Approval and Promulgation of Implementation Plans; State of Tennessee; Knoxville; Fine Particulate Matter 2008 Base Year Emissions Inventory, 33097-33100 [2014-13422]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
without limitation.’’ Alabama v. Texas,
347 U.S. 272, 273 (1954) (per curiam)
(internal quotation marks and citation
omitted). Congress has expressly
delegated its disposal powers to the
Postal Service. See 39 U.S.C. 401(5).
Thus, even if the public trust doctrine
somehow applied to the federal
government as a general matter, the
doctrine still would not encumber the
Postal Service as a statutory matter. See
39 U.S.C. 410(a).
Even if the public trust doctrine had
any relevance for disposals of
government property, the public trust
doctrine is a distinct area of state law
that does not apply to a federal NEPA
rulemaking. PPL Mont., LLC v. Montana,
132 S. Ct. 1215, 1235 (2012)
(emphasizing that the public trust
doctrine ‘‘remains a matter of state
law’’). As such, the Constitution’s
Supremacy Clause bars it from applying
to the Postal Service.
emcdonald on DSK67QTVN1PROD with RULES
Effect on Public Participation
One group of commenters asserts that
the interim final rule would reduce
public participation in the facility
disposal process at a time when there is
great national interest in historic Post
Offices. Adoption of this final rule will
have no adverse effect on the existing
robust avenues for public participation
in Postal Service processes for disposals
of historic properties. The Postal
Service, itself a historic institution,
highly values its historic properties and
takes seriously its voluntary compliance
with sections 106, 110, and 111 of the
National Historic Preservation Act and
the historic preservation regulations.
In particular, with respect to the
occasional sale of an historic post office,
the Postal Service strictly adheres to the
section 106 regulations (36 CFR part
800), which provide a comprehensive,
consistent, transparent, consultative
process. That process requires
identifying historic properties, assessing
the effects of Postal Service
undertakings and, in consultation with
local officials and with community
input, seeking ways to avoid, minimize
or mitigate any adverse effects on
historic properties. Additionally, for
real property disposals, under its
regulations implementing applicable
provisions of the Intergovernmental
Cooperation Act (39 CFR part 778), the
Postal Service provides opportunities
for consultation by elected officials of
those state and local governments that
would be directly affected by the Postal
Service’s real property disposals.
List of Subjects in 39 CFR Part 775
Environmental impact statements.
VerDate Mar<15>2010
16:04 Jun 09, 2014
Jkt 232001
For the reasons stated in the
preamble, 39 CFR part 775 is amended
as follows:
PART 775—NATIONAL
ENVIRONMENTAL POLICY ACT
PROCEDURES
1. The authority citation for 39 CFR
part 775 continues to read as follows:
■
Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et
seq.; 40 CFR 1500.4.
2. In § 775.6, paragraph (e)(8) is
revised to read as follows:
■
§ 775.6
Categorical exclusions.
*
*
*
*
*
(e) * * *
(8) Disposal of properties where the
size, area, topography, and zoning are
similar to existing surrounding
properties and/or where current and
reasonable anticipated uses are or
would be similar to current surrounding
uses (e.g., commercial store in a
commercial strip, warehouse in an
urban complex, office building in
downtown area, row house or vacant lot
in an urban area).
*
*
*
*
*
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2014–13418 Filed 6–9–14; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0738; FRL–9911–97–
Region–4]
Approval and Promulgation of
Implementation Plans; State of
Tennessee; Knoxville; Fine Particulate
Matter 2008 Base Year Emissions
Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2006 24-hour fine
particulate matter (PM2.5) 2008 base year
emissions inventory portion of the State
Implementation Plan (SIP) revision
submitted by the State of Tennessee
through the Tennessee Department of
Environment and Conservation (TDEC)
on October 18, 2013. The emissions
inventory is part of Tennessee’s October
18, 2013, attainment demonstration SIP
revision that was submitted to meet
Clean Air Act (CAA or Act)
requirements related to the Knoxville
SUMMARY:
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
33097
nonattainment area for the 2006 24-hour
PM2.5 national ambient air quality
standards (NAAQS), hereinafter referred
to as ‘‘the Knoxville Area’’ or ‘‘Area.’’
The Knoxville 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.
DATES: This direct final rule is effective
on August 11, 2014 without further
notice, unless EPA receives relevant
adverse comment by July 10, 2014. 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–2013–0738, 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–2013–
0738,’’ 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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2013–
0738. 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
E:\FR\FM\10JNR1.SGM
10JNR1
33098
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Joydeb Majumder, 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) 562–9121.
Mr. Majumder can be reached via
electronic mail at Majumder.joydeb@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 17, 2006, (71 FR 61144),
EPA established the 24-hour PM2.5
NAAQS at 35.0 micrograms per cubic
meter. On November 13, 2009 (74 FR
58688), EPA published its air quality
designations and classifications for the
2006 24-hour PM2.5 NAAQS based upon
air quality monitoring data for calendar
years 2006–2008. These designations
became effective on December 14, 2009.
The Knoxville Area was designated
nonattainment for the 2006 24-hour
PM2.5 NAAQS.
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. On June 6, 2012
(77 FR 33360), EPA proposed that the
Knoxville Area had attained the 2006
24-hour PM2.5 NAAQS. The proposed
determination of attainment was based
upon quality-assured and certified
ambient air monitoring data for the
2009–2011 time period. EPA published
the final determination of attainment on
August 2, 2012 (77 FR 45954).1 In
accordance with the final determination
of attainment, the requirements for the
Knoxville Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other SIP revisions related to attainment
of the standard are suspended, so long
as the Area continues to attain the 2006
24-hour PM2.5 NAAQS.
The determination of attainment,
however, does not suspend the
emissions inventory requirement found
in the CAA section 172(c)(3). On
October 18, 2013, Tennessee submitted
a 2008 base year emissions inventory for
the 2006 PM2.5 24-hour NAAQS in the
Knoxville Area.
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 2008 as the
base year for the emissions inventory
per 40 CFR 51.1008(b) because, at the
time that the State submitted its October
18, 2013, SIP revision, it was the most
recent calendar year for which the State
had developed a comprehensive
emissions inventory to meet the federal
National Emissions Inventory
requirements. The emissions inventory
contained in TDEC’s SIP revision covers
the general source categories of point
sources, non-road mobile sources, area
sources, and on-road mobile sources of
direct and precursor emissions of PM2.5.
The precursor emissions included in the
Knoxville Area emissions inventory
include ammonia (NH3), nitrogen oxides
(NOX), sulfur dioxide (SO2), and volatile
organic compounds (VOCs). A detailed
discussion of the emissions inventory
development can be found in Appendix
A of the Tennessee submittal found in
the docket of today’s rulemaking. The
table below provides a summary of the
annual 2008 emissions of NH3, NOX,
VOCs, SO2, and direct PM2.5 included in
the Tennessee submittal.
2008 ANNUAL EMISSIONS FOR THE KNOXVILLE AREA
[Tons per year]
County
NOX
SO2
PM2.5
VOC
NH3
emcdonald on DSK67QTVN1PROD with RULES
Point Sources
Anderson ..............................................................................
Blount ...................................................................................
Knox .....................................................................................
Loudon .................................................................................
Roane* .................................................................................
1 EPA’s August 2, 2012, final rulemaking also
finalized the determination of attaining data for the
VerDate Mar<15>2010
16:04 Jun 09, 2014
Jkt 232001
9,561.1
409.0
1,988.7
910.4
7,927.2
30,338.3
3,862.8
466.1
2,329.6
50,616.2
1997 annual PM2.5 NAAQS for the Knoxville Area.
EPA published approval of the 1997 annual PM2.5
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
444.0
679.4
144.8
368.8
842.0
227.8
1,891.1
551.2
875.3
152.1
1.2
........................
0.1
2.6
18.8
NAAQS base year emissions inventory for the
Knoxville Area on August 21, 2012 (77 FR 50378).
E:\FR\FM\10JNR1.SGM
10JNR1
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
33099
2008 ANNUAL EMISSIONS FOR THE KNOXVILLE AREA—Continued
[Tons per year]
County
SO2
NOX
PM2.5
VOC
NH3
Non-Road Sources
Anderson ..............................................................................
Blount ...................................................................................
Knox .....................................................................................
Loudon .................................................................................
Roane* .................................................................................
866.2
911.0
2,252.7
510.1
6.5
24.8
46.4
43.1
18.1
0.2
52.5
78.1
212.6
40.8
0.4
786.4
1,187.8
2,444.7
809.6
10.4
0.6
0.7
2.7
0.5
0.0
64.8
1,984.7
42.4
361.3
0.2
522.4
718.9
1,285.0
344.7
2.8
1,331.9
1,890.9
3,887.9
686.6
6.7
102.9
319.4
303.9
281.8
1.1
41.9
33.3
67.4
62.3
0.6
87.7
82.5
408.1
121.7
1.2
886.7
1,255.5
6,178.3
784.0
10.8
36.7
48.1
234.7
34.9
0.4
Area Sources
Anderson ..............................................................................
Blount ...................................................................................
Knox .....................................................................................
Loudon .................................................................................
Roane* .................................................................................
735.3
919.8
1,027.4
413.5
4.6
On-Road Sources
Anderson ..............................................................................
Blount ...................................................................................
Knox .....................................................................................
Loudon .................................................................................
Roane* .................................................................................
2,353.5
2,340.1
13,178.5
2,979.1
30.7
emcdonald on DSK67QTVN1PROD with RULES
* Nonattainment portion of Roane County only.
Tennessee developed the 2008
emissions inventory for the Knoxville
Area by incorporating 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,
non-road 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 2008 baseyear emissions inventory that was
submitted in TDEC’s SIP revision for the
Knoxville Area. The 2008 base-year
emissions for the 2008 inventory
included here were developed in a
number of ways. Some of the
information was developed at the local
and state level. Some emissions data
were developed by EPA as described in
EPA’s 2008 National Emissions
Inventory, Version 2, Technical Support
Document, June 2012, Draft
documentation. Some data sets are a
hybrid of the two—where local inputs
are provided to EPA to generate
emissions. Tennessee’s emissions
inventory data were developed
according to the most recent EPA
emissions inventory guidance available
at the time that Tennessee submitted the
October 18, 2013, SIP revision.
EPA has reviewed the 2008 base year
emissions inventory for the Knoxville
Area in Tennessee’s October 18, 2013,
VerDate Mar<15>2010
16:04 Jun 09, 2014
Jkt 232001
SIP revision and determined that the
process used to develop this inventory
was consistent with the CAA,
implementing regulations, and EPA
guidance for emissions inventories. EPA
has therefore determined that this
emissions inventory is adequate for the
purposes of meeting the emissions
inventory requirement in section
172(c)(3).
received during the comment period 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 by July 10, 2014. If no such
comments are received, this rule will be
effective on August 11, 2014 and no
further action will be taken on the
proposed rule.
III. Final Action
EPA is taking direct final action to
approve the 2008 base year emissions
inventory portion of the attainment
demonstration SIP revision for the
Knoxville Area submitted by the State of
Tennessee on October 18, 2013. EPA
determined that this action is consistent
with section 110 and 172(c)(3) 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 relevant adverse comment be
filed. This rule will be effective on
August 11, 2014 without further notice
unless the Agency receives relevant
adverse comment by July 10, 2014. If
EPA receives such comments, EPA will
publish a document withdrawing the
final rule and informing the public that
the rule will not take effect. EPA will
address all relevant adverse comment
IV. Statutory and Executive Order
Reviews
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
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
E:\FR\FM\10JNR1.SGM
10JNR1
33100
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
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
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 August 11, 2014. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 22, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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; 2006
24-hour Fine Particulate Matter 2008
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
*
Knoxville; 2006 24-hour Fine
Particulate Matter 2008
Base Year Emissions Inventory.
*
State effective
date
*
Anderson, Blount, Knox, and
Loudon Counties, and the
portion of Roane County
that falls within the census
block that includes the Tennessee Valley Authority’s
Kingston Fossil Plant.
EPA approval date
*
10/9/2013
*
6/10/2014 [Insert citation of
publication].
[FR Doc. 2014–13422 Filed 6–9–14; 8:45 am]
emcdonald on DSK67QTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Mar<15>2010
17:26 Jun 09, 2014
Jkt 232001
PO 00000
Frm 00058
Fmt 4700
Sfmt 9990
E:\FR\FM\10JNR1.SGM
10JNR1
Explanation
*
]]>Agencies
[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33097-33100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13422]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0738; FRL-9911-97-Region-4]
Approval and Promulgation of Implementation Plans; State of
Tennessee; Knoxville; Fine Particulate Matter 2008 Base Year Emissions
Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2006 24-hour fine particulate matter
(PM2.5) 2008 base year emissions inventory portion of the
State Implementation Plan (SIP) revision submitted by the State of
Tennessee through the Tennessee Department of Environment and
Conservation (TDEC) on October 18, 2013. The emissions inventory is
part of Tennessee's October 18, 2013, attainment demonstration SIP
revision that was submitted to meet Clean Air Act (CAA or Act)
requirements related to the Knoxville nonattainment area for the 2006
24-hour PM2.5 national ambient air quality standards
(NAAQS), hereinafter referred to as ``the Knoxville Area'' or ``Area.''
The Knoxville 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.
DATES: This direct final rule is effective on August 11, 2014 without
further notice, unless EPA receives relevant adverse comment by July
10, 2014. 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-2013-0738, 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-2013-0738,'' 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 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0738. 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
[[Page 33098]]
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 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, 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) 562-9121. Mr. Majumder can be reached via electronic mail at
Majumder.joydeb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 17, 2006, (71 FR 61144), EPA established the 24-hour
PM2.5 NAAQS at 35.0 micrograms per cubic meter. On November
13, 2009 (74 FR 58688), EPA published its air quality designations and
classifications for the 2006 24-hour PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2006-2008. These
designations became effective on December 14, 2009. The Knoxville Area
was designated nonattainment for the 2006 24-hour PM2.5
NAAQS.
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. On June 6, 2012 (77 FR 33360), EPA proposed that
the Knoxville Area had attained the 2006 24-hour PM2.5
NAAQS. The proposed determination of attainment was based upon quality-
assured and certified ambient air monitoring data for the 2009-2011
time period. EPA published the final determination of attainment on
August 2, 2012 (77 FR 45954).\1\ In accordance with the final
determination of attainment, the requirements for the Knoxville Area to
submit an attainment demonstration and associated reasonably available
control measures (RACM), a reasonable further progress (RFP) plan,
contingency measures, and other SIP revisions related to attainment of
the standard are suspended, so long as the Area continues to attain the
2006 24-hour PM2.5 NAAQS.
---------------------------------------------------------------------------
\1\ EPA's August 2, 2012, final rulemaking also finalized the
determination of attaining data for the 1997 annual PM2.5
NAAQS for the Knoxville Area. EPA published approval of the 1997
annual PM2.5 NAAQS base year emissions inventory for the
Knoxville Area on August 21, 2012 (77 FR 50378).
---------------------------------------------------------------------------
The determination of attainment, however, does not suspend the
emissions inventory requirement found in the CAA section 172(c)(3). On
October 18, 2013, Tennessee submitted a 2008 base year emissions
inventory for the 2006 PM2.5 24-hour NAAQS in the Knoxville
Area.
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 2008 as the
base year for the emissions inventory per 40 CFR 51.1008(b) because, at
the time that the State submitted its October 18, 2013, SIP revision,
it was the most recent calendar year for which the State had developed
a comprehensive emissions inventory to meet the federal National
Emissions Inventory requirements. The emissions inventory contained in
TDEC's SIP revision covers the general source categories of point
sources, non-road mobile sources, area sources, and on-road mobile
sources of direct and precursor emissions of PM2.5. The
precursor emissions included in the Knoxville Area emissions inventory
include ammonia (NH3), nitrogen oxides (NOX),
sulfur dioxide (SO2), and volatile organic compounds (VOCs).
A detailed discussion of the emissions inventory development can be
found in Appendix A of the Tennessee submittal found in the docket of
today's rulemaking. The table below provides a summary of the annual
2008 emissions of NH3, NOX, VOCs, SO2,
and direct PM2.5 included in the Tennessee submittal.
2008 Annual Emissions for the Knoxville Area
[Tons per year]
----------------------------------------------------------------------------------------------------------------
County NOX SO[ihel2] PM[ihel2].[ihel5] VOC NH[ihel3]
----------------------------------------------------------------------------------------------------------------
Point Sources
----------------------------------------------------------------------------------------------------------------
Anderson..................... 9,561.1 30,338.3 444.0 227.8 1.2
Blount....................... 409.0 3,862.8 679.4 1,891.1 ..............
Knox......................... 1,988.7 466.1 144.8 551.2 0.1
Loudon....................... 910.4 2,329.6 368.8 875.3 2.6
Roane*....................... 7,927.2 50,616.2 842.0 152.1 18.8
----------------------------------------------------------------------------------------------------------------
[[Page 33099]]
Non-Road Sources
----------------------------------------------------------------------------------------------------------------
Anderson..................... 866.2 24.8 52.5 786.4 0.6
Blount....................... 911.0 46.4 78.1 1,187.8 0.7
Knox......................... 2,252.7 43.1 212.6 2,444.7 2.7
Loudon....................... 510.1 18.1 40.8 809.6 0.5
Roane*....................... 6.5 0.2 0.4 10.4 0.0
----------------------------------------------------------------------------------------------------------------
Area Sources
----------------------------------------------------------------------------------------------------------------
Anderson..................... 735.3 64.8 522.4 1,331.9 102.9
Blount....................... 919.8 1,984.7 718.9 1,890.9 319.4
Knox......................... 1,027.4 42.4 1,285.0 3,887.9 303.9
Loudon....................... 413.5 361.3 344.7 686.6 281.8
Roane*....................... 4.6 0.2 2.8 6.7 1.1
----------------------------------------------------------------------------------------------------------------
On-Road Sources
----------------------------------------------------------------------------------------------------------------
Anderson..................... 2,353.5 41.9 87.7 886.7 36.7
Blount....................... 2,340.1 33.3 82.5 1,255.5 48.1
Knox......................... 13,178.5 67.4 408.1 6,178.3 234.7
Loudon....................... 2,979.1 62.3 121.7 784.0 34.9
Roane*....................... 30.7 0.6 1.2 10.8 0.4
----------------------------------------------------------------------------------------------------------------
* Nonattainment portion of Roane County only.
Tennessee developed the 2008 emissions inventory for the Knoxville
Area by incorporating 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, non-road 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 2008 base-year emissions inventory that was submitted in TDEC's
SIP revision for the Knoxville Area. The 2008 base-year emissions for
the 2008 inventory included here were developed in a number of ways.
Some of the information was developed at the local and state level.
Some emissions data were developed by EPA as described in EPA's 2008
National Emissions Inventory, Version 2, Technical Support Document,
June 2012, Draft documentation. Some data sets are a hybrid of the
two--where local inputs are provided to EPA to generate emissions.
Tennessee's emissions inventory data were developed according to the
most recent EPA emissions inventory guidance available at the time that
Tennessee submitted the October 18, 2013, SIP revision.
EPA has reviewed the 2008 base year emissions inventory for the
Knoxville Area in Tennessee's October 18, 2013, SIP revision and
determined that the process used to develop this inventory was
consistent with the CAA, implementing regulations, and EPA guidance for
emissions inventories. EPA has therefore determined that this emissions
inventory is adequate for the purposes of meeting the emissions
inventory requirement in section 172(c)(3).
III. Final Action
EPA is taking direct final action to approve the 2008 base year
emissions inventory portion of the attainment demonstration SIP
revision for the Knoxville Area submitted by the State of Tennessee on
October 18, 2013. EPA determined that this action is consistent with
section 110 and 172(c)(3) 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
relevant adverse comment be filed. This rule will be effective on
August 11, 2014 without further notice unless the Agency receives
relevant adverse comment by July 10, 2014. If EPA receives such
comments, EPA will publish a document withdrawing the final rule and
informing the public that the rule will not take effect. EPA will
address all relevant adverse comment received during the comment period
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 by July 10, 2014. If no such
comments are received, this rule will be effective on August 11, 2014
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
[[Page 33100]]
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 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 August 11, 2014. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: May 22, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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;
2006 24-hour Fine Particulate Matter 2008 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
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Knoxville; 2006 24-hour Fine Anderson, Blount, 10/9/2013 6/10/2014 [Insert
Particulate Matter 2008 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.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-13422 Filed 6-9-14; 8:45 am]
BILLING CODE 6560-50-P
