Approval and Promulgation of Implementation Plans; Tennessee; Knoxville; Fine Particulate Matter 2002 Base Year Emissions Inventory, 50378-50381 [2012-20393]
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Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets the applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
12. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
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second Saturday of November of every
year, and from 7 a.m. to 11 a.m. on the
first or second Sunday of November of
every year, the draw need not open for
vessels to accommodate annual races.
*
*
*
*
*
Dated: August 8, 2012.
Stephen H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2012–20481 Filed 8–20–12; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.821(a)(4) to read as
follows:
■
§ 117.821 Atlantic Intracoastal Waterway,
Albermarle Sound to Sunset Beach.
(a) * * *
(4) S.R. 74 Bridge, mile 283.1, at
Wrightsville Beach, NC, between 7 a.m.
and 7 p.m., the draw need only open on
the hour; except that from 7 a.m. to 9
a.m. on the second Saturday of July of
every year, from 7 a.m. to 11 a.m. on the
third and fourth Saturday of September
of every year, and from 7 a.m. to 10:30
a.m. on the last Saturday of October of
every year or the first or second
Saturday of November of every year, the
draw need not open for vessels due to
annual races.
*
*
*
*
*
■ 3. Revise § 117.822 to read as follows:
§ 117.822
Cape Fear River.
The draw of the Cape Fear Memorial
Bridge, mile 26.8, at Wilmington need
not open for the passage of vessels from
7 a.m. to 9 a.m. on the second Saturday
of July of every year, and from 7 a.m. to
11 a.m. on the first or second Sunday of
November of every year to accommodate
annual races.
■ 4. Revise § 117.829(a)(4) to read as
follows:
§ 117.829
Northeast Cape Fear River.
(a) * * *
(4) From 7 a.m. to 9 a.m. on the
second Saturday of July of every year,
from 12 p.m. to 11:59 p.m. on the last
Saturday of October or the first or
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0153(a); FRL–9717–
5]
■
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
14. Environment
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
Approval and Promulgation of
Implementation Plans; Tennessee;
Knoxville; Fine Particulate Matter 2002
Base Year Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve the 1997 annual fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the State
Implementation Plan (SIP) revision
submitted by the State of Tennessee on
April 4, 2008. The emissions inventory
is part of Tennessee’s April 4, 2008,
attainment demonstration SIP revision
that was submitted to meet the section
172(c) Clean Air Act (CAA or Act)
requirements related to the Knoxville
nonattainment area for the 1997 annual
PM2.5 national ambient air quality
standards (NAAQS), hereafter referred
to as ‘‘the Knoxville Area’’ or ‘‘Area.’’
The Knoxville nonattainment area is
comprised of Anderson, Blount, Knox
and Loudon Counties in their entireties
and a portion of Roane County that
includes the Tennessee Valley
Authority’s Kingston Fossil Plant. This
action is being taken pursuant to section
110 of the CAA.
DATES: This direct final rule is effective
on October 22, 2012 without further
notice, unless EPA receives relevant
adverse comment by September 20,
2012. If EPA receives such comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0153, by one of the
following methods:
SUMMARY:
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Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
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 or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 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
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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:
Richard Wong, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter based
on a 3-year average of annual mean
PM2.5 concentrations. On January 5,
2005 (70 FR 944), EPA published its air
quality designations and classifications
for the 1997 annual PM2.5 NAAQS based
upon air quality monitoring data 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.
Designation of an area as
nonattainment starts the process for a
state to develop and submit to EPA a
SIP revision under title I, part D of the
CAA. This SIP revision must include,
among other elements, a demonstration
of how the NAAQS will be attained in
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50379
the nonattainment area as expeditiously
as practicable, but no later than the date
required by the CAA. Under CAA
section 172(b), a state has up to three
years after an area’s designation as
nonattainment to submit its SIP revision
to EPA. For the 1997 annual PM2.5
NAAQS, these submittals were due
April 5, 2008. See 40 CFR 51.1002(a).
On April 4, 2008, Tennessee
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, a 2002 base year emissions
inventory and other planning SIP
revisions related to attainment of the
1997 annual PM2.5 NAAQS in the
Knoxville Area. Subsequently, on June
6, 2012 (77 FR 33360), EPA proposed
that the Knoxville Area has attained the
1997 annual PM2.5 NAAQS. The
proposed determination of attainment is
based upon 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. EPA did not
receive any comments on the proposed
determination and published the final
determination on August 2, 2012 (77 FR
45954). In accordance with the final
determination of attainment, the
requirements for the Area to submit an
attainment demonstration and
associated RACM, RFP plan,
contingency measures, and other
planning SIP revisions related to
attainment of the standard are
suspended, so long as the Area
continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
EPA notes that a final determination
of attainment would not suspend the
emissions inventory requirement found
in CAA section 172(c)(3), which
requires submission and approval of a
comprehensive, accurate, and current
inventory of actual emissions. In today’s
action, EPA is approving the emissions
inventory portion of the attainment
demonstration SIP revision submitted
by Tennessee on April 4, 2008, as
required by section 172(c)(3).
II. Analysis of the State’s Submittal
As discussed above, section 172(c)(3)
of the CAA requires nonattainment
areas to submit a comprehensive,
accurate and current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in such
areas. Tennessee selected 2002 as the
base year for the emissions inventory
per 40 CFR 51.1008(b). Emissions
contained in Tennessee’s April 4, 2008,
SIP revision cover the general source
categories of point sources, non-road
mobile sources, area sources, and on-
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road mobile sources of direct and
precursor emissions of PM2.5. The
precursor emissions included in the
2002 Knoxville Area emissions
inventory include nitrogen oxides (NOX)
and sulfur dioxide (SO2). A detailed
discussion of the emissions inventory
development can be found in Appendix
H of the Tennessee submittal. The table
below provides a summary of the
annual 2002 emissions of NOX, SO2 and
direct PM2.5 included in the Tennessee
submittal.
2002 ANNUAL EMISSIONS FOR THE
KNOXVILLE AREA
[Tons per year]
Point sources
County
NOX
Anderson ..........
Blount ................
Knox ..................
Loudon ..............
Roane * .............
SO2
17,253
387
2,183
2,309
25,679
PM2.5
44,692
4,264
1,303
4,221
77,571
2,075
1,684
471
412
3,217
Non-road sources
Anderson ..........
Blount ................
Knox ..................
Loudon ..............
Roane * .............
1,128
1,301
4,845
1,231
17
69
127
425
111
2
55
115
312
62
1
Area sources
Anderson ..........
Blount ................
Knox ..................
Loudon ..............
Roane * .............
252
164
175
57
2
271
59
39
18
2
501
718
445
334
5
Mobile sources
Anderson ..........
Blount ................
Knox ..................
Loudon ..............
Roane * .............
3,267
2,720
19,059
4,273
235
111
119
682
120
11
46
41
284
60
3
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* Nonattainment portion of Roane County
only.
The 172(c)(3) emissions inventory
was developed by the incorporation of
data from multiple sources. States were
required to develop and submit to EPA
a triennial emissions inventory
according to the Consolidated Emissions
Reporting Rule for all source categories
(i.e., point, nonroad mobile, area, and
on-road mobile). This inventory often
forms the basis of data that are updated
with more recent information and data
that also are used in the attainment
demonstration modeling inventory.
Such was the case in the development
of the 2002 base year emissions
inventory that was submitted in
Tennessee’s attainment demonstration
SIP for the Knoxville Area. The 2002
base year emissions inventory was
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based on data developed with the
Visibility Improvement State and Tribal
Association of the Southeast (VISTAS)
contractors and submitted by the
VISTAS states (i.e., Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee,
Virginia and West Virginia) to the EPA
2002 National Emissions Inventory.
Several iterations of the VISTAS 2002
inventories were developed through the
VISTAS project for the different
emission source categories resulting
from revisions and updates to the data.
This resulted in the use of version G2
of the updated data to represent the
point sources’ emissions. Data from
many databases, studies and models
(e.g., Vehicle Miles Traveled, fuel
programs, the NONROAD 2002 model
data for commercial marine vessels,
locomotives and Clean Air Market
Division, etc.) resulted in the inventory
submitted in this SIP revision. The
VISTAS and Tennessee emissions
inventory data were developed
according to current EPA emissions
inventory guidance titled ‘‘Emissions
Inventory Guidance for Implementation
of Ozone and Particulate Matter
National Ambient Air Quality Standards
(NAAQS)’’ (August 2005) and ‘‘Clean
Air Fine Particle Implementation Rule’’
(72 FR 20586, April 25, 2007) and a
quality assurance project plan that was
developed through VISTAS and
approved by EPA. EPA agrees that the
process used to develop this inventory
was adequate to meet the requirements
of CAA section 172(c)(3) and the
implementing regulations.
EPA has reviewed the 2002 base year
emissions inventory from Tennessee
and determined that it is adequate for
the purposes of meeting section
172(c)(3) emissions inventory
requirement. Further, EPA has
determined that the emissions were
developed consistent with the CAA,
implementing regulations and EPA
guidance for emissions inventories.
III. Final Action
EPA is taking direct final action to
approve the 2002 base year emissions
inventory portion of the attainment
demonstration SIP revision submitted
by the State of Tennessee on April 4,
2008. EPA determined that this action is
consistent with section 110 of the CAA.
EPA is publishing this rule without
prior proposal because the Agency
views this as a non-controversial
revision and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
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should adverse comment be filed. This
rule will be effective on October 22,
2012 without further notice unless the
Agency receives adverse comment by
September 20, 2012. If EPA receives
such comments, then EPA will publish
a document withdrawing the final rule
and informing the public that the rule
will not take effect. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed rule. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time. If
no such comments are received, the
public is advised this rule will be
effective on October 22, 2012 and no
further action will be taken on the
proposed rule.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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
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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 final rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 22, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 7, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(e) is amended by
adding a new entry for ‘‘Knoxville; 1997
Annual Fine Particulate Matter 2002
Base Year Emissions Inventory’’ at the
end of the table to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or nonattainment area
State effective
date
*
*
*
Knoxville; 1997 Annual Fine
Anderson, Blount, Knox, and
Particulate Matter 2002
Loudon Counties, and the
Base Year Emissions Invenportion of Roane County
tory.
that falls within the census
block that includes the Tennessee Valley Authority’s
Kingston Fossil Plant.
*
04/04/2008
[FR Doc. 2012–20393 Filed 8–20–12; 8:45 am]
DATES:
BILLING CODE 6560–50–P
*
08/21/2012 [Insert citation of
publication].
Effective Date: September 20,
2012.
New York’s petition and
comments are available for public
inspection at the Docket Management
Facility of the U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT:
Marie Choi, Office of the Chief Counsel,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590
(Telephone: 202–366–1738) (Fax: 202–
366–3820).
SUPPLEMENTARY INFORMATION: Anyone is
able to search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
ADDRESSES:
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2011–0152; Notice 2]
Petition for Approval of Alternate
Odometer Requirements
pmangrum on DSK3VPTVN1PROD with RULES
EPA approval date
National Highway Traffic
Safety Administration (NHTSA).
ACTION: Notice of final determination.
AGENCY:
The State of New York (‘‘New
York’’) has petitioned for approval of
alternate odometer requirements. New
York’s petition, as amended, is granted.
SUMMARY:
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Explanation
*
*
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78) or you may visit
https://DocketInfo.dot.gov. For access to
the docket to read background
documents or comments received, go to
https://www.regulations.gov. Follow the
online instructions for accessing the
dockets. You may also review the
docket at the address listed above.
I. Introduction
Federal odometer law, which is
largely based on the Motor Vehicle
Information and Cost Savings Act of
1972 (Cost Savings Act) 1 and Truth in
Mileage Act of 1986, as amended
1 Sec. 401–413, Public Law 92–513, 86 Stat. 961–
963.
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[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50378-50381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20393]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0153(a); FRL-9717-5]
Approval and Promulgation of Implementation Plans; Tennessee;
Knoxville; Fine Particulate Matter 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve the 1997 annual
fine particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revision
submitted by the State of Tennessee on April 4, 2008. The emissions
inventory is part of Tennessee's April 4, 2008, attainment
demonstration SIP revision that was submitted to meet the section
172(c) Clean Air Act (CAA or Act) requirements related to the Knoxville
nonattainment area for the 1997 annual PM2.5 national
ambient air quality standards (NAAQS), hereafter referred to as ``the
Knoxville Area'' or ``Area.'' The Knoxville nonattainment area is
comprised of Anderson, Blount, Knox and Loudon Counties in their
entireties and a portion of Roane County that includes the Tennessee
Valley Authority's Kingston Fossil Plant. This action is being taken
pursuant to section 110 of the CAA.
DATES: This direct final rule is effective on October 22, 2012 without
further notice, unless EPA receives relevant adverse comment by
September 20, 2012. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0153, by one of the following methods:
[[Page 50379]]
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
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 or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 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: Richard Wong, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8726. Mr. Wong can be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter based on a 3-
year average of annual mean PM2.5 concentrations. On January
5, 2005 (70 FR 944), EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data 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.
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP revision under title I, part D
of the CAA. This SIP revision must include, among other elements, a
demonstration of how the NAAQS will be attained in the nonattainment
area as expeditiously as practicable, but no later than the date
required by the CAA. Under CAA section 172(b), a state has up to three
years after an area's designation as nonattainment to submit its SIP
revision to EPA. For the 1997 annual PM2.5 NAAQS, these
submittals were due April 5, 2008. See 40 CFR 51.1002(a).
On April 4, 2008, Tennessee submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP revisions related
to attainment of the 1997 annual PM2.5 NAAQS in the
Knoxville Area. Subsequently, on June 6, 2012 (77 FR 33360), EPA
proposed that the Knoxville Area has attained the 1997 annual
PM2.5 NAAQS. The proposed determination of attainment is
based upon 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. EPA did not receive any
comments on the proposed determination and published the final
determination on August 2, 2012 (77 FR 45954). In accordance with the
final determination of attainment, the requirements for the Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and other planning SIP revisions related to
attainment of the standard are suspended, so long as the Area continues
to attain the 1997 annual PM2.5 NAAQS. See 40 CFR
51.1004(c).
EPA notes that a final determination of attainment would not
suspend the emissions inventory requirement found in CAA section
172(c)(3), which requires submission and approval of a comprehensive,
accurate, and current inventory of actual emissions. In today's action,
EPA is approving the emissions inventory portion of the attainment
demonstration SIP revision submitted by Tennessee on April 4, 2008, as
required by section 172(c)(3).
II. Analysis of the State's Submittal
As discussed above, section 172(c)(3) of the CAA requires
nonattainment areas to submit a comprehensive, accurate and current
inventory of actual emissions from all sources of the relevant
pollutant or pollutants in such areas. Tennessee selected 2002 as the
base year for the emissions inventory per 40 CFR 51.1008(b). Emissions
contained in Tennessee's April 4, 2008, SIP revision cover the general
source categories of point sources, non-road mobile sources, area
sources, and on-
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road mobile sources of direct and precursor emissions of
PM2.5. The precursor emissions included in the 2002
Knoxville Area emissions inventory include nitrogen oxides
(NOX) and sulfur dioxide (SO2). A detailed
discussion of the emissions inventory development can be found in
Appendix H of the Tennessee submittal. The table below provides a
summary of the annual 2002 emissions of NOX, SO2
and direct PM2.5 included in the Tennessee submittal.
2002 Annual Emissions for the Knoxville Area
[Tons per year]
------------------------------------------------------------------------
Point sources
County --------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Anderson..................................... 17,253 44,692 2,075
Blount....................................... 387 4,264 1,684
Knox......................................... 2,183 1,303 471
Loudon....................................... 2,309 4,221 412
Roane *...................................... 25,679 77,571 3,217
--------------------------
Non-road sources
--------------------------
Anderson..................................... 1,128 69 55
Blount....................................... 1,301 127 115
Knox......................................... 4,845 425 312
Loudon....................................... 1,231 111 62
Roane *...................................... 17 2 1
--------------------------
Area sources
--------------------------
Anderson..................................... 252 271 501
Blount....................................... 164 59 718
Knox......................................... 175 39 445
Loudon....................................... 57 18 334
Roane *...................................... 2 2 5
--------------------------
Mobile sources
--------------------------
Anderson..................................... 3,267 111 46
Blount....................................... 2,720 119 41
Knox......................................... 19,059 682 284
Loudon....................................... 4,273 120 60
Roane *...................................... 235 11 3
------------------------------------------------------------------------
* Nonattainment portion of Roane County only.
The 172(c)(3) emissions inventory was developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule for all source categories
(i.e., point, nonroad mobile, area, and on-road mobile). This inventory
often forms the basis of data that are updated with more recent
information and data that also are used in the attainment demonstration
modeling inventory. Such was the case in the development of the 2002
base year emissions inventory that was submitted in Tennessee's
attainment demonstration SIP for the Knoxville Area. The 2002 base year
emissions inventory was based on data developed with the Visibility
Improvement State and Tribal Association of the Southeast (VISTAS)
contractors and submitted by the VISTAS states (i.e., Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, Virginia and West Virginia) to the EPA 2002 National
Emissions Inventory. Several iterations of the VISTAS 2002 inventories
were developed through the VISTAS project for the different emission
source categories resulting from revisions and updates to the data.
This resulted in the use of version G2 of the updated data to represent
the point sources' emissions. Data from many databases, studies and
models (e.g., Vehicle Miles Traveled, fuel programs, the NONROAD 2002
model data for commercial marine vessels, locomotives and Clean Air
Market Division, etc.) resulted in the inventory submitted in this SIP
revision. The VISTAS and Tennessee emissions inventory data were
developed according to current EPA emissions inventory guidance titled
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)''
(August 2005) and ``Clean Air Fine Particle Implementation Rule'' (72
FR 20586, April 25, 2007) and a quality assurance project plan that was
developed through VISTAS and approved by EPA. EPA agrees that the
process used to develop this inventory was adequate to meet the
requirements of CAA section 172(c)(3) and the implementing regulations.
EPA has reviewed the 2002 base year emissions inventory from
Tennessee and determined that it is adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement. Further, EPA
has determined that the emissions were developed consistent with the
CAA, implementing regulations and EPA guidance for emissions
inventories.
III. Final Action
EPA is taking direct final action to approve the 2002 base year
emissions inventory portion of the attainment demonstration SIP
revision submitted by the State of Tennessee on April 4, 2008. EPA
determined that this action is consistent with section 110 of the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comment be filed. This rule will be effective on October 22,
2012 without further notice unless the Agency receives adverse comment
by September 20, 2012. If EPA receives such comments, then EPA will
publish a document withdrawing the final rule and informing the public
that the rule will not take effect. All public comments received will
then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. If no
such comments are received, the public is advised this rule will be
effective on October 22, 2012 and no further action will be taken on
the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities 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
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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 final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 22, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: August 7, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2220(e) is amended by adding a new entry for ``Knoxville;
1997 Annual Fine Particulate Matter 2002 Base Year Emissions
Inventory'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
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* * * * * * *
Knoxville; 1997 Annual Fine Anderson, Blount, 04/04/2008 08/21/2012 [Insert
Particulate Matter 2002 Base Knox, and Loudon citation of
Year Emissions Inventory. Counties, and the publication].
portion of Roane
County that falls
within the census
block that
includes the
Tennessee Valley
Authority's
Kingston Fossil
Plant.
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[FR Doc. 2012-20393 Filed 8-20-12; 8:45 am]
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