### ENVIRONMENTAL PROTECTION AGENCY 40 

### CFR Part 52 [EPA-RO4-OAR-2007-0228-201015; 

### F'RL- ] 

### Approval and Promulgationof Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Tennessee: Knoxville; Determinationof Attainment for the 1997 8-Hour Ozone Standards



### AGENCY: Environmental ProtectionAgency (EPA). 

### ACTION: Proposed rule. 

### SUMMARY: On February 19,2010,the Stateof Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request to EPA to make a determination that the Knoxville, Tennessee nonattainrnent area has attained the 1997 8-hourozone national ambient air quality standards (NAAQS) based on quality assured, quality controlled monitoring data from 2007-2009. The Knoxville, Tennessee 1997 8-hour ozone nonattainment area (hereafter referred to as the "Knoxville Area") is comprisedofAnderson, Blount, Jefferson, Knox, Loudon and Sevier Counties in their entireties and a portion of Cocke County (Great Smoky MountainNational Park) in Tennessee. 

### In this action, EPA is proposing to determine that the Knoxville Area has attained the 1997 8-hour ozoneNAAQS. This proposed determination is based upon complete, quality assured, quality controlled, 

### and certifiedambient air 

### monitoring data for the years 2007-2009 showing that the Knoxville Area has monitored attainment of the 1997 &hour ozone NAAQS. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. If 

### this proposed determination is made final, the requirement for the Stateof Tennessee to submit 

### an attainment demonstration and associated

### reasonably available control measures (RACM), a reasonablefuaherprogress 

### (RFP) plan, contingency measures, and otherplanning State Implementation Plans (SIPS)related to attainmentof the 1997 8-hour ozone NAAQS for the Knoxville, Tennessee 8-hour ozone nonattainment area, shall be suspendedfor 

### as long as the KnoxvilleArea continues to meet 

### the 1997 8-hour ozoneNAAQS.



### DATES: Written comments must be received on or before [FEDERALREGISTER OFFICE: Insert date 30 days after date of ~ublication in the Federal Register].



### ADDRESSES: Submityour comments, identifiedby Docket ID No. EPA-R04-OAR-2007- 0228 by one of the followingmethods: 1. 

### www.regu1ations.gov: Follow the on-line instructions for submittingcomments. 2. E-mail: beniamin.lvnorae @eva. gov. 3. 

### Fax: (404) 562-9019. 4. Mail: "EPA-R04-OAR-2007-0228," 

### Regulatory Development Section, Air Planning Branch,Air, 

### Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region4,61Forsyth 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 4,61Forsyth Street, SW,Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's officialhours of business are Monday through ~rida~, 8:30 to 4:30, excluding federalholidays.

### Instructions: Direct your commentsto Docket 

### ID No. EPA-R04-OAR-2007-0228. EPA's policy is that all comments received will be included 

### in the public docket without change and may be made availableonline at www.regulations.gov, including any personal informationprovided, unless the comment includes information claimed to be Confidential Business Information (CBI)
or other information whose disclosureis restricted by statute. Do not submit through www.regulations.gov orby e-mail information that you considerto be CBI or otherwise protected. The www.regulations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in thebody of your comment. 

### If you send an e-mailcomment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the commentthat is placed in the public docket and made available on the Internet. 

### If you submit 

### an electronic comment, EPA recommends that you includeyour 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 contactyou for clarification, EPA may not be able to consideryour 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 

### http://www.epa.gov/epahome/dockets.htm.



### Docket: All documents in the electronicdocket 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 disclosureis 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. 3

### Publicly available docket materials are available either electronically in www.regulations.gov or inhard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in 

### the 

### FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excludingfederal holidays.



### FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory Development Section, Air 

### Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental ProtectionAgency, Region4,61Forsyth Street, SW, Atlanta, Georgia 30303- 8960. Ms. Bradley may be reached by phone at (404) 562-9352 or via electronicmail at bradlev.twuniala@ epa.nov.



### SUPPLEMENTARY INFORMATION: I. What Action is EPA Taking? 11. 

### What is the Effect of This Action? 111. What is the Background for 

### This Action? IV. What is EPA's Analysis ofthe Relevant Air Quality Data? V. 

### Proposed Action VI. 

### Statutory and Executive Order Reviews

### I. What Action 

### is EPA Taking EPA is proposing to determinethat the Knoxville Area has attained the 1997 8-hour
ozone NAAQS. The Knoxville Area is comprised of Anderson, Blount, Jefferson,Knox, Loudon and Sevier Counties in their entiretiesand a portion of Cocke County (Great Smoky MountainsNational Park) in Tennessee. EPA's determination is based upon complete, quality assured, qualitycontrolled, 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. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. On March 12,2008,EPA promulgated a revised 8-hour ozone NAAQS (also known
as the 2008 &hour ozone NAAQS). Subsequently, on January 19,2010,EPA published a proposed rule to reconsider the 2008 8-hour ozone NAAQS, and to promulgate a revised (2010) 8-hour ozone NAAQS. Today's rulemaking does not address requirements for, or future revisions to, the 2008 or proposed 2010 8-hour ozone NAAQS.

11. 

### What is the Effect 

### ofThis Action? If this determination is made final, under the provisions of EPA's ozone implementation rule (see 40 

### CFR Section 51.918), the requirements for the State of Tennessee to submit an attainment demonstration and associated RACM, 

### RFP plan, contingency measures', and any otherplanning SIPS related to attainment of the 1997 8-hour ozone NAAQS forthe Knoxville Area, shall be suspended for as long as the Area continues to meet the 1997 8-hourozone NAAQS. 

## ' Contingency measures associated with a maintenance plan (such as ifthe State opts to redesignate this Area to attainment for the 1997 &hour ozone NAAQS) would stillbe required. 5On January 16,2009(74 FR 2936), EPA published a proposed rulemaking to address, among other issues, the United States Court of Appeals for the District of Columbia Circuit's (D.C. Circuit)vacatur of the classificationsystem that EPA used to designatea subsetof initial 1997 8-hour ozone nonattainrnent areas under title 

### I, part D, subpart 1 of the Clean Air Act (CAA). 

### In that rulemaking, EPA proposed that all areas designated nonattainment for the 1997 8-hour ozone NAAQS under subpart 1 would be classified as subpart

### 2 areas (hereafter referred to as the "SubpartlISubpart 

### 2 1997 8-Hour Ozone Rulemaking"). The Knoxville Area is among those areas that would be classified if EPA's proposal is finalized. EPA has not yet completed its final rulemaking action for the SubpartlISubpart 2 1997 8-Hour Ozone Rulemaking. When the SubpartlISubpart 

### 2 1997 8-Hour OzoneRulemaking is finalized, and if the KnoxvilleArea continues in attainment for the 1997 &hour ozone NAAQS, EPA will address in a future rulemaking the consequences of a determinationof attainment for any requirementsto which the Knoxville Area becomes subjectas a result of its reclassification. 

### If after the Knoxville Area is classifiedunder Subpart 

### 2, EPA determines in a futurerulemaking that the Knoxville Area continues to be in attainment, then the obligation to submit the pertinent attainment-related requirements for its new classificationwould be suspended in accordance with 

### 40 CFR 50.918. As further discussed below, theproposed determination (the subject of this rulemaking) for the KnoxvilleArea would: (I)suspend the requirement to submit an attainment demonstrationand associated RACM (including reasonably available control technologies), RFP plan, contingencymeasures, and any other planning SIPS related to attainment of the 1997

### 8- hour ozone NAAQS; (2) continue until such time, if any, that EPA subsequently determines that the Knoxville Area has violated the 1997 8-hour ozoneNAAQS; (3)be separate from, and not influence or otherwiseaffect, any future designation determination or requirements for the 6KnoxvilleArea based on the revised or reconsidered 2008 8-hour ozone NAAQS or the proposed 2010 ozone NAAQS; and (4)remain in effectregardless of whether EPA designates the Knoxville Area as a nonattainment area for purposes of the revised or reconsidered 2008 8- hour ozone NAAQS or proposed 2010 8-hourozone 

### NAAQS.~ Furthermore,

### as described below, a final clean data determination is not equivalent to the redesignationof the Knoxville Area to attainment for the 1997 8-hour ozoneNAAQS. If this rulemaking is finalized and EPA subsequently determines, after notice-andcomment rulemaking in the Federal Register, that the Knoxville Area has violated the 1997 8- hour ozone NAAQS, the basis for the suspensionof the specificrequirements, set forth at 40 

### CFR 51.918, would no longer exist, and the Knoxville Area would thereafter have to address pertinent requirements. The determination that EPA proposes with this Federal Register notice is not equivalent to a redesignation of the Knoxville Area to attainment. Finalizing this proposed action would not constitutea redesignation of the Area to attainment of the 1997 8-hour ozoneNAAQS under section 107(d)(3) of the CAA. Further, finalizing this proposed action does not involve approving maintenance plans for this Area as required under section 175Aof the CAA, or would a determination that the Area has met all otherrequirements for redesignation. The designation status of the KnoxvilleArea would remain nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment. The State of Tennessee is currentlyworking on a redesignation request and maintenance plan to change the Knoxville Area's status from nonattainment to attainment for the

As noted above, at this time the proposed determinationof attainment,if finalized, would suspend only those requirements related to attainmentthat are currently applicable to the Knoxville Area. 71997 8-hour ozone NAAQS. EPA will consider Tennessee's redesignationrequest and maintenance plan forthe Knoxville Area in a rulemaking separate from today's proposed action. This proposed action, if finalized, is limited to a determination that the Knoxville Area has attained the 1997 8-hour ozone NAAQS. As noted above, the 1997 8-hour ozone NAAQS became effective on July 18, 1997 (62FR 38894), and are set forth at 40 CFR 50.10. On March 12,2008,EPA promulgated revised 8-hourozone NAAQS. Subsequently, on January 19,2010, EPA published a proposed rule to reconsiderthe 2008 8-hour ozone NAAQS (75FR 2938) and to propose a revised 2010 NAAQS. 

### In view of these actions, EPA extended the deadlineto make designation determinationsfor the 2008 8-hour ozone NAAQS. EPA has not yet made any designation determinationforthe KnoxvilleArea based on the revised 2008 8-hourozone or proposed 20 10 ozoneNAAQS

## . Today's proposed determination for the Knoxville Area, and any 

### final determination,will have no effect on, and is not related to, any future designation determinationthat EPA may make based on the revised or reconsidered2008 or proposed 2010 8-hour ozone NAAQS for the KnoxvilleArea. Conversely, any future designation determination for the KnoxvilleArea, based on the revised or reconsidered 2008 or 2010 proposed 8-hour
ozone NAAQS, will not have any effect on the determinationproposed by this notice. If this proposed determinationis made final and the Knoxville Area continues to demonstrate attainmentwith the 1997 8-hour ozone NAAQS, the obligation for the State of Tennesseeto submit for the KnoxvilleArea an attainmentdemonstration and associatedRACM, 

### RFP plan, contingency measures, and any otherplanning SIPSrelated to attainmentof the 1997 8-hour ozone NAAQS will remain suspended regardless of whether EPA designates the Knoxville Area as a nonattainment area for purposes of the revised or reconsidered 2008 or proposed 2010 8-hour ozone NAAQS. Once the Knoxville Area is designated for the revised or 8reconsidered 2008 orproposed 2010 NAAQS, it will have to meet all applicable requirements for that designation.

111. 

### What is 

### the Background for This 

### Action? On July 18,1997(62 

### FR 38894), EPA promulgated a revised 8-hour ozone standardof 0.08 parts per million (pprn)for both the primary and secondary standards. These standards are
more stringentthan the previous 1-hour ozone standards. Under EPA regulations at 40 

### CFR part 50, the 8-hour ozone NAAQS is attained when the 3-year averageof the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.08 pprn (i.e., 0.084 pprn when rounding is considered). Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the averagepercent of days with valid ambient monitoring data is greaterthan 90 percent, and no single year has less than 75 percent data completeness 

### as determined in Appendix 

### I of part 50. Specifically, section2.3 of 40 

### CFR part 50, Appendix 

### I, "Comparisons with the Primary and Secondary Ozone Standards" states: "The primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the 3-year average of the annualfourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm. The number of significant figures in the level of the standard dictates the rounding convention for comparing the computed 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration with the level of the standard. The third decimal place of the computed value is rounded, with values equal to or greater than 5 rounding up. Thus, a computed 3-year average ozone concentration of 0.085 pprn is the smallestvalue that is greater than 0.08 pprn." 9On April 30,2004 (69 

### FR 23857), EPA published its air quality designationsand classifications for the 1997 8-hour ozoneNAAQS based upon air qualitymonitoring data from those monitors for calendar years 2001-2003 (84 

### FR 23858). These designationsbecame effective on June 15,2004. The KnoxvilleArea is comprised of a portion of Cocke County (Great Smoky Mountains National Park), and the entire counties of Anderson,Blount, Jefferson, Knox,Loudon and Sevier; and was designatednonattainment for the 1997 8-hour ozone NAAQS (see 40 CFR part 81). On February 19,2010,the State of Tennessee,through TDEC, submitted a request to EPA to make a determination that the KnoxvilleArea has attained the 1997 8-hour ozone NAAQS based on complete, quality assured, quality controlled monitoring data from 2007 through 2009.



### IV. What is EPA's Analysis of the Relevant Air Quality Data? EPA has reviewed the three most recent years of complete, certified, quality assured and quality controlled ambient air monitoring data for the 1997 8-hour ozone NAAQS, consistent with the requirements contained in 40 CFR part 50, as recorded in the EPA Air Quality System (AQS) database for the KnoxvilleArea. Based on that review, EPA has concluded that the KnoxvilleArea attained the 1997 8-hour ozoneNAAQS during the 2007-2009 monitoring period. Under EPA regulations at 40 CFR 50.10, the 1997 8-hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the threeyear average of the annual fourth-highestdaily maximum &hour average concentration is less
. than or equal to 0.08 ppm, as determined in accordance with appendix I of 40 CFR part 50.Table 1 shows the design values (the metrics calculated in accordancewith 40 CFR part 50, appendix I, for determining compliancewith the NAAQS) for the 1997 8-hour ozone NAAQS for the Knoxville Area monitors for the years 2007-2009. 

# I Table 

### 1. Design Values for Countiesin the Knoxville, Tennessee for the 1997 &hour Ozone

### NAAQS Location ~AQS site ID 

# 1 2007 

# 1 2008 Anderson County Blount County

box County 

# 1 9315 RutledgePike 

# 1 0.087 

# 1 0.079 Freels Bend StudyArea

Jefferson County (470010101-1) Look Rock, GSMNP (470090101-1) Cades Cove, GSMNP

Loudon County 

# 1 130WebbDrive 

### ( 0.088 

# 1 0.077 

### (PP~) 0.080

(4700% 102-1) 1188Lost Creek Road (47O93OO2l- 1)) 4625 Mildred Drive 

### (PP~) 0.073 0.088 0.074 

### Yonattainment Area

0.082 0.07 1 0.085

0.092
Sevier County 

### (ppm) Design Value (ppm) 0.065 0.072

0.075

0.086

EPA's review of these data indicatesthat the KnoxvilleArea has met and continues to (47 1050109-1) Cove Mountain, GSMNP

meet the 1997 8-hourozoneNAAQS. Preliminary air quality monitoring data available for 2010 also continueto demonstrate attainment. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.



### V. Proposed Action EPA is proposing to determine that the Knoxville, Tennessee, 1997 8-hour nonattainment 11 0.088 0.079area has attained the 1997 8-hour ozoneNAAQS based on 2007-2009 complete, quality-assured, quality-controlled and certified monitoring data. As provided in 40 CFR 51.918, if EPA finalizes this determination, it would suspend the requirements for the State of Tennessee to submit, for the Knoxville Area, an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPSrelated to attainment of the 1997 8-hour
ozoneNAAQS as long as the Area continues to attain the 1997 8-hour ozone NAAQS.



### VI. 

### 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 request, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed 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 proposed action: is not a "significant regulatory action" subject toreview 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 significantlyoruniquely affect small governments, as described 

### in the Unfunded Mandates Reform Act of 1995 (PublicLaw 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 actionbased on health or safetyrisks subject to Executive Order 13045 (62

### FX 19885, April 23, 1997); is not a significant regulatory action subject to ExecutiveOrder 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 authorityto address, as appropriate, disproportionatehuman health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 

### FX 7629,February 16, 1994).

In addition, this action does not have tribal implications as specified b; Executive Order 1317 5 (65 

### FR 67249, November 9,2000), because the impacted area is not 

### in Indian country located in the state, and EPA notes that it will not impose substantialdirect costs on tribal governmentsor preempt tribal law.

### List of Subjects Environmental protection, Air pollutioncontrol, Ozone, Volatile organic compounds.

Dated: 

### JUL 

### 2 

### 3 ~.~-Ilil Acting Regional Administrator, Region4.