Air Plan Approval and Air Quality Designation; TN; Redesignation of the Knoxville 2006 24-hour PM2.5, 40718-40720 [2017-18088]
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40718
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2017–0086; FRL–9966–93Region 4]
Air Plan Approval and Air Quality
Designation; TN; Redesignation of the
Knoxville 2006 24-hour PM2.5
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On December 20, 2016,
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Knoxville-Sevierville-La Follette,
TN fine particulate matter (PM2.5)
nonattainment area (hereinafter referred
to as the ‘‘Knoxville Area’’ or ‘‘Area’’) to
attainment for the 2006 24-hour PM2.5
national ambient air quality standards
(NAAQS) and to approve a state
implementation plan (SIP) revision
containing a maintenance plan and a
reasonably available control measures
(RACM) determination for the Area.
EPA is approving Tennessee’s RACM
determination for the Knoxville Area
and incorporating it into the SIP;
approving Tennessee’s plan for
maintaining the 2006 24-hour PM2.5
NAAQS for the Knoxville Area
(maintenance plan), including the
associated motor vehicle emission
budgets (MVEBs) for nitrogen oxides
(NOX) and direct PM2.5 for the years
2014 and 2028, and incorporating it into
the SIP; and redesignating the Knoxville
Area to attainment for the 2006 24-hour
PM2.5 NAAQS.
DATES: This rule is effective September
27, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0086. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
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SUMMARY:
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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:
Sean Lakeman of the Air Regulatory
Management Section, in the Air
Planning and Implementation Branch,
Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Sean
Lakeman may be reached by phone at
(404) 562–9043, or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA promulgated
the first air quality standards for PM2.5.
EPA promulgated an annual standard at
a level of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations. In
the same rulemaking, EPA promulgated
a 24-hour standard of 65 mg/m3, based
on a 3-year average of the 98th
percentile of 24-hour concentrations. On
October 17, 2006 (71 FR 61144), EPA
retained the annual average NAAQS at
15.0 mg/m3 but revised the 24-hour
NAAQS to 35 mg/m3, based again on the
3-year average of the 98th percentile of
24-hour concentrations.
On November 13, 2009, at 74 FR
58688, EPA designated the Knoxville
Area as nonattainment for the 2006 24hour PM2.5 NAAQS. All 2006 PM2.5
NAAQS areas were designated under
title I, part D, subpart 1 (hereinafter
‘‘Subpart 1’’). Subpart 1 contains the
general requirements for nonattainment
areas for any pollutant governed by a
NAAQS and is less prescriptive than the
other subparts of title I, part D. On April
25, 2007 (72 FR 20586), EPA
promulgated its Clean Air Fine Particle
Implementation Rule, codified at 40
CFR part 51, subpart Z, in which the
Agency provided guidance for state and
tribal plans to implement the PM2.5
NAAQS. The United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) remanded the
Clean Air Fine Particle Implementation
Rule and the final rule entitled
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (73 FR 28321, May 16, 2008)
(collectively, ‘‘1997 PM2.5
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Sfmt 4700
Implementation Rules’’) to EPA on
January 4, 2013, in Natural Resources
Defense Council v. EPA, 706 F.3d 428
(D.C. Cir. 2013). The Court found that
EPA erred in implementing the 1997
PM2.5 NAAQS pursuant to the general
implementation provisions of Subpart 1,
rather than the particulate matterspecific provisions of title I, part D,
subpart 4 (hereinafter ‘‘Subpart 4’’).
On June 2, 2014, EPA published a rule
entitled ‘‘Identification of
Nonattainment Classification and
Deadlines for Submission of State
Implementation Plan (SIP) Provisions
for the 1997 Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) and 2006 PM2.5 NAAQS’’. See
79 FR 31566. In that rule, the Agency
responded to the D.C. Circuit’s January
2013 decision by identifying all PM2.5
nonattainment areas for the 1997 and
2006 PM2.5 NAAQS as ‘‘moderate’’
nonattainment areas under Subpart 4,
and by establishing a new SIP
submission date of December 31, 2014,
for moderate area attainment plans and
for any additional attainment-related or
nonattainment new source review plans
necessary for areas to comply with the
requirements applicable under Subpart
4. Id. at 31567–70.
Based on its moderate nonattainment
area classification, Tennessee was
required to submit a SIP revision
addressing RACM pursuant to CAA
section 172(c)(1) and section
189(a)(1)(C) for the Area. Although EPA
does not believe that section 172(c)(1)
and section 189(a)(1)(C) RACM must be
approved into a SIP prior to
redesignation of an area to attainment
once that area is attaining the NAAQS,
EPA is approving Tennessee’s RACM
determination and incorporating it into
its SIP pursuant to a recent decision by
the United States Court of Appeals for
the Sixth Circuit in Sierra Club v. EPA,
793 F.3d 656 (6th Cir. 2015).
In a notice of proposed rulemaking
(NPRM) published on May 30, 2017 (82
FR 24621), EPA proposed to: (1)
Approve Tennessee’s RACM
determination for the Knoxville Area
pursuant to CAA sections 172(c)(1) and
189(a)(1)(C) and incorporate it into the
SIP; (2) approve Tennessee’s plan for
maintaining the 2006 24-hour PM2.5
NAAQS (maintenance plan), including
the associated 2014 and 2028 MVEBs for
PM2.5 and NOX for the Knoxville Area,
and incorporate it into the SIP; and (3)
redesignate the Knoxville Area to
attainment for the 2006 24-hour PM2.5
NAAQS.1 The details of Tennessee’s
1 In a notice published in the Federal Register on
March 10, 2017, EPA announced that it had found
the MVEBs for the Knoxville Area for the 2006 24-
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
submittal and the rationale for EPA’s
actions are explained in the NPRM. EPA
did not receive any adverse comments
on the proposed action.
II. What are the effects of these actions?
EPA’s approval of Tennessee’s
redesignation request changes the legal
designation of Anderson, Blount, Knox,
and Loudon Counties and a portion of
Roane County for the 2006 24-hour
PM2.5 NAAQS, found at 40 CFR part 81,
from nonattainment to attainment.
Approval of Tennessee’s associated SIP
revision also incorporates a plan for
maintaining the 2006 24-hour PM2.5
NAAQS in the Area through 2028 and
Tennessee’s RACM determination into
the Tennessee SIP. The maintenance
plan includes contingency measures to
remedy any future violations of the 2006
24-hour PM2.5 NAAQS and procedures
for evaluation of potential violations.
The maintenance plan also includes
NOX and PM2.5 MVEBs for 2014 and
2028 for the Knoxville Area. The 2014
and 2028 PM2.5 MVEBs are 1.22 tons per
day (tpd) and 0.67 tpd, respectively. The
2014 and 2028 NOX MVEBs are 42.73
tpd and 19.65 tpd, respectively.
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III. Final Actions
EPA is taking the following final
actions: (1) Approving Tennessee’s
RACM determination for the Knoxville
Area pursuant to CAA sections 172(c)(1)
and 189(a)(1)(C) and incorporating it
into the SIP; (2) approving Tennessee’s
plan for maintaining the 2006 24-hour
PM2.5 NAAQS (maintenance plan),
including the associated 2014 and 2028
MVEBs for the Knoxville Area, and
incorporating it into the SIP; and (3)
redesignating the Knoxville Area to
attainment for the 2006 24-hour PM2.5
NAAQS.
Approval of the redesignation request
changes the official designation of
Anderson, Blount, Knox, and Loudon
Counties and a portion of Roane County
for the 2006 24-hour PM2.5 NAAQS,
found at 40 CFR part 81, from
nonattainment to attainment.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
hour PM2.5 NAAQS adequate for transportation
conformity purposes. See 82 FR 13347.
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create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 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, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January, 21, 2011);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
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40719
substantial direct costs of tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 27, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are 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.
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
Subpart RR—Tennessee
2. Section 52.2220(e) is amended by
adding entries for ‘‘2006 24-hour PM2.5
Maintenance Plan for the Knoxville-
■
Sevierville-La Follette Area’’ and
‘‘RACM determination for the
Knoxville-Sevierville-La Follette Area
for the 2006 24-hour PM2.5 NAAQS’’ 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
*
*
2006 24-hour PM2.5 Maintenance Plan
for the Knoxville-Sevierville-La Follette
Area.
*
*
Anderson, Blount, Knox, and Loudon
Counties and a portion of Roane
County (the area described by U.S.
Census 2000 block group identifier
47–145–0307–2.).
Anderson, Blount, Knox, and Loudon
Counties and a portion of Roane
County (the area described by U.S.
Census 2000 block group identifier
47–145–0307–2.).
RACM determination for the KnoxvilleSevierville-La Follette Area for the
2006 24-hour PM2.5 NAAQS.
State effective
date
EPA approval date
*
12/20/2016
*
8/28/2017 [Insert citation of publication].
12/20/2016
8/28/2017 [Insert citation of publication].
Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. In § 81.343, the table entitled
‘‘Tennessee—2006 24-Hour PM 2.5
NAAQS’’ is amended by revising the
3. The authority citation for part 81
continues to read as follows:
*
entry for ‘‘Knoxville-Sevierville-La
Follette, TN:’’ to read as follows:
■
■
Explanation
§ 81.343
*
Tennessee.
*
*
*
*
TENNESSEE—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
Knoxville-Sevierville-La Follette, TN:
Anderson County ..................................................................................
Blount County ........................................................................................
Knox County ..........................................................................................
Loudon County ......................................................................................
Roane County (part) .............................................................................
The area described by U.S. Census 2000 block group identifier 47–
145–0307–2..
*
*
*
Type
Date 2
Type
8/28/2017
........................
........................
........................
........................
........................
........................
Attainment .................
Attainment .................
Attainment .................
Attainment .................
Attainment .................
Attainment .................
....................................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
*
*
*
*
a Includes
1 This
2 This
*
*
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
*
*
*
DEPARTMENT OF COMMERCE
[FR Doc. 2017–18088 Filed 8–25–17; 8:45 am]
National Oceanic and Atmospheric
Administration
BILLING CODE 6560–50–P
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is temporarily closing
the U.S. commercial fishery for Pacific
bluefin tuna in the eastern Pacific Ocean
(EPO) through December 31, 2017,
because the 2017 catch limit of 425
metric tons has been exceeded. This
action is necessary to prevent the
fishery from further exceeding the
applicable catch limit established by the
Inter-American Tropical Tuna
Commission (IATTC) in Resolution C–
16–08 (Measures for the Conservation
and Management of Pacific Bluefin
Tuna in the Eastern Pacific Ocean).
SUMMARY:
50 CFR Part 300
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[Docket No. 160422356–7283–02]
RIN 0648–XF630
International Fisheries; Pacific Tuna
Fisheries; 2017 Commercial Pacific
Bluefin Tuna Fishery Closure in the
Eastern Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Agencies
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40718-40720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18088]
[[Page 40718]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2017-0086; FRL-9966-93-Region 4]
Air Plan Approval and Air Quality Designation; TN; Redesignation
of the Knoxville 2006 24-hour PM2.5 Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 20, 2016, Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), submitted a request
for the Environmental Protection Agency (EPA) to redesignate the
Knoxville-Sevierville-La Follette, TN fine particulate matter
(PM2.5) nonattainment area (hereinafter referred to as the
``Knoxville Area'' or ``Area'') to attainment for the 2006 24-hour
PM2.5 national ambient air quality standards (NAAQS) and to
approve a state implementation plan (SIP) revision containing a
maintenance plan and a reasonably available control measures (RACM)
determination for the Area. EPA is approving Tennessee's RACM
determination for the Knoxville Area and incorporating it into the SIP;
approving Tennessee's plan for maintaining the 2006 24-hour
PM2.5 NAAQS for the Knoxville Area (maintenance plan),
including the associated motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and direct PM2.5 for the
years 2014 and 2028, and incorporating it into the SIP; and
redesignating the Knoxville Area to attainment for the 2006 24-hour
PM2.5 NAAQS.
DATES: This rule is effective September 27, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0086. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation 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: Sean Lakeman of the Air Regulatory
Management Section, in the Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Sean Lakeman may be reached by phone at (404) 562-9043, or
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
On November 13, 2009, at 74 FR 58688, EPA designated the Knoxville
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. All
2006 PM2.5 NAAQS areas were designated under title I, part
D, subpart 1 (hereinafter ``Subpart 1''). Subpart 1 contains the
general requirements for nonattainment areas for any pollutant governed
by a NAAQS and is less prescriptive than the other subparts of title I,
part D. On April 25, 2007 (72 FR 20586), EPA promulgated its Clean Air
Fine Particle Implementation Rule, codified at 40 CFR part 51, subpart
Z, in which the Agency provided guidance for state and tribal plans to
implement the PM2.5 NAAQS. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
the Clean Air Fine Particle Implementation Rule and the final rule
entitled ``Implementation of the New Source Review (NSR) Program for
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' (73
FR 28321, May 16, 2008) (collectively, ``1997 PM2.5
Implementation Rules'') to EPA on January 4, 2013, in Natural Resources
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). The Court found
that EPA erred in implementing the 1997 PM2.5 NAAQS pursuant
to the general implementation provisions of Subpart 1, rather than the
particulate matter-specific provisions of title I, part D, subpart 4
(hereinafter ``Subpart 4'').
On June 2, 2014, EPA published a rule entitled ``Identification of
Nonattainment Classification and Deadlines for Submission of State
Implementation Plan (SIP) Provisions for the 1997 Fine Particle
(PM2.5) National Ambient Air Quality Standard (NAAQS) and
2006 PM2.5 NAAQS''. See 79 FR 31566. In that rule, the
Agency responded to the D.C. Circuit's January 2013 decision by
identifying all PM2.5 nonattainment areas for the 1997 and
2006 PM2.5 NAAQS as ``moderate'' nonattainment areas under
Subpart 4, and by establishing a new SIP submission date of December
31, 2014, for moderate area attainment plans and for any additional
attainment-related or nonattainment new source review plans necessary
for areas to comply with the requirements applicable under Subpart 4.
Id. at 31567-70.
Based on its moderate nonattainment area classification, Tennessee
was required to submit a SIP revision addressing RACM pursuant to CAA
section 172(c)(1) and section 189(a)(1)(C) for the Area. Although EPA
does not believe that section 172(c)(1) and section 189(a)(1)(C) RACM
must be approved into a SIP prior to redesignation of an area to
attainment once that area is attaining the NAAQS, EPA is approving
Tennessee's RACM determination and incorporating it into its SIP
pursuant to a recent decision by the United States Court of Appeals for
the Sixth Circuit in Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
In a notice of proposed rulemaking (NPRM) published on May 30, 2017
(82 FR 24621), EPA proposed to: (1) Approve Tennessee's RACM
determination for the Knoxville Area pursuant to CAA sections 172(c)(1)
and 189(a)(1)(C) and incorporate it into the SIP; (2) approve
Tennessee's plan for maintaining the 2006 24-hour PM2.5
NAAQS (maintenance plan), including the associated 2014 and 2028 MVEBs
for PM2.5 and NOX for the Knoxville Area, and
incorporate it into the SIP; and (3) redesignate the Knoxville Area to
attainment for the 2006 24-hour PM2.5 NAAQS.\1\ The details
of Tennessee's
[[Page 40719]]
submittal and the rationale for EPA's actions are explained in the
NPRM. EPA did not receive any adverse comments on the proposed action.
---------------------------------------------------------------------------
\1\ In a notice published in the Federal Register on March 10,
2017, EPA announced that it had found the MVEBs for the Knoxville
Area for the 2006 24-hour PM2.5 NAAQS adequate for
transportation conformity purposes. See 82 FR 13347.
---------------------------------------------------------------------------
II. What are the effects of these actions?
EPA's approval of Tennessee's redesignation request changes the
legal designation of Anderson, Blount, Knox, and Loudon Counties and a
portion of Roane County for the 2006 24-hour PM2.5 NAAQS,
found at 40 CFR part 81, from nonattainment to attainment. Approval of
Tennessee's associated SIP revision also incorporates a plan for
maintaining the 2006 24-hour PM2.5 NAAQS in the Area through
2028 and Tennessee's RACM determination into the Tennessee SIP. The
maintenance plan includes contingency measures to remedy any future
violations of the 2006 24-hour PM2.5 NAAQS and procedures
for evaluation of potential violations. The maintenance plan also
includes NOX and PM2.5 MVEBs for 2014 and 2028
for the Knoxville Area. The 2014 and 2028 PM2.5 MVEBs are
1.22 tons per day (tpd) and 0.67 tpd, respectively. The 2014 and 2028
NOX MVEBs are 42.73 tpd and 19.65 tpd, respectively.
III. Final Actions
EPA is taking the following final actions: (1) Approving
Tennessee's RACM determination for the Knoxville Area pursuant to CAA
sections 172(c)(1) and 189(a)(1)(C) and incorporating it into the SIP;
(2) approving Tennessee's plan for maintaining the 2006 24-hour
PM2.5 NAAQS (maintenance plan), including the associated
2014 and 2028 MVEBs for the Knoxville Area, and incorporating it into
the SIP; and (3) redesignating the Knoxville Area to attainment for the
2006 24-hour PM2.5 NAAQS.
Approval of the redesignation request changes the official
designation of Anderson, Blount, Knox, and Loudon Counties and a
portion of Roane County for the 2006 24-hour PM2.5 NAAQS,
found at 40 CFR part 81, from nonattainment to attainment.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 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, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January, 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs of tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 27, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are 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.
[[Page 40720]]
Subpart RR--Tennessee
0
2. Section 52.2220(e) is amended by adding entries for ``2006 24-hour
PM2.5 Maintenance Plan for the Knoxville-Sevierville-La
Follette Area'' and ``RACM determination for the Knoxville-Sevierville-
La Follette Area for the 2006 24-hour PM2.5 NAAQS'' 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
provision nonattainment effective date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2006 24-hour PM2.5 Anderson, 12/20/2016 8/28/2017 [Insert citation ..................
Maintenance Plan for the Blount, Knox, of publication].
Knoxville-Sevierville-La and Loudon
Follette Area. Counties and a
portion of
Roane County
(the area
described by
U.S. Census
2000 block
group
identifier 47-
145-0307-2.).
RACM determination for the Anderson, 12/20/2016 8/28/2017 [Insert citation ..................
Knoxville-Sevierville-La Blount, Knox, of publication].
Follette Area for the 2006 and Loudon
24-hour PM2.5 NAAQS. Counties and a
portion of
Roane County
(the area
described by
U.S. Census
2000 block
group
identifier 47-
145-0307-2.).
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.343, the table entitled ``Tennessee--2006 24-Hour PM
2.5 NAAQS'' is amended by revising the entry for
``Knoxville-Sevierville-La Follette, TN:'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Knoxville-Sevierville-La Follette, 8/28/2017 Attainment....................... ........... ...........
TN:
Anderson County................ .............. Attainment....................... ........... ...........
Blount County.................. .............. Attainment....................... ........... ...........
Knox County.................... .............. Attainment....................... ........... ...........
Loudon County.................. .............. Attainment....................... ........... ...........
Roane County (part)............ .............. Attainment....................... ........... ...........
The area described by U.S. .............. ................................. ........... ...........
Census 2000 block group
identifier 47-145-0307-2..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2017-18088 Filed 8-25-17; 8:45 am]
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