33360 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0153; FRL–9682–3] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Tennessee: 

Knoxville; Determination of Attaining 

Data for the 1997 Annual Fine 

Particulate Matter Standards and 2006 

24-Hour Fine Particulate Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

determinations, one regarding the 

Knoxville, Tennessee, 1997 annual fine 

particulate (PM2.5) nonattainment area 

and one regarding the KnoxvilleSevierville-La Follette, Tennessee, 2006 

24-hour PM2.5 nonattainment area (both 

areas have the same geographic 

boundary and will hereafter be 

collectively referred to as the ‘‘Knoxville 

Area’’ or ‘‘Area’’). First, EPA is 

proposing to determine that the Area 

has attained the 1997 annual average 

PM2.5 National Ambient Air Quality 

Standards (NAAQS or ‘‘standard’’). 

Second, EPA is proposing to determine 

that the area has attained the 2006 24- 

hour PM2.5 NAAQS. These proposed 

determinations of attaining data are 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2009–2011 period, showing 

that the Area has monitored attainment 

of the 1997 annual PM2.5 NAAQS and 

2006 24-hour PM2.5 NAAQS. If EPA 

finalizes these proposed determinations 

of attaining data, the requirements for 

the Area to submit attainment 

demonstrations and associated 

reasonably available control measures 

(RACM), reasonable further progress 

(RFP) plans, contingency measures, and 

other planning state implementation 

plan (SIP) revisions related to 

attainment of the standards shall be 

suspended so long as the Area continues 

to attain the respective PM2.5 NAAQS. 

DATES: Comments must be received on 

or before July 6, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0153, 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) 562–9040. 

4. Mail: EPA–R04–OAR–2010–0153, 

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: 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 normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0153. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Sara 

Waterson or Joel Huey, 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. Ms. 

Waterson may be reached by phone at 

(404) 562–9061 or via electronic mail at 

waterson.sara@epa.gov. Mr. Huey may 

be reached by phone at (404) 562–9104. 

Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking? 

II. What is the background for these actions? 

III. Does the Knoxville Area meet the 1997 

annual PM2.5 NAAQS? 

A. Criteria 

B. Knoxville Area Air Quality 

C. Has the Knoxville Area met the 1997 

annual PM2.5 air quality standard? 

IV. Does the Knoxville Area meet the 2006 

24-hour PM2.5 NAAQS? 

A. Criteria 

B. Knoxville Area Air Quality 

C. Has the Knoxville Area met the 2006 24- 

hour PM2.5 air quality standard? 

V. What is the effect of these actions? 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing to determine that 

the Knoxville Area (comprised of 

Anderson, Blount, Knox, and Loudon 

Counties in their entireties and a 

portion of Roane County) have 

monitored attaining data for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

The proposal is based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2009–2011 

monitoring period. 

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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules 33361 

1On February 3, 2011, EPA made a technical 

correction to the name of the Knoxville, Tennessee, 

nonattainment area included in the November 13, 

2009 (74 FR 58688), Federal Register action 

designating nonattainment areas for the 2006 24- 

hour PM2.5 NAAQS. The name of the Knoxville, 

Tennessee, nonattainment area for this NAAQS was 

changed at 40 CFR 81.343 to be the KnoxvilleSevierville-La Follette, Tennessee, nonattainment 

area to correspond with the name of the Core Based 

Statistical Area and to provide an accurate area 

name in the CFR. See 76 FR 6056, February 3, 2011. 

The geographic boundaries of the KnoxvilleSevierville-La Follette nonattainment area for the 

24-hour PM2.5 NAAQS are the same as for the 

Knoxville nonattainment area for the annual PM2.5

NAAQS. 

II. What is the background for these 

actions? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 mg/m3. See 40 CFR 50.7. On 

January 5, 2005 (70 FR 944), EPA 

published its air quality designations 

and classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Knoxville Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.343. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 mg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 

24-hour NAAQS of 35 mg/m3 based on 

a 3-year average of the 98th percentile 

of 24-hour concentrations. The process 

for designating areas following 

promulgation of a new or revised 

NAAQS is contained in section 

107(d)(1) of the Clean Air Act (CAA). 

EPA and state air quality agencies 

initiated the monitoring process for the 

PM2.5 NAAQS in 1999 and began 

operating all air quality monitors by 

January 2001. On November 13, 2009, 

EPA published its air quality 

designations and classifications for the 

2006 24-hour PM2.5 NAAQS based upon 

air quality monitoring data from those 

monitors for calendar years 2006–2008 

(74 FR 58688). Those designations 

became effective on December 14, 2009. 

The Knoxville Area was designated 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS (see 40 CFR part 81).1

In response to legal challenges of the 

annual NAAQS promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this NAAQS to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

NAAQS are essentially identical, 

attainment of the 1997 annual NAAQS 

would also indicate attainment of the 

remanded 2006 annual NAAQS. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 NAAQS. This 

rule, at 40 CFR 51.1004(c), specifies 

some of the regulatory consequences of 

attaining the NAAQS, as discussed 

below. While 40 CFR 51.1004(c) was 

promulgated as part of a set of 

regulations addressing the PM2.5

NAAQS promulgated in 1997, EPA 

believes that the same approach is 

warranted with respect to the PM2.5

NAAQS promulgated in 2006. See 

‘‘Implementation Guidance for the 2006 

24–Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS),’’ March 2, 2012, available 

online at http://www.epa.gov/ttn/naaqs/ 

pm/pm25_guide.html. 

III. Does the Knoxville Area meet the 

1997 annual PM2.5 NAAQS? 

A. Criteria 

Today’s proposed rulemaking assesses 

whether the Knoxville Area has attained 

the 1997 annual PM2.5 NAAQS, based 

on the most recent three years of 

quality-assured data. Under EPA 

regulations at 40 CFR 50.7, the 1997 

annual primary and secondary PM2.5

standards are met when the annual 

arithmetic mean concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 15.0 mg/m3 at all relevant 

monitoring sites in the subject area. 

B. Knoxville Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Knoxville Area 

in accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System (AQS) database. The 

2009–2011 data are used for the 

determination of attaining data because 

that is the most recent period of 

certified data available to EPA. 

Table 1 and the related discussion 

below show that the Area is attaining 

the standard based on available data for 

2009–2011. Less than 75 percent of the 

data were collected at the Bearden 

Middle School site for the second 

quarter of 2009 and the fourth quarter 

for 2010. EPA performed a quarterly 

maximum data substitution test using 

40 CFR part 50 Appendix N and the 

April 1999 Guideline on Data Handling 

Conventions for the PM NAAQS 

(www.epa.gov/ttncaaa1/t1/memoranda/ 

pmfinal.pdf) for the Bearden Middle 

School monitor for the quarters with 

less than 75 percent complete data. Less 

than 75 percent of the data were 

collected at the Air Lab site for the first 

quarter of 2010. Coarse particular matter 

(PM10) data substitution, using the April 

1999 Guideline on Data Handling 

Conventions for the PM NAAQS 

(www.epa.gov/ttncaaa1/t1/memoranda/ 

pmfinal.pdf), was applied at the Air Lab 

site because a PM10 sampler is colocated at the site. PM10 data 

substitution was used instead of max 

value substitution because the 

substituted values were higher. The 

three-year annual design values both 

with and without data substitution are 

provided in Table 1 below. EPA’s 

review of these data indicates that the 

Knoxville Area has met the 1997 annual 

PM2.5 NAAQS. 

TABLE 1—2009–2011 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE

NONATTAINMENT AREA

Location Site No. 

Annual average 

concentration 

(μg/m3) 

without data 

substitution 

Annual average 

concentration 

(μg/m3) 

with data 

substitution 

Sevier Elementary School ............................................................................................... 47–009–0011 11.0 N/A 

Bearden Middle School ................................................................................................... 47–093–0028 11.6 12.4 

Air Lab ............................................................................................................................. 47–093–1013 12.3 12.9 

Rule High School ............................................................................................................. 47–093–1017 12.1 N/A 

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33362 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules 

TABLE 1—2009–2011 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE

NONATTAINMENT AREA—Continued 

Location Site No. 

Annual average 

concentration 

(μg/m3) 

without data 

substitution 

Annual average 

concentration 

(μg/m3) 

with data 

substitution 

Spring Hill Elementary School ......................................................................................... 47–093–1020 11.3 N/A 

Webb Drive ...................................................................................................................... 47–105–0108 11.7 N/A 

N/A—Not Applicable. 

The Bearden Middle School monitor 

has a preliminary 2009–2011 PM2.5

annual design value of 11.6 mg/m3. 

Since the monitor had incomplete 

quarters during the second quarter of 

2009 and fourth quarter of 2010, 

quarterly maximum data substitution 

was conducted. The annual mean was 

recalculated, and the resulting 2009– 

2011 PM2.5 annual design value with 

data substitution is 12.4 mg/m3. The Air 

Lab monitor has a preliminary 2009– 

2011 PM2.5 annual design value of 12.3 

mg/m3. The monitor had one incomplete 

quarter during the first quarter of 2010, 

and PM10 data substitution was 

conducted. The annual mean was 

recalculated, and the resulting 2009– 

2011 PM2.5 annual design value with 

data substitution is 12.9 mg/m3. Because 

the design values with data substitution 

are below the 15.0 mg/m3 standard, both 

monitors are considered to be attaining 

the 1997 annual NAAQS. The official 

design values of the monitors are 11.6 

mg/m3 and 12.3 mg/m3, respectively. On 

the basis of this review, EPA is 

proposing to determine that the 

Knoxville Area has attained the 1997 

annual PM2.5 NAAQS. 

C. Has the Knoxville Area met the 1997 

annual PM2.5 air quality standard? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded the data in the 

EPA AQS database, for the Knoxville 

Area. Based on EPA’s review of the data 

for 2009–2011, EPA proposes to 

determine that the Area attained the 

1997 annual PM2.5 NAAQS. 

IV. Does the Knoxville Area meet the 

2006 24-hour PM2.5 NAAQS? 

A. Criteria 

Today’s proposed rulemaking assesses 

whether the Knoxville Area has attained 

the 2006 24-hour PM2.5 NAAQS, based 

on the most recent three years of 

quality-assured data. Under EPA 

regulations at 40 CFR 50.13, the 2006 

24-hour primary and secondary PM2.5

standards are met when the 98th 

percentile 24-hour concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 35 mg/m3 at all relevant 

monitoring sites in the subject area. 

B. Knoxville Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Knoxville Area 

in accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s AQS 

database. The 2009–2011 data are used 

for the determination of attaining data 

because that is the most recent period of 

certified data available to EPA. 

Table 2 and the related discussion 

below show that the Area is attaining 

the standard based on available data for 

2009–2011. Less than 75 percent of the 

data were collected at the Bearden 

Middle School site for the second 

quarter of 2009 and the fourth quarter 

for 2010. EPA performed a quarterly 

maximum data substitution test using 

40 CFR part 50 Appendix N and the 

April 1999 Guideline on Data Handling 

Conventions for the PM NAAQS 

(www.epa.gov/ttncaaa1/t1/memoranda/ 

pmfinal.pdf) for the Bearden Middle 

School monitor for the quarters with 

less than 75 percent complete data. Less 

than 75 percent of the data were 

collected at the Air Lab site for the first 

quarter of 2010. Coarse particulate 

matter (PM10) data substitution, using 

the April 1999 Guideline on Data 

Handling Conventions for the PM 

NAAQS (www.epa.gov/ttncaaa1/t1/ 

memoranda/pmfinal.pdf), was applied 

at the Air Lab site because a PM10

sampler is co-located at the site. PM10

data substitution was used instead of 

max value substitution because the 

substituted values were higher. The 

three-year annual design values both 

with and without data substitution are 

provided in Table 2 below. EPA’s 

review of these data indicates that the 

Knoxville Area has met the 2006 24- 

hour PM2.5 NAAQS. 

TABLE 2—2009–2011 24-HOUR AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE KNOXVILLE, TENNESSEE

NONATTAINMENT AREA

Location Site No. 

Annual average 

concentration 

(μg/m3) 

without data 

substitution 

Annual average 

concentration 

(μg/m3) 

with data 

substitution 

Sevier Elementary School ............................................................................................... 47–009–0011 21 N/A 

Bearden Middle School ................................................................................................... 47–093–0028 24 27 

Air Lab ............................................................................................................................. 47–093–1013 24 29 

Rule High School ............................................................................................................. 47–093–1017 24 N/A 

Spring Hill Elementary School ......................................................................................... 47–093–1020 23 N/A 

Webb Drive ...................................................................................................................... 47–105–0108 24 N/A 

N/A—Not Applicable. 

The Bearden Middle School monitor 

has a preliminary 2009–2011 PM2.5 24- 

hour design value of 24 mg/m3. Since the 

monitor had incomplete quarters during 

the second quarter of 2009 and fourth 

quarter of 2010, quarterly maximum 

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data substitution was conducted. The 

24-hour mean was recalculated, and the 

resulting 2009–2011 PM2.5 24-hour 

design value with data substitution is 27 

mg/m3. The Air Lab monitor has a 

preliminary 2009–2011 PM2.5 24-hour 

design value of 24 mg/m3. The monitor 

had one incomplete quarter during the 

first quarter of 2010, and PM10 data 

substitution was conducted. The 24- 

hour mean was recalculated, and the 

resulting 2009–2011 PM2.5 24-hour 

design value with data substitution is 29 

mg/m3. Because the design values with 

data substitution are below the 35 mg/m3

standard, both monitors are considered 

to be attaining the 2006 24-hour 

NAAQS. The official design values of 

the monitors are 24 mg/m3 and 24 mg/m3, 

respectively. On the basis of this review, 

EPA is proposing to determine that the 

Knoxville Area has attained the 2006 

24-hour PM2.5 NAAQS. 

C. Has the Knoxville Area met the 2006 

24-hour PM2.5 air quality standard? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded the data in the 

EPA AQS database, for the Knoxville 

Area. Based on EPA’s review of the data 

for 2009–2011, EPA proposes to 

determine that the Area attained the 

2006 24-hour PM2.5 NAAQS. 

V. What is the effect of these actions? 

If these proposed determinations of 

attaining data are made final, the 

requirements for the Knoxville Area to 

submit attainment demonstrations and 

associated RACM, RFP plans, 

contingency measures, and any other 

planning SIPs related to attainment of 

either the 1997 annual or the 2006 24- 

hour PM2.5 NAAQS would be 

suspended for so long as the Area 

continues to attain the applicable PM2.5

NAAQS. See 40 CFR 51.1004(c). 

Notably, as described below, any such 

determination would not be equivalent 

to the redesignation of the Area to 

attainment for the 1997 annual or 2006 

24-hour PM2.5 NAAQS. 

If these proposed rulemakings are 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the Area has violated either the 1997 

annual or 2006 24-hour PM2.5 NAAQS, 

the basis for the suspension of the 

specific requirements would no longer 

exist for the Knoxville Area for the 

NAAQS (i.e, the 1997 annual or the 

2006 24-hour NAAQS) which was 

violated, and the Area would thereafter 

have to address the applicable 

requirements for that particular 

NAAQS. See 40 CFR 51.1004(c). 

Finalizing these proposed actions 

would not constitute a redesignation of 

the Area to attainment of the 1997 

annual or 2006 24-hour PM2.5 NAAQS 

under section 107(d)(3) of the CAA. 

Further, finalizing these proposed 

actions does not involve approving a 

maintenance plan for the Area as 

required under section 175A of the 

CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed actions, the designation status 

of the Knoxville Area would remain 

nonattainment for the 1997 annual and 

2006 24-hour PM2.5 NAAQS until such 

time as EPA determines that the Area 

meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the Area. 

If the Knoxville Area continues to 

monitor attainment of the 1997 annual 

PM2.5 NAAQS, the requirements for the 

Knoxville Area to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS will remain suspended. 

Further, if the Knoxville Area continues 

to monitor attainment of the 2006 24- 

hour PM2.5 NAAQS, the requirements 

for the Knoxville Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 24-hour PM2.5 NAAQS will 

remain suspended. 

VI. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attaining data based 

on air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed 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); 

• 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 

• Do 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, these proposed 1997 annual 

and 2006 24-hour PM2.5 NAAQS 

determinations for the Knoxville Area 

do 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. 

For purposes of judicial review, the two 

determinations proposed by today’s 

action are severable from one another. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 17, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–13715 Filed 6–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0227; FRL–9681–7] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Approval of Revisions to the Jefferson 

County Portion of the Kentucky SIP; 

New Source Review; Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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