62354 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0663–201037; FRL– 

9212–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Approval of Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standards for the Nashville, TN 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a draft revision to the Tennessee State 

Implementation Plan (SIP), submitted to 

EPA on August 3, 2010, for parallel 

processing. The proposed revision 

modifies Tennessee’s SIP to address the 

required maintenance plan for the 1997 

8-hour ozone standards for the 

Nashville, Tennessee 1997 8-hour ozone 

maintenance area, hereafter referred to 

as ‘‘the Nashville Area.’’ The Nashville 

Area is comprised of Davidson, 

Rutherford, Sumner, Williamson, and 

Wilson Counties in their entireties. This 

maintenance plan was submitted to EPA 

by the State of Tennessee, through the 

Tennessee Department of Environment 

and Conservation (TDEC), to ensure the 

continued attainment of the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS) through the year 

2018 in the Nashville Area. EPA is 

approving the SIP revision pursuant to 

section 110 of the Clean Air Act (CAA). 

This maintenance plan meets all the 

statutory and regulatory requirements, 

and is consistent with EPA’s guidance. 

DATES: Comments must be received on 

or before November 8, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0663, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0663, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0663. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

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. The 

telephone number is (404) 562–9187. 

Mr. Dansby-Sparks can also be reached 

via electronic mail at dansbysparks.royce@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Analysis of Tennessee’s Submittal 

III. Proposed Action 

IV. Statutory and Executive order Reviews 

I. Background 

In accordance with the CAA, the 

Nashville Area was designated 

nonattainment for the 1-hour ozone 

NAAQS on November 6, 1991, 56 FR 

56694 (effective January 6, 1992, 60 FR 

7124). On November 14, 2004, the State 

of Tennessee, through the TDEC, 

submitted a request to redesignate the 

Nashville Area to attainment for the 

1-hour ozone NAAQS (see 61 FR 

55903). Subsequently on August 9, 

1995, and January 19, 1996, Tennessee 

submitted supplementary information 

which included revised contingency 

measures and emission projections. 

Included with the 1-hour ozone 

redesignation request, Tennessee 

submitted the required 

1-hour ozone monitoring data and 

maintenance plan ensuring the Area 

would remain in attainment for the 

1-hour ozone NAAQS for at least a 

period of 10 years (consistent with CAA 

175A(a)). The maintenance plan 

submitted by Tennessee followed EPA 

guidance for maintenance areas, subject 

to section 175A of the CAA. 

On October 30, 1996, EPA approved 

Tennessee’s request to redesignate the 

Nashville Area to attainment for the 

1-hour ozone NAAQS (61 FR 55903). 

The maintenance plan for the Area 

became effective on October 30, 1996. 

Tennessee later updated the 

maintenance plan in accordance with 

section 175(A)(b) on August 10, 2005, to 

extend the maintenance plan to cover 


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additional years such that the entire 

maintenance period was for at least 20 

years after the initial redesignation of 

the Area to attainment. EPA approved 

Tennessee’s maintenance plan update 

for the Nashville Area on November 1, 

2005 (see 70 FR 65838). 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS (69 FR 23858), and 

published the final Phase 1 Rule for 

implementation of the 1997 8-hour 

ozone NAAQS (69 FR 23951) (Phase 1 

Rule), ultimately revoking the 1-hour 

ozone NAAQS. The Nashville Area, 

however, was still required to fulfill 

requirements under the 1-hour ozone 

NAAQS due to its participation in an 

Early Action Compact (EAC). For areas 

participating in an EAC, the effective 

designation date for the 1997 8-hour 

ozone NAAQS was deferred until 

December 31, 2006, in a final action 

published by EPA on August 19, 2005 

(70 FR 50988) and later extended to 

April 15, 2008 (71 FR 69022) for most 

of the EAC Areas, including Nashville, 

so long as the Area continued to meet 

milestone requirements. Therefore, the 

requirement for an attainment area to 

submit a 10-year maintenance plan 

under 110(a)(1) of the CAA and the 

Phase 1 Rule was also postponed until 

the Area was effectively designated for 

the 1997 8-hour ozone NAAQS. The 

Nashville Area was later designated as 

attainment for the 1997 8-hour ozone 

NAAQS, effective April 15, 2008, with 

the 1-hour ozone requirements no 

longer effective on April 15, 2009 (73 FR 

17897). The attainment area was 

consequently required to submit a 10- 

year maintenance plan under section 

110(a)(1) of the CAA and the Phase 1 

Rule. 

On May 20, 2005, EPA issued 

guidance providing information on how 

a state might fulfill the maintenance 

plan obligation established by the CAA 

and the Phase 1 Rule (Memorandum 

from Lydia N. Wegman to Air Division 

Directors, Maintenance Plan Guidance 

Document for Certain 8-hour Ozone 

Areas Under Section 110(a)(1) of Clean 

Air Act, May 20, 2005, hereafter referred 

to as the ‘‘Wegman Memorandum’’). On 

December 22, 2006, the United States 

Court of Appeals for the District of 

Columbia Circuit issued an opinion that 

vacated EPA’s Phase 1 Rule for the 1997 

8-hour ozone NAAQS. South Coast Air 

Quality Management District (SQAMD) 

v. EPA, 472 F.3d 882 (D.C. Cir. 2006). 

The Court vacated those portions of the 

Phase 1 Rule that provided for 

regulation of the 1997 8-hour ozone 

nonattainment areas designated under 

Subpart 1 in lieu of Subpart 2 (of part 

D of the CAA), among other portions. 

The Court’s decision does not alter any 

requirements under the Phase 1 Rule for 

section 110(a)(l) maintenance plans. 

EPA is proposing to take action to 

approve Tennessee’s August 3, 2010, 

SIP revision, submitted for parallel 

processing, which satisfy CAA section 

110(a)(1) CAA requirements for a plan 

providing for maintenance of the 1997 

8-hour ozone NAAQS in the Nashville 

Area. 

II. EPA’s Analysis of Tennessee’s 

Submittal 

On August 3, 2010, the State of 

Tennessee, through the TDEC and the 

Metro Nashville/Davidson County 

Pollution Control Division Office, 

submitted a proposed SIP revision for 

parallel processing containing the 1997 

8-hour ozone maintenance plan for the 

Nashville Area as required by section 

110(a)(1) of the CAA and the provisions 

of EPA’s Phase 1 Rule (see 40 CFR 

51.905(a)(4)). The purpose of the plan is 

to ensure continued attainment and 

maintenance of the 1997 8-hour ozone 

NAAQS until 2018 for this attainment 

area. 

The August 3, 2010, SIP revision is 

not yet state-effective, therefore, 

Tennessee has requested that EPA 

‘‘parallel process’’ the SIP revision. 

Under this procedure, the Regional 

Office works closely with the state 

while developing new or revised 

regulations. Generally, the state submits 

a copy of the proposed regulation or 

other revisions to EPA before 

conducting its public hearing. EPA 

reviews this proposed state action, and 

prepares a notice of proposed 

rulemaking. EPA’s notice of proposed 

rulemaking is published in the Federal 

Register during approximately the same 

time frame that the state is holding its 

public hearing. The state and EPA then 

provide for public comment periods on 

both the state and federal actions. 

After Tennessee submits the formal 

state-effective SIP revision request 

(including a response to all public 

comments raised during the state’s 

public participation process, and the 

1997 8-hour ozone 110(a)(1) 

maintenance plan), EPA will prepare a 

final rulemaking notice for the SIP 

revision. If Tennessee’s rulemaking to 

address the 1997 8-hour ozone 110(a)(1) 

maintenance plan contains changes 

which occur after EPA’s notice of 

proposed rulemaking, such change must 

be described in EPA’s final rulemaking 

action. If Tennessee’s changes are 

significant, EPA must decide whether it 

is appropriate to repropose action on the 

state’s changes to their submittal to 

address the 1997 8-hour ozone 110(a)(1) 

maintenance plan. 

As required, the plan provides for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

Nashville Area for at least 10 years from 

the effective date of this Area’s 

designation as attainment for the 1997 

8-hour ozone NAAQS. The plan also 

includes components illustrating how 

the Area will continue attainment of the 

1997 8-hour ozone NAAQS, and 

provides contingency measures. The 

Section 110(a)(1) plan components are 

discussed below for the Nashville Area. 

(a) Attainment Inventory. In order to 

demonstrate maintenance in the 

aforementioned area, Tennessee 

developed comprehensive inventories of 

volatile organic compounds (VOC) and 

nitrogen oxide (NOX) emissions from 

area, point, on-road mobile, non-road 

mobile, and aircraft, locomotive, and 

commercial marine (ALM) sources using 

2007 as the base year. According to the 

May 20, 2005, guidance, a state may use 

one of the three years for which the 

1997 8-hour attainment designation was 

based (2001, 2002, and 2003) as their 

attainment inventory base year. 

However, due to the fact that the 

Nashville Area was an EAC area, the 

effective date of designation was 

deferred to April 15, 2008, and therefore 

consideration of a later base year of 

2005, 2006, or 2007 was required for the 

purpose of an emissions inventory. For 

the purpose of this maintenance plan, 

Tennessee chose 2007 as the attainment 

level emissions base year for the 

Nashville Area. The state’s submittal 

contains the detailed inventory data and 

summaries by source category for the 

Nashville Area. 

In accordance with Consolidated 

Emissions Reporting Rule requirements 

(CERR), Tennessee compiles a statewide 

emissions inventory for point sources 

on an annual basis. On-road mobile 

emissions of VOC and NOX were 

estimated using MOBILE6.2 motor 

vehicle emissions factor computer 

model. Non-road mobile emissions data 

were derived using the U.S. EPA’s 

NONROAD 2008 model. ALM emissions 

were primarily estimated based on 

EPA’s National Emissions Inventory. 

In projecting data for the maintenance 

year 2018 emissions inventories, 

Tennessee used several methods to 

project data from the base year 2007 to 

the interim years 2010, 2014, and 2018. 

These projected inventories were 

developed using EPA-approved 

technologies and methodologies 

including the Southeastern Emissions 

Modeling, Analysis, and Planning 

methodology. Projected point, area, and 

non-road mobile source inventories 

were developed using the 2007 base 

year inventories and economic growth 


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factors from EPA’s Economic Growth 

and Analysis System. 

The following tables provide VOC and 

NOX emissions data for the 2007 base 

attainment year inventories, as well as 

projected VOC and NOX emissions 

inventory data for 2010, 2014, and 2018. 

The Phase 1 Rule provides that the 10- 

year maintenance period begin as of the 

effective date of designation for the 1997 

8-hour NAAQS for the Area. The 

designations for the 13 EAC attainment 

areas (of which Nashville was one) were 

effective in April 2008 so the 

maintenance period must end no earlier 

than 2018. 

TABLE 1—2007 VOC AND NOX BASE YEAR EMISSIONS INVENTORY FOR THE NASHVILLE AREA

[Tons/day] 

County Point Area Onroad Nonroad ALM Total * 

—NOX emissions— 

Davidson .......................................................................... 11.52 0.62 45.70 9.57 3.35 70.76 

Rutherford ........................................................................ 0.33 2.79 17.29 5.45 1.26 27.11 

Sumner ............................................................................. 18.74 0.24 6.07 2.57 0.78 28.41 

Williamson ........................................................................ 0.06 0.86 12.60 3.58 1.36 18.47 

Wilson .............................................................................. 0.00 1.23 13.12 2.19 0.15 16.68 

Total * ........................................................................ 30.65 5.75 94.79 23.36 6.90 161.44 

County Point Area Onroad Nonroad ALM Total 

—VOC emissions— 

Davidson .......................................................................... 5.05 20.98 17.73 15.06 0.60 59.42 

Rutherford ........................................................................ 5.97 11.02 6.65 4.44 0.20 28.28 

Sumner ............................................................................. 0.97 6.78 3.53 2.68 0.08 14.05 

Williamson ........................................................................ 0.31 6.00 5.05 2.64 0.07 14.06 

Wilson .............................................................................. 0.00 4.88 3.32 4.80 0.05 13.04 

Total * ........................................................................ 12.31 49.66 36.27 29.62 1.00 128.85 

* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute mathematical totals.

TABLE 2—PROJECTED VOC AND NOX EMISSIONS INVENTORY FOR THE NASHVILLE AREA

[Tons/day] 

Source type 2007 2010 2014 2018 

—NOX emissions— 

Point ................................................................................................................................. 30.65 30.33 31.59 31.61 

Area ................................................................................................................................. 5.75 5.88 6.07 6.25 

Onroad ............................................................................................................................. 94.79 76.72 55.79 28.53 

Nonroad ........................................................................................................................... 23.36 21.08 16.38 12.37 

ALM .................................................................................................................................. 6.90 6.93 7.12 7.36 

Total * ........................................................................................................................ 161.44 140.93 116.95 86.11 

—VOC emissions— 

Point ................................................................................................................................. 12.31 12.49 13.18 14.50 

Area ................................................................................................................................. 49.66 51.48 54.14 57.77 

Onroad ............................................................................................................................. 36.27 30.43 22.13 14.84 

Nonroad ........................................................................................................................... 29.62 25.87 20.27 16.70 

ALM .................................................................................................................................. 1.00 1.07 1.17 1.27 

Total * ........................................................................................................................ 128.85 121.34 110.88 105.07 

* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute mathematical totals.

As shown in Table 2 above, the 

Nashville Area is projected to steadily 

decrease its total VOC and NOX

emissions from the base year of 2007 to 

the maintenance year of 2018. This VOC 

and NOX emission decrease 

demonstrates continued attainment/ 

maintenance of the 1997 8-hour ozone 

NAAQS for ten years from 2008 (i.e., the 

year the Area was effectively designated 

attainment for the 1997 8-hour ozone 

NAAQS) as required by the CAA and 

Phase 1 Rule. NOX and VOC emissions 

are expected to decrease approximately 

47 and 18 percent, respectively, from 

the attainment base year to 2018. These 

projected reductions of ozone 

precursors ensure continued 

maintenance of the 1997 8-hour ozone 

NAAQS. 

The attainment inventories submitted 

by Tennessee for this Area are 

consistent with the criteria as discussed 

in the Wegman Memorandum. EPA 

finds that the future emission levels for 

the projected years 2010, 2014, and 

2018, are expected to be less than the 

attainment level emissions in 2007. In 


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1The air quality design value at a monitoring site 

is defined as the concentration that when reduced 

to the level of the standard ensures that the site 

meets the standard. For a concentration-based 

standard, the air quality design value is simply the 

standard-related test statistic. Thus, for the primary 

and secondary 1997 8-hour ozone standards, the 3- 

year average annual forth-highest daily maximum 8- 

hour average ozone concentration is also the air 

quality design value for the site. 40 CFR part 50, 

appendix I, section 3. 

2Under EPA regulations found at 40 CFR part 50, 

the 1997 8-hour ozone NAAQS are attained when 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour ambient air quality ozone 

concentrations is less than 0.08 parts per million 

(i.e., 0.084 when rounding is considered). 

the event that future 1997 8-hour ozone 

monitoring values in the Area are found 

to violate the 1997 8-hour ozone 

NAAQS, the contingency plan section of 

the Area’s maintenance plan includes 

measures that will be promptly 

implemented to ensure that the Area 

returns to maintenance of the 1997 

ozone NAAQS. Please see section (d) 

Contingency Plan, below, for additional 

information related to the contingency 

measures in the maintenance plan. 

(b) Maintenance Demonstration. The 

primary purpose of a maintenance plan 

is to demonstrate how an area will 

continue to remain in attainment with 

the 1997 8-hour ozone standards for the 

10-year period following the effective 

date of designation as unclassifiable/ 

attainment. The required end projection 

year for the Nashville Area is 2018. As 

discussed in section (a) Attainment 

Inventory above, Tennessee identified 

the level of ozone-forming emissions 

that were consistent with attainment of 

the NAAQS for ozone in 2007. 

Tennessee projected VOC and NOX

emissions for 2010, 2014, and 2018. 

EPA finds that the future emissions 

levels in these years are expected to be 

below the emissions levels in 2007 in 

the Nashville Area. 

Tennessee’s SIP revision for the 

maintenance plan for the Nashville Area 

also relies on the closure of large parts 

of the operations of E.I. du Pont 

Nemours and Company located in 

Davidson County resulting in significant 

reductions of both VOC and NOX. The 

Nashville Attainment Area is also 

benefiting from the following reductions 

that are occurring in other states in the 

Southeast: (1) North Carolina Clean 

Smokestacks Act, (2) Atlanta/Northern 

Kentucky/Birmingham 1-hour SIPs, (3) 

NOX reasonably available control 

technology in 1997 8-hour ozone 

nonattainment area SIP, and (4) 

implementation of NOX SIP Call Phase 

1 in southeastern states. Moreover, 

despite the legal status of the Clean Air 

Interstate Rule (CAIR) as remanded, 

many facilities have already installed or 

are continuing with plans to install 

emission controls that may benefit the 

Nashville Area. 

(c) Consideration of CAIR. The NOX

SIP Call requires states to make 

significant, specific emissions 

reductions. It also provided a 

mechanism, the NOX Budget Trading 

Program, which states could use to 

achieve those reductions. When EPA 

promulgated CAIR, it discontinued 

(starting in 2009) the NOX Budget 

Trading Program, 40 CFR 51.121(r), but 

created another mechanism—the CAIR 

ozone season trading program—which 

states could use to meet their SIP Call 

obligations (70 FR 25289–90). EPA notes 

that a number of states, when 

submitting SIP revisions to require 

sources to participate in the CAIR ozone 

season trading program, removed the 

SIP provisions that required sources to 

participate in the NOX Budget Trading 

Program. In addition, because the 

provisions of CAIR, including the ozone 

season NOX trading program, remain in 

place during the remand (North 

Carolina v. EPA, 550 F.3d 1176 (DC Cir. 

2008)), EPA is not currently 

administering the NOX Budget Trading 

Program. Nonetheless, all states, 

regardless of the current status of their 

regulations that previously required 

participation in the NOX Budget Trading 

Program, will remain subject to all of 

the requirements in the NOX SIP Call, 

even if the existing CAIR ozone season 

trading program is withdrawn or 

altered. In addition, the anti-backsliding 

provisions of 40 CFR 51.905(f) 

specifically provide that the provisions 

of the NOX SIP Call, including the 

statewide NOX emission budgets, 

continue to apply after revocation of the 

1-hour standards. 

All NOX SIP Call states have SIPs that 

currently satisfy their obligations under 

the SIP Call, the SIP Call reduction 

requirements are being met, and EPA 

will continue to enforce the 

requirements of the NOX SIP Call even 

after any response to the CAIR remand. 

For these reasons, EPA believes that 

regardless of the status of the CAIR 

program, the NOX SIP call requirements 

can be relied upon in demonstrating 

maintenance. 

(d) Ambient Air Quality Monitoring. 

The table below shows design values 1

for the Nashville Area. The ambient 

ozone monitoring data were collected at 

sites that were selected with assistance 

from EPA and are considered 

representative of the areas of highest 

concentration. The State of Tennessee 

and Metro Nashville/Davidson County 

Pollution Control Division Office will 

continue to conduct ambient air quality 

monitoring programs for ozone in their 

respective areas. All monitoring 

programs will continue in accordance 

with applicable EPA monitoring 

requirements contained in 40 CFR part 

58. Any modification to the ambient air 

monitoring network will be 

accomplished through close 

consultation with EPA. The Nashville 

Area has not had a monitor design value 

that exceeded the 1997 8-hour NAAQS 

since the 2001–2003 design value timeperiod as seen in Table 3.2

TABLE 3—MAXIMUM 8-HOUR OZONE

DESIGN VALUES

[Parts per million] 

Years Design value 

1994–1996 .................... 0.099 

1995–1997 .................... 0.099 

1996–1998 .................... 0.101 

1997–1999 .................... 0.102 

1998–2000 .................... 0.100 

1999–2001 .................... 0.093 

2000–2002 .................... 0.088 

2001–2003 .................... 0.086 

2002–2004 .................... 0.083 

2003–2005 .................... 0.082 

2004–2006 .................... 0.083 

2005–2007 .................... 0.084 

2006–2008 .................... 0.084 

2007–2009 .................... 0.078 

The maximum design value for 2007 

through 2009 identified in Table 3 

demonstrate attainment of the 1997 8- 

hour ozone NAAQS at a level of 0.079 

parts per million (ppm). Further, these 

design values indicate that the Nashville 

maintenance Area is expected to 

continue attainment of the 1997 8-hour 

ozone NAAQS based on a gradual 

decrease in the design values. The 

attainment level for the 1997 8-hour 

ozone standards is 0.080 ppm, 

effectively 0.084 ppm with the rounding 

convention. In the event that a design 

value for the Nashville Area monitors 

exceed the 1997 8-hour ozone 

standards, one or more contingency 

measures included in Tennessee’s 

maintenance plan would be promptly 

implemented in accordance with the 

contingency plan, as discussed below. 

(e) Contingency Plan. In accordance 

with 40 CFR 51.905(a)(4)(ii) and the 

Wegman Memorandum, the Section 

110(a)(1) maintenance plan includes 

contingency provisions to promptly 

correct a violation of the 1997 8-hour 

ozone NAAQS that may occur. The state 

of Tennessee has established two 

triggers to activate contingency 

measures including: (1) Quality assured 

ambient air quality monitoring data 

showing a violation of the 1997 8-hour 

ozone NAAQS at any monitor, and 

(2) an increase in the actual ozone 

precursor emissions of at least ten 


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percent over the 2007 emissions 

inventory. In the maintenance plan, if 

contingency measures are triggered, the 

State of Tennessee and Metro Nashville/ 

Davidson County Pollution Control 

Division Office are committed to 

implement the measures as 

expeditiously as practicable, including 

adopting one or more contingency 

measures as expeditiously as practical 

and implementing the measures within 

twenty-four months of the triggering 

event. The contingency measures 

include: (1) Expansion of NOX and/or 

VOC control strategies in the Nashville 

Maintenance Area; (2) in conjunction 

with the State of Tennessee, 

implementation of mobile source 

transportation controls such as reduced 

speed limits for heavy duty diesel 

vehicles; (3) lowering major source 

thresholds; (4) expansion of the open 

burning ban in Davidson County to 

include homeowners in the area; (5) 

implementation of anti-idling 

legislation; and/or (6) any other control 

measure determined to be appropriate at 

the time a trigger is exceeded. 

These contingency measures and 

schedules for implementation satisfy 

EPA’s long-standing guidance on the 

requirements of section 110(a)(1) of 

continued attainment. Continued 

attainment of the 1997 8-hour ozone 

NAAQS in the Nashville Area will 

depend, in part, on the air quality 

measures discussed previously (see 

section II). In addition, the State of 

Tennessee and Metro Nashville/ 

Davidson County Pollution Control 

Division Office commit to verify the 

1997 8-hour ozone status in this 

maintenance plan through periodic 

ozone precursor emission inventory 

updates. Emission inventory updates 

will be completed by 18 months 

following the end of the inventory year 

to verify continued attainment of the 

1997 8-hour ozone NAAQS. 

III. Proposed Action 

Pursuant to section 110(a)(1) of the 

CAA, EPA is proposing to approve the 

maintenance plan addressing the 1997 

8-hour ozone standards in the Nashville 

Area, submitted by the State of 

Tennessee, through TDEC, on August 3, 

2010. The maintenance plan ensures 

continued attainment of the 1997 8-hour 

ozone NAAQS through the maintenance 

year 2018. EPA has evaluated 

Tennessee’s submittal and has 

preliminarily determined that it meets 

the applicable requirements of the CAA 

and EPA regulations, and is consistent 

with EPA policy. 

On March 12, 2008, EPA issued 

revised ozone NAAQS. On September 

16, 2009, EPA announced it would 

reconsider the 2008 NAAQS for ozone 

and proposed a new schedule for 

designations for the reconsidered 

NAAQS. The current action, however, is 

being taken to address requirements 

under the 1997 8-hour ozone standards. 

Requirements for the Nashville Area 

under the 2010 reconsidered ozone 

NAAQS will be addressed in the future. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this 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 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Volatile 

organic compounds. 

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

Dated: September 28, 2010. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2010–25448 Filed 10–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 122 

[FRL–9211–2] 

Stakeholder Input on Stormwater 

Rulemaking Related to the Chesapeake 

Bay; Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of meeting. 

SUMMARY: The purpose of this document 

is to announce EPA’s intent to hold 

several public ‘‘listening sessions’’ in 

October and November 2010 and to 

request input from the public on 

Chesapeake Bay-specific provisions of a 

new stormwater rulemaking. On 

December 28, 2009, EPA issued a 

Federal Register Notice announcing 

EPA’s initiation of a national 

rulemaking to establish a program to 

better protect waterbodies from the 

harmful effects of stormwater discharges 

from new development and 

redevelopment and make other 

regulatory improvements to strengthen 

its stormwater program. A range of 

public and private stakeholders 

provided input through both written 

comments and during a series of public 

listening sessions. 

EPA is now soliciting input 

specifically on potential provisions of 

this stormwater rulemaking with respect 

to the Chesapeake Bay watershed, with 

several public ‘‘listening sessions’’ to be 

held in October and November 2010, 

and an interactive Webcast scheduled 

for November 16, 2010. EPA seeks input 

on whether to consider, among other 

things, the following: Regulating 

additional stormwater discharges not 


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