual
arithmetic mean concentration, as
determined in accordance with 40 CFR
part 50, Appendix N, is less than or
equal to 15.0 mg/m3 at all relevant
monitoring sites in the subject area.
B. Knoxville Area Air Quality
EPA has reviewed the ambient air
monitoring data for the Knoxville Area
in accordance with the provisions of 40
CFR part 50, Appendix N. All data
considered have been quality-assured,
certified, and recorded in EPA’s Air
Quality System (AQS) database. The
2009–2011 data are used for the
determination of attaining data because
that is the most recent period of
certified data available to EPA.
Table 1 and the related discussion
below show that the Area is attaining
the standard based on available data for
2009–2011. Less than 75 percent of the
data were collected at the Bearden
Middle School site for the second
quarter of 2009 and the fourth quarter
for 2010. EPA performed a quarterly
maximum data substitution test using
40 CFR part 50 Appendix N and the
April 1999 Guideline on Data Handling
Conventions for the PM NAAQS
(www.epa.gov/ttncaaa1/t1/memoranda/
pmfinal.pdf) for the Bearden Middle
School monitor for the quarters with
less than 75 percent complete data. Less
than 75 percent of the data were
collected at the Air Lab site for the first
quarter of 2010. Coarse particular matter
(PM10) data substitution, using the April
1999 Guideline on Data Handling
Conventions for the PM NAAQS
(www.epa.gov/ttncaaa1/t1/memoranda/
pmfinal.pdf), was applied at the Air Lab
site because a PM10 sampler is colocated at the site. PM10 data
substitution was used instead of max
value substitution because the
substituted values were higher. The
three-year annual design values both
with and without data substitution are
provided in Table 1 below. EPA’s
review of these data indicates that the
Knoxville Area has met the 1997 annual
PM2.5 NAAQS.
TABLE 1—2009–2011 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE
NONATTAINMENT AREA
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Location
Site No.
Sevier Elementary School ...............................................................................................
Bearden Middle School ...................................................................................................
Air Lab .............................................................................................................................
Rule High School .............................................................................................................
1 On February 3, 2011, EPA made a technical
correction to the name of the Knoxville, Tennessee,
nonattainment area included in the November 13,
2009 (74 FR 58688), Federal Register action
designating nonattainment areas for the 2006 24hour PM2.5 NAAQS. The name of the Knoxville,
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Annual average
concentration
(μg/m3)
without data
substitution
47–009–0011
47–093–0028
47–093–1013
47–093–1017
Tennessee, nonattainment area for this NAAQS was
changed at 40 CFR 81.343 to be the KnoxvilleSevierville-La Follette, Tennessee, nonattainment
area to correspond with the name of the Core Based
Statistical Area and to provide an accurate area
name in the CFR. See 76 FR 6056, February 3, 2011.
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11.0
11.6
12.3
12.1
Annual average
concentration
(μg/m3)
with data
substitution
N/A
12.4
12.9
N/A
The geographic boundaries of the KnoxvilleSevierville-La Follette nonattainment area for the
24-hour PM2.5 NAAQS are the same as for the
Knoxville nonattainment area for the annual PM2.5
NAAQS.
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TABLE 1—2009–2011 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE
NONATTAINMENT AREA—Continued
Location
Annual average
concentration
(μg/m3)
without data
substitution
Site No.
Spring Hill Elementary School .........................................................................................
Webb Drive ......................................................................................................................
47–093–1020
47–105–0108
Annual average
concentration
(μg/m3)
with data
substitution
11.3
11.7
N/A
N/A
N/A—Not Applicable.
The Bearden Middle School monitor
has a preliminary 2009–2011 PM2.5
annual design value of 11.6 mg/m3.
Since the monitor had incomplete
quarters during the second quarter of
2009 and fourth quarter of 2010,
quarterly maximum data substitution
was conducted. The annual mean was
recalculated, and the resulting 2009–
2011 PM2.5 annual design value with
data substitution is 12.4 mg/m3. The Air
Lab monitor has a preliminary 2009–
2011 PM2.5 annual design value of 12.3
mg/m3. The monitor had one incomplete
quarter during the first quarter of 2010,
and PM10 data substitution was
conducted. The annual mean was
recalculated, and the resulting 2009–
2011 PM2.5 annual design value with
data substitution is 12.9 mg/m3. Because
the design values with data substitution
are below the 15.0 mg/m3 standard, both
monitors are considered to be attaining
the 1997 annual NAAQS. The official
design values of the monitors are 11.6
mg/m3 and 12.3 mg/m3, respectively. On
the basis of this review, EPA is
proposing to determine that the
Knoxville Area has attained the 1997
annual PM2.5 NAAQS.
C. Has the Knoxville Area met the 1997
annual PM2.5 air quality standard?
EPA has reviewed the ambient air
monitoring data for PM2.5, consistent
with the requirements contained in 40
CFR part 50 and recorded the data in the
EPA AQS database, for the Knoxville
Area. Based on EPA’s review of the data
for 2009–2011, EPA proposes to
determine that the Area attained the
1997 annual PM2.5 NAAQS.
IV. Does the Knoxville Area meet the
2006 24-hour PM2.5 NAAQS?
A. Criteria
Today’s proposed rulemaking assesses
whether the Knoxville Area has attained
the 2006 24-hour PM2.5 NAAQS, based
on the most recent three years of
quality-assured data. Under EPA
regulations at 40 CFR 50.13, the 2006
24-hour primary and secondary PM2.5
standards are met when the 98th
percentile 24-hour concentration, as
determined in accordance with 40 CFR
part 50, Appendix N, is less than or
equal to 35 mg/m3 at all relevant
monitoring sites in the subject area.
B. Knoxville Area Air Quality
EPA has reviewed the ambient air
monitoring data for the Knoxville Area
in accordance with the provisions of 40
CFR part 50, Appendix N. All data
considered have been quality-assured,
certified, and recorded in EPA’s AQS
database. The 2009–2011 data are used
for the determination of attaining data
because that is the most recent period of
certified data available to EPA.
Table 2 and the related discussion
below show that the Area is attaining
the standard based on available data for
2009–2011. Less than 75 percent of the
data were collected at the Bearden
Middle School site for the second
quarter of 2009 and the fourth quarter
for 2010. EPA performed a quarterly
maximum data substitution test using
40 CFR part 50 Appendix N and the
April 1999 Guideline on Data Handling
Conventions for the PM NAAQS
(www.epa.gov/ttncaaa1/t1/memoranda/
pmfinal.pdf) for the Bearden Middle
School monitor for the quarters with
less than 75 percent complete data. Less
than 75 percent of the data were
collected at the Air Lab site for the first
quarter of 2010. Coarse particulate
matter (PM10) data substitution, using
the April 1999 Guideline on Data
Handling Conventions for the PM
NAAQS (www.epa.gov/ttncaaa1/t1/
memoranda/pmfinal.pdf), was applied
at the Air Lab site because a PM10
sampler is co-located at the site. PM10
data substitution was used instead of
max value substitution because the
substituted values were higher. The
three-year annual design values both
with and without data substitution are
provided in Table 2 below. EPA’s
review of these data indicates that the
Knoxville Area has met the 2006 24hour PM2.5 NAAQS.
TABLE 2—2009–2011 24-HOUR AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE
NONATTAINMENT AREA
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Location
Annual average
concentration
(μg/m3)
without data
substitution
Site No.
Sevier Elementary School ...............................................................................................
Bearden Middle School ...................................................................................................
Air Lab .............................................................................................................................
Rule High School .............................................................................................................
Spring Hill Elementary School .........................................................................................
Webb Drive ......................................................................................................................
47–009–0011
47–093–0028
47–093–1013
47–093–1017
47–093–1020
47–105–0108
21
24
24
24
23
24
Annual average
concentration
(μg/m3)
with data
substitution
N/A
27
29
N/A
N/A
N/A
N/A—Not Applicable.
The Bearden Middle School monitor
has a preliminary 2009–2011 PM2.5 24-
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hour design value of 24 mg/m3. Since the
monitor had incomplete quarters during
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the second quarter of 2009 and fourth
quarter of 2010, quarterly maximum
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data substitution was conducted. The
24-hour mean was recalculated, and the
resulting 2009–2011 PM2.5 24-hour
design value with data substitution is 27
mg/m3. The Air Lab monitor has a
preliminary 2009–2011 PM2.5 24-hour
design value of 24 mg/m3. The monitor
had one incomplete quarter during the
first quarter of 2010, and PM10 data
substitution was conducted. The 24hour mean was recalculated, and the
resulting 2009–2011 PM2.5 24-hour
design value with data substitution is 29
mg/m3. Because the design values with
data substitution are below the 35 mg/m3
standard, both monitors are considered
to be attaining the 2006 24-hour
NAAQS. The official design values of
the monitors are 24 mg/m3 and 24 mg/m3,
respectively. On the basis of this review,
EPA is proposing to determine that the
Knoxville Area has attained the 2006
24-hour PM2.5 NAAQS.
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C. Has the Knoxville Area met the 2006
24-hour PM2.5 air quality standard?
EPA has reviewed the ambient air
monitoring data for PM2.5, consistent
with the requirements contained in 40
CFR part 50 and recorded the data in the
EPA AQS database, for the Knoxville
Area. Based on EPA’s review of the data
for 2009–2011, EPA proposes to
determine that the Area attained the
2006 24-hour PM2.5 NAAQS.
V. What is the effect of these actions?
If these proposed determinations of
attaining data are made final, the
requirements for the Knoxville Area to
submit attainment demonstrations and
associated RACM, RFP plans,
contingency measures, and any other
planning SIPs related to attainment of
either the 1997 annual or the 2006 24hour PM2.5 NAAQS would be
suspended for so long as the Area
continues to attain the applicable PM2.5
NAAQS. See 40 CFR 51.1004(c).
Notably, as described below, any such
determination would not be equivalent
to the redesignation of the Area to
attainment for the 1997 annual or 2006
24-hour PM2.5 NAAQS.
If these proposed rulemakings are
finalized and EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the Area has violated either the 1997
annual or 2006 24-hour PM2.5 NAAQS,
the basis for the suspension of the
specific requirements would no longer
exist for the Knoxville Area for the
NAAQS (i.e, the 1997 annual or the
2006 24-hour NAAQS) which was
violated, and the Area would thereafter
have to address the applicable
requirements for that particular
NAAQS. See 40 CFR 51.1004(c).
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Finalizing these proposed actions
would not constitute a redesignation of
the Area to attainment of the 1997
annual or 2006 24-hour PM2.5 NAAQS
under section 107(d)(3) of the CAA.
Further, finalizing these proposed
actions does not involve approving a
maintenance plan for the Area as
required under section 175A of the
CAA, nor would it find that the Area
has met all other requirements for
redesignation. Even if EPA finalizes the
proposed actions, the designation status
of the Knoxville Area would remain
nonattainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS until such
time as EPA determines that the Area
meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the Area.
If the Knoxville Area continues to
monitor attainment of the 1997 annual
PM2.5 NAAQS, the requirements for the
Knoxville Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning SIPs related to
attainment of the 1997 annual PM2.5
NAAQS will remain suspended.
Further, if the Knoxville Area continues
to monitor attainment of the 2006 24hour PM2.5 NAAQS, the requirements
for the Knoxville Area to submit an
attainment demonstration and
associated RACM, RFP plan,
contingency measures, and any other
planning SIPs related to attainment of
the 2006 24-hour PM2.5 NAAQS will
remain suspended.
VI. Statutory and Executive Order
Reviews
These actions propose to make
determinations of attaining data based
on air quality, and would, if finalized,
result in the suspension of certain
federal requirements, and it would not
impose additional requirements beyond
those imposed by state law. For that
reason, these proposed actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
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33363
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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, these proposed 1997 annual
and 2006 24-hour PM2.5 NAAQS
determinations for the Knoxville Area
do 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.
For purposes of judicial review, the two
determinations proposed by today’s
action are severable from one another.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–13715 Filed 6–5–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0227; FRL–9681–7]
Approval and Promulgation of
Implementation Plans; Kentucky;
Approval of Revisions to the Jefferson
County Portion of the Kentucky SIP;
New Source Review; Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\06JNP1.SGM
06JNP1
]]>Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33360-33363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13715]
[[Page 33360]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0153; FRL-9682-3]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attaining Data for the 1997 Annual Fine
Particulate Matter Standards and 2006 24-Hour Fine Particulate
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to make two determinations, one regarding the
Knoxville, Tennessee, 1997 annual fine particulate (PM2.5)
nonattainment area and one regarding the Knoxville-Sevierville-La
Follette, Tennessee, 2006 24-hour PM2.5 nonattainment area
(both areas have the same geographic boundary and will hereafter be
collectively referred to as the ``Knoxville Area'' or ``Area''). First,
EPA is proposing to determine that the Area has attained the 1997
annual average PM2.5 National Ambient Air Quality Standards
(NAAQS or ``standard''). Second, EPA is proposing to determine that the
area has attained the 2006 24-hour PM2.5 NAAQS. These
proposed determinations of attaining data are based upon complete,
quality-assured and certified ambient air monitoring data for the 2009-
2011 period, showing that the Area has monitored attainment of the 1997
annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS.
If EPA finalizes these proposed determinations of attaining data, the
requirements for the Area to submit attainment demonstrations and
associated reasonably available control measures (RACM), reasonable
further progress (RFP) plans, contingency measures, and other planning
state implementation plan (SIP) revisions related to attainment of the
standards shall be suspended so long as the Area continues to attain
the respective PM2.5 NAAQS.
DATES: Comments must be received on or before July 6, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0153, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9040.
4. Mail: EPA-R04-OAR-2010-0153, 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: 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 normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0153. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Sara Waterson or Joel Huey, 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. Ms. Waterson may be
reached by phone at (404) 562-9061 or via electronic mail at
waterson.sara@epa.gov. Mr. Huey may be reached by phone at (404) 562-
9104. Mr. Huey can also be reached via electronic mail at
huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking?
II. What is the background for these actions?
III. Does the Knoxville Area meet the 1997 annual PM2.5
NAAQS?
A. Criteria
B. Knoxville Area Air Quality
C. Has the Knoxville Area met the 1997 annual PM2.5
air quality standard?
IV. Does the Knoxville Area meet the 2006 24-hour PM2.5
NAAQS?
A. Criteria
B. Knoxville Area Air Quality
C. Has the Knoxville Area met the 2006 24-hour PM2.5
air quality standard?
V. What is the effect of these actions?
VI. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is proposing to determine that the Knoxville Area (comprised of
Anderson, Blount, Knox, and Loudon Counties in their entireties and a
portion of Roane County) have monitored attaining data for the 1997
annual and 2006 24-hour PM2.5 NAAQS. The proposal is based
upon complete, quality-assured and certified ambient air monitoring
data for the 2009-2011 monitoring period.
[[Page 33361]]
II. What is the background for these actions?
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. At that time, EPA also established a 24-hour NAAQS of
65 [mu]g/m\3\. See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA
published its air quality designations and classifications for the 1997
PM2.5 NAAQS based upon air quality monitoring data from
those monitors for calendar years 2001-2003. These designations became
effective on April 5, 2005. The Knoxville Area was designated
nonattainment for the 1997 annual PM2.5 NAAQS. See 40 CFR
81.343.
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, and promulgated a 24-hour
NAAQS of 35 [mu]g/m\3\ based on a 3-year average of the 98th percentile
of 24-hour concentrations. The process for designating areas following
promulgation of a new or revised NAAQS is contained in section
107(d)(1) of the Clean Air Act (CAA). EPA and state air quality
agencies initiated the monitoring process for the PM2.5
NAAQS in 1999 and began operating all air quality monitors by January
2001. On November 13, 2009, EPA published its air quality designations
and classifications for the 2006 24-hour PM2.5 NAAQS based
upon air quality monitoring data from those monitors for calendar years
2006-2008 (74 FR 58688). Those designations became effective on
December 14, 2009. The Knoxville Area was designated nonattainment for
the 2006 24-hour PM2.5 NAAQS (see 40 CFR part 81).\1\
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\1\ On February 3, 2011, EPA made a technical correction to the
name of the Knoxville, Tennessee, nonattainment area included in the
November 13, 2009 (74 FR 58688), Federal Register action designating
nonattainment areas for the 2006 24-hour PM2.5 NAAQS. The
name of the Knoxville, Tennessee, nonattainment area for this NAAQS
was changed at 40 CFR 81.343 to be the Knoxville-Sevierville-La
Follette, Tennessee, nonattainment area to correspond with the name
of the Core Based Statistical Area and to provide an accurate area
name in the CFR. See 76 FR 6056, February 3, 2011. The geographic
boundaries of the Knoxville-Sevierville-La Follette nonattainment
area for the 24-hour PM2.5 NAAQS are the same as for the
Knoxville nonattainment area for the annual PM2.5 NAAQS.
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In response to legal challenges of the annual NAAQS promulgated in
2006, the U.S. Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) remanded this NAAQS to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given
that the 1997 and 2006 annual NAAQS are essentially identical,
attainment of the 1997 annual NAAQS would also indicate attainment of
the remanded 2006 annual NAAQS.
On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and tribal
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40
CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the NAAQS, as discussed below. While 40 CFR 51.1004(c) was
promulgated as part of a set of regulations addressing the
PM2.5 NAAQS promulgated in 1997, EPA believes that the same
approach is warranted with respect to the PM2.5 NAAQS
promulgated in 2006. See ``Implementation Guidance for the 2006 24-Hour
Fine Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS),'' March 2, 2012, available online at https://www.epa.gov/ttn/naaqs/pm/pm25_guide.html.
III. Does the Knoxville Area meet the 1997 annual PM2.5
NAAQS?
A. Criteria
Today's proposed rulemaking assesses whether the Knoxville Area has
attained the 1997 annual PM2.5 NAAQS, based on the most
recent three years of quality-assured data. Under EPA regulations at 40
CFR 50.7, the 1997 annual primary and secondary PM2.5
standards are met when the annual arithmetic mean concentration, as
determined in accordance with 40 CFR part 50, Appendix N, is less than
or equal to 15.0 [micro]g/m\3\ at all relevant monitoring sites in the
subject area.
B. Knoxville Area Air Quality
EPA has reviewed the ambient air monitoring data for the Knoxville
Area in accordance with the provisions of 40 CFR part 50, Appendix N.
All data considered have been quality-assured, certified, and recorded
in EPA's Air Quality System (AQS) database. The 2009-2011 data are used
for the determination of attaining data because that is the most recent
period of certified data available to EPA.
Table 1 and the related discussion below show that the Area is
attaining the standard based on available data for 2009-2011. Less than
75 percent of the data were collected at the Bearden Middle School site
for the second quarter of 2009 and the fourth quarter for 2010. EPA
performed a quarterly maximum data substitution test using 40 CFR part
50 Appendix N and the April 1999 Guideline on Data Handling Conventions
for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf) for
the Bearden Middle School monitor for the quarters with less than 75
percent complete data. Less than 75 percent of the data were collected
at the Air Lab site for the first quarter of 2010. Coarse particular
matter (PM10) data substitution, using the April 1999
Guideline on Data Handling Conventions for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf), was applied at the Air Lab site
because a PM10 sampler is co-located at the site.
PM10 data substitution was used instead of max value
substitution because the substituted values were higher. The three-year
annual design values both with and without data substitution are
provided in Table 1 below. EPA's review of these data indicates that
the Knoxville Area has met the 1997 annual PM2.5 NAAQS.
Table 1--2009-2011 Annual Average PM2.5 Concentrations for Monitors in the Knoxville, Tennessee Nonattainment
Area
----------------------------------------------------------------------------------------------------------------
Annual average Annual average
concentration concentration
Location Site No. ([mu]g/m\3\) ([mu]g/m\3\)
without data with data
substitution substitution
----------------------------------------------------------------------------------------------------------------
Sevier Elementary School.................................. 47-009-0011 11.0 N/A
Bearden Middle School..................................... 47-093-0028 11.6 12.4
Air Lab................................................... 47-093-1013 12.3 12.9
Rule High School.......................................... 47-093-1017 12.1 N/A
[[Page 33362]]
Spring Hill Elementary School............................. 47-093-1020 11.3 N/A
Webb Drive................................................ 47-105-0108 11.7 N/A
----------------------------------------------------------------------------------------------------------------
N/A--Not Applicable.
The Bearden Middle School monitor has a preliminary 2009-2011
PM2.5 annual design value of 11.6 [mu]g/m\3\. Since the
monitor had incomplete quarters during the second quarter of 2009 and
fourth quarter of 2010, quarterly maximum data substitution was
conducted. The annual mean was recalculated, and the resulting 2009-
2011 PM2.5 annual design value with data substitution is
12.4 [mu]g/m\3\. The Air Lab monitor has a preliminary 2009-2011
PM2.5 annual design value of 12.3 [mu]g/m\3\. The monitor
had one incomplete quarter during the first quarter of 2010, and
PM10 data substitution was conducted. The annual mean was
recalculated, and the resulting 2009-2011 PM2.5 annual
design value with data substitution is 12.9 [mu]g/m\3\. Because the
design values with data substitution are below the 15.0 [mu]g/m\3\
standard, both monitors are considered to be attaining the 1997 annual
NAAQS. The official design values of the monitors are 11.6 [mu]g/m\3\
and 12.3 [mu]g/m\3\, respectively. On the basis of this review, EPA is
proposing to determine that the Knoxville Area has attained the 1997
annual PM2.5 NAAQS.
C. Has the Knoxville Area met the 1997 annual PM2.5 air quality
standard?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded the data in the EPA AQS database, for the
Knoxville Area. Based on EPA's review of the data for 2009-2011, EPA
proposes to determine that the Area attained the 1997 annual
PM2.5 NAAQS.
IV. Does the Knoxville Area meet the 2006 24-hour PM2.5
NAAQS?
A. Criteria
Today's proposed rulemaking assesses whether the Knoxville Area has
attained the 2006 24-hour PM2.5 NAAQS, based on the most
recent three years of quality-assured data. Under EPA regulations at 40
CFR 50.13, the 2006 24-hour primary and secondary PM2.5
standards are met when the 98th percentile 24-hour concentration, as
determined in accordance with 40 CFR part 50, Appendix N, is less than
or equal to 35 [micro]g/m\3\ at all relevant monitoring sites in the
subject area.
B. Knoxville Area Air Quality
EPA has reviewed the ambient air monitoring data for the Knoxville
Area in accordance with the provisions of 40 CFR part 50, Appendix N.
All data considered have been quality-assured, certified, and recorded
in EPA's AQS database. The 2009-2011 data are used for the
determination of attaining data because that is the most recent period
of certified data available to EPA.
Table 2 and the related discussion below show that the Area is
attaining the standard based on available data for 2009-2011. Less than
75 percent of the data were collected at the Bearden Middle School site
for the second quarter of 2009 and the fourth quarter for 2010. EPA
performed a quarterly maximum data substitution test using 40 CFR part
50 Appendix N and the April 1999 Guideline on Data Handling Conventions
for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf) for
the Bearden Middle School monitor for the quarters with less than 75
percent complete data. Less than 75 percent of the data were collected
at the Air Lab site for the first quarter of 2010. Coarse particulate
matter (PM10) data substitution, using the April 1999
Guideline on Data Handling Conventions for the PM NAAQS (www.epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf), was applied at the Air Lab site
because a PM10 sampler is co-located at the site.
PM10 data substitution was used instead of max value
substitution because the substituted values were higher. The three-year
annual design values both with and without data substitution are
provided in Table 2 below. EPA's review of these data indicates that
the Knoxville Area has met the 2006 24-hour PM2.5 NAAQS.
Table 2--2009-2011 24-Hour Average PM2.5 Concentrations for Monitors in the Knoxville, Tennessee Nonattainment
Area
----------------------------------------------------------------------------------------------------------------
Annual average Annual average
concentration concentration
Location Site No. ([mu]g/m\3\) ([mu]g/m\3\)
without data with data
substitution substitution
----------------------------------------------------------------------------------------------------------------
Sevier Elementary School.................................. 47-009-0011 21 N/A
Bearden Middle School..................................... 47-093-0028 24 27
Air Lab................................................... 47-093-1013 24 29
Rule High School.......................................... 47-093-1017 24 N/A
Spring Hill Elementary School............................. 47-093-1020 23 N/A
Webb Drive................................................ 47-105-0108 24 N/A
----------------------------------------------------------------------------------------------------------------
N/A--Not Applicable.
The Bearden Middle School monitor has a preliminary 2009-2011
PM2.5 24-hour design value of 24 [mu]g/m\3\. Since the
monitor had incomplete quarters during the second quarter of 2009 and
fourth quarter of 2010, quarterly maximum
[[Page 33363]]
data substitution was conducted. The 24-hour mean was recalculated, and
the resulting 2009-2011 PM2.5 24-hour design value with data
substitution is 27 [mu]g/m\3\. The Air Lab monitor has a preliminary
2009-2011 PM2.5 24-hour design value of 24 [mu]g/m\3\. The
monitor had one incomplete quarter during the first quarter of 2010,
and PM10 data substitution was conducted. The 24-hour mean
was recalculated, and the resulting 2009-2011 PM2.5 24-hour
design value with data substitution is 29 [mu]g/m\3\. Because the
design values with data substitution are below the 35 [mu]g/m\3\
standard, both monitors are considered to be attaining the 2006 24-hour
NAAQS. The official design values of the monitors are 24 [mu]g/m\3\ and
24 [mu]g/m\3\, respectively. On the basis of this review, EPA is
proposing to determine that the Knoxville Area has attained the 2006
24-hour PM2.5 NAAQS.
C. Has the Knoxville Area met the 2006 24-hour PM2.5 air quality
standard?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded the data in the EPA AQS database, for the
Knoxville Area. Based on EPA's review of the data for 2009-2011, EPA
proposes to determine that the Area attained the 2006 24-hour
PM2.5 NAAQS.
V. What is the effect of these actions?
If these proposed determinations of attaining data are made final,
the requirements for the Knoxville Area to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures,
and any other planning SIPs related to attainment of either the 1997
annual or the 2006 24-hour PM2.5 NAAQS would be suspended
for so long as the Area continues to attain the applicable
PM2.5 NAAQS. See 40 CFR 51.1004(c). Notably, as described
below, any such determination would not be equivalent to the
redesignation of the Area to attainment for the 1997 annual or 2006 24-
hour PM2.5 NAAQS.
If these proposed rulemakings are finalized and EPA subsequently
determines, after notice-and-comment rulemaking in the Federal
Register, that the Area has violated either the 1997 annual or 2006 24-
hour PM2.5 NAAQS, the basis for the suspension of the
specific requirements would no longer exist for the Knoxville Area for
the NAAQS (i.e, the 1997 annual or the 2006 24-hour NAAQS) which was
violated, and the Area would thereafter have to address the applicable
requirements for that particular NAAQS. See 40 CFR 51.1004(c).
Finalizing these proposed actions would not constitute a
redesignation of the Area to attainment of the 1997 annual or 2006 24-
hour PM2.5 NAAQS under section 107(d)(3) of the CAA.
Further, finalizing these proposed actions does not involve approving a
maintenance plan for the Area as required under section 175A of the
CAA, nor would it find that the Area has met all other requirements for
redesignation. Even if EPA finalizes the proposed actions, the
designation status of the Knoxville Area would remain nonattainment for
the 1997 annual and 2006 24-hour PM2.5 NAAQS until such time
as EPA determines that the Area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.
If the Knoxville Area continues to monitor attainment of the 1997
annual PM2.5 NAAQS, the requirements for the Knoxville Area
to submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 annual PM2.5 NAAQS will remain suspended.
Further, if the Knoxville Area continues to monitor attainment of the
2006 24-hour PM2.5 NAAQS, the requirements for the Knoxville
Area to submit an attainment demonstration and associated RACM, RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 2006 24-hour PM2.5 NAAQS will remain
suspended.
VI. Statutory and Executive Order Reviews
These actions propose to make determinations of attaining data
based on air quality, and would, if finalized, result in the suspension
of certain federal requirements, and it would not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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,
these proposed 1997 annual and 2006 24-hour PM2.5 NAAQS
determinations for the Knoxville Area do 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.
For purposes of judicial review, the two determinations proposed by
today's action are severable from one another.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-13715 Filed 6-5-12; 8:45 am]
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