[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Rules and Regulations]
[Pages 62470-62472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25461]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0228-201038; FRL- 9212-6]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attaining Data for the 1997 8-Hour Ozone
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On February 19, 2010, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), submitted
a request to EPA to make a determination that the Knoxville, Tennessee
nonattainment area for the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS) has attained these standards based on quality
assured, quality controlled monitoring data from 2007 through 2009. The
Knoxville 1997 8-hour ozone nonattainment area is comprised of
Anderson, Blount, Jefferson, Knox, Loudon, and Sevier Counties in their
entireties, and the portion of Cocke County that falls within the
boundary of the Great Smoky Mountains National Park (hereafter referred
to as ``the Knoxville Area''). In this action, EPA is taking final
action to determine that the Knoxville Area has attained the 1997 8-
hour ozone NAAQS. This determination is based upon complete, quality
assured, quality controlled, and certified ambient air monitoring data
for the years 2007-2009 showing that the Knoxville Area has monitored
attainment of the 1997 8-hour ozone NAAQS. This final action is
consistent with the CAA, and EPA policy and guidance.
DATES: Effective Date: This final rule is effective on October 12,
2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2007-0228. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection during normal
business hours 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.
FOR FURTHER INFORMATION CONTACT: Royce Dansby-Sparks, 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. Mr. Dansby-Sparks may
be reached by phone at (404) 562-9187 or via electronic mail at dansby-sparks.royce@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. What is the effective date?
V. What are the statutory and executive order reviews?
I. What action is EPA taking?
EPA is determining that the Knoxville Area (comprised of Anderson,
Blount, Jefferson, Knox, Loudon, and Sevier Counties in their
entireties, and the portion of Cocke County that falls within the
boundary of the Great Smoky Mountains National Park) has attaining data
for the 1997 8-hour ozone NAAQS. This determination is based upon
quality assured, quality controlled and certified ambient air
monitoring data that shows the Knoxville Area has monitored attainment
of the 1997 8-hour ozone NAAQS based on the 2007-2009 data.
Other specific requirements of the determination and the rationale
for EPA's final action are explained in the notice of proposed
rulemaking (NPR) published on August 3, 2010 (75 FR 45568) and will not
be restated here. The comment period closed on September 2, 2010. No
comments, adverse or otherwise, were received in response to the NPR.
II. What is the effect of this action?
This final action, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit attainment demonstrations,
associated reasonably available control measures (RACM), reasonable
further progress plans (RFP), contingency measures, and other planning
SIPs related to attainment of the 1997 8-hour ozone NAAQS as long as
this Area continues to meet the 1997 8-hour ozone NAAQS. Finalizing
this action does not
[[Page 62471]]
constitute a redesignation of the Knoxville Area to attainment for the
1997 8-hour ozone NAAQS under section 107(d)(3) of the Clean Air Act
(CAA). Further, finalizing this action does not involve approving
maintenance plans for the Area as required under section 175A of the
CAA, nor does it involve a determination that the Area has met all
requirements for a redesignation.
III. What is EPA's final action?
EPA is determining that the Knoxville Area has attaining data for
the 1997 8-hour ozone NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
showing that the Knoxville Area has monitored attainment of the 1997 8-
hour ozone NAAQS during the period 2007-2009. This final action, in
accordance with 40 CFR 51.918, will suspend the requirements for this
Area to submit attainment demonstrations, associated RACM, RFP plans,
contingency measures, and other planning SIPs related to attainment of
the 1997 8-hour ozone NAAQS as long as the Area continues to meet the
1997 8-hour ozone NAAQS.
IV. What is the effective date?
An expedited effective date for this action is authorized under
both 5 U.S.C. 553(d)(1), which provides that rule actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction'' and section 5
U.S.C. 553(d)(3), which allows an effective date less than 30 days
after publication ``as otherwise provided by the agency for good cause
found and published with the rule.'' EPA finds that there is good cause
for this approval to become effective upon publication.
Approval of a clean data determination relieves the obligation for
the State of Tennessee to submit for the Knoxville Area an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other SIP-related planning requirements to attainment of the 1997
8-hour ozone NAAQS provided the Area does not monitor any violations of
the ozone standard. The relief from these obligations is sufficient
reason to allow an expedited effective date of the rule under 5 U.S.C.
553(d)(1). In addition, Tennessee's relief from these obligations
provides good cause to make this rule effective immediately upon
publication, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule relieves
obligations rather than imposes obligations, affected parties, such as
the State of Tennessee and the Knox County Department of Air Quality
Management, do not need time to adjust and prepare before the rule
takes effect.
V. What are statutory and executive order reviews?
Under the CAA, the Administrator is required to approve a SIP
submission or State request 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 or state requests, 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 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 December 13, 2010. 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, pertaining to the determination of attaining data
for the 1997 8-hour ozone standard for the Knoxville Area, 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, Volatile
organic compounds.
Dated: September 27, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
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Accordingly, 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 62472]]
Subpart RR--Tennessee
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2. Section 52.2235 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2235 Control strategy: Ozone.
* * * * *
(c) Determination of Attaining Data. EPA has determined, as of
October 12, 2010 the Knoxville, Tennessee nonattainment area has
attaining data for the 1997 8-hour ozone NAAQS. This determination, in
accordance with 40 CFR 51.918, suspends the requirements for this area
to submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and other planning SIPs related to attainment of the
standards for as long as this area continues to meet the 1997 8-hour
ozone NAAQS.
[FR Doc. 2010-25461 Filed 10-8-10; 8:45 am]
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