Approval and Promulgation of Implementation Plans; Tennessee: Knox County Supplement Motor Vehicle Emissions Budget Update, 11754-11758 [2013-03763]
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[FR Doc. 2013–03749 Filed 2–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0762; FRL–9782–1]
Approval and Promulgation of
Implementation Plans; Tennessee:
Knox County Supplement Motor
Vehicle Emissions Budget Update
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
EPA is taking direct final
action to approve a revision to the
Tennessee State Implementation Plan
(SIP), submitted to EPA on December
13, 2012, by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC).
SUMMARY:
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Tennessee’s December 13, 2012, SIP
revision includes changes to the
maintenance plan for the Knox County
1-hour ozone area submitted on August
26, 1992, and approved by EPA on
September 27, 1993, and a subsequent
SIP revision approved by EPA on
August 5, 1997. The Knox County 1hour ozone area was comprised of Knox
County in its entirety. The December 13,
2012 SIP revision proposes to increase
the safety margin allocated to motor
vehicle emissions budgets (MVEB) for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) for Knox
County to account for changes in the
emissions model and vehicle miles
traveled (VMT) projection model. EPA
is approving this SIP revision because
the State has demonstrated that it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule is effective on April 22,
2013 without further notice, unless EPA
receives relevant adverse comment by
March 22, 2013. If EPA receives such
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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–2012–0762 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) 562–9019.
4. Mail: EPA–R04–OAR–2012–0762,
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,
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations
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–2013–
0762. 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.
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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:
Kelly Sheckler, Air Quality and
Transportation Modeling 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. Kelly
Sheckler may be reached by phone at
(404) 562–9222 or by electronic mail
address sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA’s Analysis of Tennessee’s SIP
Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Knox County, Tennessee, 1-hour
ozone attainment and maintenance area
is comprised of only Knox County in its
entirety in Tennessee (hereafter referred
to as the ‘‘Knox County’’ or ‘‘Area’’).
Knox County was originally designated
as marginal nonattainment for the 1hour ozone national ambient air quality
standards (NAAQS) on November 6,
1991 (56 FR 56694).1 Knox County was
redesignated as attainment for the 1hour ozone NAAQS on September 27,
1993 (58 FR 50271). In this approval,
was a 10-year air quality maintenance
plan covering the years 1994–2004. A
subsequent revision to the Knox County
Area maintenance plan was approved
by EPA on August 5, 1997, that
established MVEB for transportation
conformity purposes. That plan satisfied
the CAA requirement for a 10-year
update of the Knox County 1-hour
ozone maintenance plan.
On October 12, 2012, TDEC submitted
a draft SIP revision which included
changes to the emissions inventory for
1 Subsequent to designating Knox County
nonattainment for the 1-hour ozone NAAQS, EPA
has since designated Knox County as part of the
larger Knoxville nonattainment area for the 1997 8hour ozone NAAQS (see 69 FR 23857, April 30,
2004) and the 2008 8-hour ozone NAAQS (see 77
FR 30160, May 21, 2012). This proposed action
relates primarily to the MVEB established for Knox
County for the 1-hour ozone NAAQS, and does not
relate to the MVEB approved for 1997 8-hour ozone
NAAQS for the Knoxville Area, nor does it relate
to any pending MVEB that may be contemplated for
the Knoxville Area for the 2008 8-hour ozone
NAAQS.
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both on-road and off-road mobile
sources using the latest EPA-approved
mobile emissions and NONROAD
models. New emissions data for both the
new base year (attainment year) and the
projected years (2004 and 2014) were
calculated. The plan updated the 2004
MVEB and provided for a new MVEB
for the year 2014.
On December 18, 2012, (77 FR 74820),
EPA proposed to approve through
parallel processing Tennessee’s October
12, 2012, draft SIP revision with
changes to the maintenance plan for the
Knox County 1-hour ozone area. EPA
did not receive any comments, adverse
or otherwise, for the December 18, 2012,
proposed rulemaking. The MVEB for the
Knox County 1-hour ozone area that
were published in EPA’s proposed
rulemaking on December 18, 2012, were
not the same as the MVEB provided in
Tennessee’s December 13, 2012, final
SIP revision related to the Knox County
1-hour ozone area. Consequently, EPA is
not finalizing its December 13, 2012,
proposal but is instead replacing that
proposal with today’s direct final
rulemaking and accompanying
proposed rulemaking. EPA is approving
the State’s implementation plan revision
as a direct final action with a parallel
proposal because the Agency views this
as a noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is
discussed below.
II. EPA’s Analysis of Tennessee’s SIP
Revision
As discussed above, on December 13,
2012, the State of Tennessee, through
TDEC, submitted a SIP revision to revise
the MVEB for the Knox County 1-hour
ozone maintenance plan to increase the
safety margin as a result of new
emissions model, VMT projection
models, and other emission model input
data. The MVEB (expressed in tons per
day (tpd)) that are being updated
through today’s action were originally
approved by EPA on September 27,
1993, updated on August 5, 1997, and
February 4, 2004, and are outlined in
the table below.
TABLE 1—ORIGINAL MVEB FOR KNOX
COUNTY
2004
NOX ......................
VOC ......................
33.89 tpd
29.24 tpd
2014
22.49 tpd
22.12 tpd
TDEC is currently allocating portions
of the available safety margin 2 to the
2 A safety margin is the difference between the
attainment level of emissions from all source
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MVEB to account for new emissions
models, VMT projections models, as
well as changes to future vehicle mix
assumptions, that influence the
emission estimations. TDEC has now
decided to allocate a majority of the
safety margin available to the MVEB.
Specifically, 7.97 tpd of the available
VOC safety margin (15.94) is allocated
to the 2004 MVEB, and 11.61 tpd for the
available 2014 MVEB (23.22).
Additionally, 2.79 tpd of the available
NOX safety margin are allocated to the
2004 MVEB and 18.43 tpd for the 2014
MVEB. The remaining safety margin for
VOC for 2004 is 7.97 tpd and for 2014
is 11.61 tpd. As a result, there will be
no safety margin remaining for NOX for
2004 and 2014.
The following tables provide the
adjusted VOC and NOX emissions data,
for the 2004 base attainment year
inventories, as well as the projected
VOC and NOX emissions inventory
2014.
TABLE 2—KNOX COUNTY TOTAL VOLATILE ORGANIC COMPOUNDS EMISSIONS
Year
1990
1993
2004
2010
2014
Area
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
28.82
29.25
30.90
31.84
32.48
Non-road
Biogenic
9.81
9.96
10.52
10.84
11.06
32.43
32.43
32.43
32.43
32.43
Mobile
40.84
32.35
21.27
13.93
10.51
Point
8.06
8.64
8.90
9.76
10.26
Total
Available
safety
margin
119.96
112.63
104.02
98.80
96.74
................
................
15.94
................
23.22
TABLE 3—KNOX COUNTY TOTAL NITROGEN OXIDES EMISSIONS
Year
1990
1993
2004
2010
2014
Area
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
TABLE 4—KNOX COUNTY NOX MVEB
[tpd]
2004
2014
NOX Emissions
Base Emissions ........
Safety Margin Allocated to MVEB ......
NOX Conformity
MVEB ....................
31.10
13.27
2.79
18.43
33.89
31.71
TABLE 5—KNOX COUNTY VOC MVEB
[tpd]
2004
2014
VOC Emissions
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Base Emissions ........
Safety Margin Allocated to MVEB ......
VOC Conformity
MVEB ....................
21.27
10.51
7.97
11.61
29.24
22.12
Taking into consideration the portion
of the safety margin applied to the
MVEB, the resulting difference between
the attainment level of emissions from
all sources and the projected level of
emissions from all sources in the
maintenance area, the area still attains
categories (i.e., point, area, and mobile) and the
projected level of emissions from all source
categories. The State may choose to allocate some
of the safety margin to the MVEB, for transportation
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3.66
3.72
3.92
4.04
4.13
Non-road
Biogenic
9.77
9.92
10.48
10.79
11.01
0
0
0
0
0
Mobile
37.62
34.85
31.10
19.99
13.27
Point
8.96
9.54
11.73
12.53
13.17
Total
60.01
58.03
57.23
47.35
41.58
Safety
margin
................
................
2.79
................
18.43
vehicle emissions model known as
Motor Vehicle Emission Simulator or
MOVES. In its announcement of this
model, EPA established a two-year grace
TABLE 6—NEW SAFETY MARGINS FOR period for continued use of MOBILE6.2
THE KNOX COUNTY
in regional emissions analyses for
transportation plan and transportation
Year
VOC tpd
NOX tpd improvement programs (TIPs)
2004 ..........................
7.97
0 conformity determinations (extending to
2014 ..........................
11.61
0 March 2, 2013),3 after which states
(other than California) must use MOVES
As shown in Tables 2 and 3 above,
in conformity determinations for TIPs.
VOC and NOX total emissions in Knox
As stated above, MOBILE6.2 was the
County are projected to steadily
applicable mobile source emissions
decrease from 2004 to the maintenance
model that was available when the
year of 2014. This VOC and NOX
original SIP was submitted.
emission decrease demonstrates
III. Final Action
continued attainment/maintenance of
the 1-hour ozone NAAQS for ten years
EPA is taking direct final action to
from 2004 (the year the Area was
approve Tennessee’s December 13,
effectively designated attainment for the
2012, SIP revision to allocate a portion
1-hour ozone NAAQS) as required by
of the available safety margin to the
the CAA.
MVEB for the Knox County 1-hour
The revised MVEB that Tennessee
ozone maintenance Area. This action,
submitted for the Knox County Area
will result in higher NOX and VOC
were developed with projected mobile
MVEB for transportation conformity
source emissions derived using the
purposes for Knox County, and would
MOBILE6 motor vehicle emissions
model. This model was the most current still be consistent with attainment for
the 1-hour ozone NAAQS. EPA is
model available at the time Tennessee
was performing its analysis. However,
proposing this action because it is
EPA has now issued an updated motor
consistent with the CAA and the
the NAAQS and meets the maintenance
requirements. The new safety margins,
are listed below in Table 6.
conformity purposes, so long as the total level of
emissions from all source categories remains equal
to or less than the attainment level of emissions.
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3 EPA previously extended the grace period to use
MOVES for regional emissions analysis in
conformity determinations to March 2, 2013 (77 FR
11394).
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transportation conformity requirements
at 40 CFR part 93.
On March 12, 2008, EPA issued
revised ozone NAAQS. The current
action, however, is being taken to
address requirements under the 1997 8hour ozone NAAQS. EPA is publishing
this rule without prior proposal because
the Agency views this as a noncontroversial amendment 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 an
adverse comment be filed. This rule will
be effective on March 22, 2013 without
further notice unless the Agency
receives adverse comment by March 22,
2013. 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
April 22, 2013 and no further action
will be taken on the proposed rule.
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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.);
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• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 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, 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.
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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 April 22, 2013. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Ozone,
Intergovernmental relations,
Incorporation by reference, Nitrogen
dioxides, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Dated: February 7, 2013.
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 II—Tennessee
2. Section 52.2220(e) is amended by
adding a new entry at the end of the
table for the ‘‘MVEB Update for the 1hour Ozone Maintenance Plan for Knox
County, Tennessee’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
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EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
MVEB Update for the 1-hour Ozone
Maintenance Plan for Knox
County, Tennessee.
*
*
Knox County, TN ...........................
[FR Doc. 2013–03763 Filed 2–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2012–0758; FRL–9781–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Restriction of Emission of
Particulate Matter From Industrial
Processes
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Missouri State Implementation Plan
(SIP) submitted March 17, 2011. This
revision will amend the rule restricting
emissions of particulate matter from
industrial sources by providing an
alternative compliance method for wet
corn milling drying operations. The
revisions to Missouri’s rule do not have
an adverse affect on air quality. EPA’s
approval of this SIP revision is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be
effective April 22, 2013, without further
notice, unless EPA receives adverse
comment by March 22, 2013. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2012–0758, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2012–
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:48 Feb 19, 2013
Jkt 229001
State effective
date
12/13/2012
EPA approval date
*
*
02/20/13 .........................................
[Insert citation of publication].
0758. 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.
Docket: All documents in the 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, 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 Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 to 4:30 excluding
Federal holidays. The interested persons
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Explanation
*
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania at (913) 551–7147, or by
email at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Outline
I. What is being addressed in this
document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is approving revisions to the
Missouri SIP submitted to EPA on
March 17, 2011. EPA has conducted an
analysis of the State’s amendments and
has concluded that these revisions do
not adversely affect the stringency of the
SIP. Missouri’s revisions include
amendments to rule 10 CSR 10–6.400
Restriction of Emission of Particulate
Matter from Industrial Processes, which
add an alternative compliance method
allowing an output concentration limit
for wet corn milling drying operations,
as detailed in the technical support
document which is part of this docket.
II. Have the requirements for approval
of a SIP revision been met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this docket, the revision meets
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving the request to
amend the Missouri SIP by approving
the State’s request to amend 10 CSR 10–
6.400 Restriction of Emission of
Particulate Matter from Industrial
Processes. EPA has determined that
E:\FR\FM\20FER1.SGM
20FER1
]]>Agencies
[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11754-11758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03763]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0762; FRL-9782-1]
Approval and Promulgation of Implementation Plans; Tennessee:
Knox County Supplement Motor Vehicle Emissions Budget Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Tennessee State Implementation Plan (SIP), submitted to EPA on December
13, 2012, by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC). Tennessee's December 13, 2012,
SIP revision includes changes to the maintenance plan for the Knox
County 1-hour ozone area submitted on August 26, 1992, and approved by
EPA on September 27, 1993, and a subsequent SIP revision approved by
EPA on August 5, 1997. The Knox County 1-hour ozone area was comprised
of Knox County in its entirety. The December 13, 2012 SIP revision
proposes to increase the safety margin allocated to motor vehicle
emissions budgets (MVEB) for nitrogen oxides (NOX) and
volatile organic compounds (VOC) for Knox County to account for changes
in the emissions model and vehicle miles traveled (VMT) projection
model. EPA is approving this SIP revision because the State has
demonstrated that it is consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective on April 22, 2013 without further notice,
unless EPA receives relevant adverse comment by March 22, 2013. 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-2012-0762 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) 562-9019.
4. Mail: EPA-R04-OAR-2012-0762, 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,
[[Page 11755]]
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-
2013-0762. 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: Kelly Sheckler, Air Quality and
Transportation Modeling 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. Kelly
Sheckler may be reached by phone at (404) 562-9222 or by electronic
mail address sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA's Analysis of Tennessee's SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Knox County, Tennessee, 1-hour ozone attainment and maintenance
area is comprised of only Knox County in its entirety in Tennessee
(hereafter referred to as the ``Knox County'' or ``Area''). Knox County
was originally designated as marginal nonattainment for the 1-hour
ozone national ambient air quality standards (NAAQS) on November 6,
1991 (56 FR 56694).\1\ Knox County was redesignated as attainment for
the 1-hour ozone NAAQS on September 27, 1993 (58 FR 50271). In this
approval, was a 10-year air quality maintenance plan covering the years
1994-2004. A subsequent revision to the Knox County Area maintenance
plan was approved by EPA on August 5, 1997, that established MVEB for
transportation conformity purposes. That plan satisfied the CAA
requirement for a 10-year update of the Knox County 1-hour ozone
maintenance plan.
---------------------------------------------------------------------------
\1\ Subsequent to designating Knox County nonattainment for the
1-hour ozone NAAQS, EPA has since designated Knox County as part of
the larger Knoxville nonattainment area for the 1997 8-hour ozone
NAAQS (see 69 FR 23857, April 30, 2004) and the 2008 8-hour ozone
NAAQS (see 77 FR 30160, May 21, 2012). This proposed action relates
primarily to the MVEB established for Knox County for the 1-hour
ozone NAAQS, and does not relate to the MVEB approved for 1997 8-
hour ozone NAAQS for the Knoxville Area, nor does it relate to any
pending MVEB that may be contemplated for the Knoxville Area for the
2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
On October 12, 2012, TDEC submitted a draft SIP revision which
included changes to the emissions inventory for both on-road and off-
road mobile sources using the latest EPA-approved mobile emissions and
NONROAD models. New emissions data for both the new base year
(attainment year) and the projected years (2004 and 2014) were
calculated. The plan updated the 2004 MVEB and provided for a new MVEB
for the year 2014.
On December 18, 2012, (77 FR 74820), EPA proposed to approve
through parallel processing Tennessee's October 12, 2012, draft SIP
revision with changes to the maintenance plan for the Knox County 1-
hour ozone area. EPA did not receive any comments, adverse or
otherwise, for the December 18, 2012, proposed rulemaking. The MVEB for
the Knox County 1-hour ozone area that were published in EPA's proposed
rulemaking on December 18, 2012, were not the same as the MVEB provided
in Tennessee's December 13, 2012, final SIP revision related to the
Knox County 1-hour ozone area. Consequently, EPA is not finalizing its
December 13, 2012, proposal but is instead replacing that proposal with
today's direct final rulemaking and accompanying proposed rulemaking.
EPA is approving the State's implementation plan revision as a direct
final action with a parallel proposal because the Agency views this as
a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is discussed below.
II. EPA's Analysis of Tennessee's SIP Revision
As discussed above, on December 13, 2012, the State of Tennessee,
through TDEC, submitted a SIP revision to revise the MVEB for the Knox
County 1-hour ozone maintenance plan to increase the safety margin as a
result of new emissions model, VMT projection models, and other
emission model input data. The MVEB (expressed in tons per day (tpd))
that are being updated through today's action were originally approved
by EPA on September 27, 1993, updated on August 5, 1997, and February
4, 2004, and are outlined in the table below.
Table 1--Original MVEB for Knox County
------------------------------------------------------------------------
2004 2014
------------------------------------------------------------------------
NOX............................................. 33.89 tpd 22.49 tpd
VOC............................................. 29.24 tpd 22.12 tpd
------------------------------------------------------------------------
TDEC is currently allocating portions of the available safety
margin \2\ to the
[[Page 11756]]
MVEB to account for new emissions models, VMT projections models, as
well as changes to future vehicle mix assumptions, that influence the
emission estimations. TDEC has now decided to allocate a majority of
the safety margin available to the MVEB. Specifically, 7.97 tpd of the
available VOC safety margin (15.94) is allocated to the 2004 MVEB, and
11.61 tpd for the available 2014 MVEB (23.22). Additionally, 2.79 tpd
of the available NOX safety margin are allocated to the 2004
MVEB and 18.43 tpd for the 2014 MVEB. The remaining safety margin for
VOC for 2004 is 7.97 tpd and for 2014 is 11.61 tpd. As a result, there
will be no safety margin remaining for NOX for 2004 and
2014.
---------------------------------------------------------------------------
\2\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
and mobile) and the projected level of emissions from all source
categories. The State may choose to allocate some of the safety
margin to the MVEB, for transportation conformity purposes, so long
as the total level of emissions from all source categories remains
equal to or less than the attainment level of emissions.
---------------------------------------------------------------------------
The following tables provide the adjusted VOC and NOX
emissions data, for the 2004 base attainment year inventories, as well
as the projected VOC and NOX emissions inventory 2014.
Table 2--Knox County Total Volatile Organic Compounds Emissions
----------------------------------------------------------------------------------------------------------------
Available
Year Area Non-road Biogenic Mobile Point Total safety
margin
----------------------------------------------------------------------------------------------------------------
1990............................... 28.82 9.81 32.43 40.84 8.06 119.96 .........
1993............................... 29.25 9.96 32.43 32.35 8.64 112.63 .........
2004............................... 30.90 10.52 32.43 21.27 8.90 104.02 15.94
2010............................... 31.84 10.84 32.43 13.93 9.76 98.80 .........
2014............................... 32.48 11.06 32.43 10.51 10.26 96.74 23.22
----------------------------------------------------------------------------------------------------------------
Table 3--Knox County Total Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Safety
Year Area Non-road Biogenic Mobile Point Total margin
----------------------------------------------------------------------------------------------------------------
1990............................... 3.66 9.77 0 37.62 8.96 60.01 .........
1993............................... 3.72 9.92 0 34.85 9.54 58.03 .........
2004............................... 3.92 10.48 0 31.10 11.73 57.23 2.79
2010............................... 4.04 10.79 0 19.99 12.53 47.35 .........
2014............................... 4.13 11.01 0 13.27 13.17 41.58 18.43
----------------------------------------------------------------------------------------------------------------
Table 4--Knox County NOX MVEB
[tpd]
------------------------------------------------------------------------
2004 2014
------------------------------------------------------------------------
NOX Emissions
------------------------------------------------------------------------
Base Emissions.................................... 31.10 13.27
Safety Margin Allocated to MVEB................... 2.79 18.43
NOX Conformity MVEB............................... 33.89 31.71
------------------------------------------------------------------------
Table 5--Knox County VOC MVEB
[tpd]
------------------------------------------------------------------------
2004 2014
------------------------------------------------------------------------
VOC Emissions
------------------------------------------------------------------------
Base Emissions.................................... 21.27 10.51
Safety Margin Allocated to MVEB................... 7.97 11.61
VOC Conformity MVEB............................... 29.24 22.12
------------------------------------------------------------------------
Taking into consideration the portion of the safety margin applied
to the MVEB, the resulting difference between the attainment level of
emissions from all sources and the projected level of emissions from
all sources in the maintenance area, the area still attains the NAAQS
and meets the maintenance requirements. The new safety margins, are
listed below in Table 6.
Table 6--New Safety Margins for the Knox County
------------------------------------------------------------------------
Year VOC tpd NOX tpd
------------------------------------------------------------------------
2004.............................................. 7.97 0
2014.............................................. 11.61 0
------------------------------------------------------------------------
As shown in Tables 2 and 3 above, VOC and NOX total
emissions in Knox County are projected to steadily decrease from 2004
to the maintenance year of 2014. This VOC and NOX emission
decrease demonstrates continued attainment/maintenance of the 1-hour
ozone NAAQS for ten years from 2004 (the year the Area was effectively
designated attainment for the 1-hour ozone NAAQS) as required by the
CAA.
The revised MVEB that Tennessee submitted for the Knox County Area
were developed with projected mobile source emissions derived using the
MOBILE6 motor vehicle emissions model. This model was the most current
model available at the time Tennessee was performing its analysis.
However, EPA has now issued an updated motor vehicle emissions model
known as Motor Vehicle Emission Simulator or MOVES. In its announcement
of this model, EPA established a two-year grace period for continued
use of MOBILE6.2 in regional emissions analyses for transportation plan
and transportation improvement programs (TIPs) conformity
determinations (extending to March 2, 2013),\3\ after which states
(other than California) must use MOVES in conformity determinations for
TIPs. As stated above, MOBILE6.2 was the applicable mobile source
emissions model that was available when the original SIP was submitted.
---------------------------------------------------------------------------
\3\ EPA previously extended the grace period to use MOVES for
regional emissions analysis in conformity determinations to March 2,
2013 (77 FR 11394).
---------------------------------------------------------------------------
III. Final Action
EPA is taking direct final action to approve Tennessee's December
13, 2012, SIP revision to allocate a portion of the available safety
margin to the MVEB for the Knox County 1-hour ozone maintenance Area.
This action, will result in higher NOX and VOC MVEB for
transportation conformity purposes for Knox County, and would still be
consistent with attainment for the 1-hour ozone NAAQS. EPA is proposing
this action because it is consistent with the CAA and the
[[Page 11757]]
transportation conformity requirements at 40 CFR part 93.
On March 12, 2008, EPA issued revised ozone NAAQS. The current
action, however, is being taken to address requirements under the 1997
8-hour ozone NAAQS. EPA is publishing this rule without prior proposal
because the Agency views this as a non-controversial amendment 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 an adverse comment be filed. This rule will be effective on
March 22, 2013 without further notice unless the Agency receives
adverse comment by March 22, 2013. 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 April 22, 2013 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 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 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, 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 April 22, 2013. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Ozone,
Intergovernmental relations, Incorporation by reference, Nitrogen
dioxides, Reporting and recordkeeping requirements, and Volatile
organic compounds.
Dated: February 7, 2013.
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 II--Tennessee
0
2. Section 52.2220(e) is amended by adding a new entry at the end of
the table for the ``MVEB Update for the 1-hour Ozone Maintenance Plan
for Knox County, Tennessee'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 11758]]
EPA Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of non-regulatory SIP or nonattainment State EPA approval date Explanation
provision area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
MVEB Update for the 1-hour Ozone Knox County, TN...... 12/13/2012 02/20/13.............
Maintenance Plan for Knox County, [Insert citation of
Tennessee. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-03763 Filed 2-19-13; 8:45 am]
BILLING CODE 6560-50-P
