ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart52 [EPA-R04-0AR-2007-0228-201038; FRL- ] Approval and Promulgation ofImplementation Plans and Designations ofAreas for Air Quality Planning Purposes; Tennessee: Knoxville; Determination ofAttaining Data for the 1997 8-Hour Ozone Standards

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: On February 19, 2010, the State ofTennessee, through the Tennessee Department ofEnvironment and Conservation (TDEC), submitted arequest 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 ofAnderson, Blount, Jefferson, Knox, Loudon, and Sevier Counties in their entireties, and the portion ofCocke County that falls within the boundary ofthe Great Smoky Mountains National Park (hereafterreferred 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 Areahas monitored attainment ofthe 1997 8-hourozone NAAQS. This final action is consistent with the CAA, and EPA policy and guidance.EFFECTIVE DATE: This final rule is effective on [insert date ofpublication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under Docket ill NumberEPAR04-0AR-2007-0228. All documents in the docket are listed in the www.regulations.gov website. Although listed in the electronic docket, some infonnation is not publicly available, i.e., confidential business infonnation (CBI) or other infonnation 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 fonn. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during nonnal 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? 2

### II. What is the Effect ofthis Action? III. What is EPA's Final Action? IV. What is the Effective Date? V. What are the Statutory and Executive OrderReviews?

I. What Action is EPA Taking? EPA is determining that the Knoxville Area (comprised ofAnderson, Blount, Jefferson, Knox, Loudon, and SevierCounties in their entireties, and the portion ofCocke Countythat falls within the boundary ofthe 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 ofthe 1997 8-hour ozone NAAQS based on the 2007-2009 data. Other specific requirements ofthe determination and the rationale for EPA's final action
are explained in the notice ofproposedrulemaking (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. Whatis the Effect ofthis 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), contingencymeasures, and otherplanning SIPs related to attainment ofthe 1997 8-hour ozone NAAQS as long as this Area continues to


### 3meet the 1997 8-hourozone NAAQS. Finalizing this action does not constitute a redesignation ofthe Knoxville Area to attainmentfor the 1997 8-hourozone NAAQS under section 107(d)(3) ofthe Clean Air Act (CAA). Further, finalizing this action does not involve approving maintenance plans for the Area as required under section 175A ofthe CAA, nordoes it involve a determination that the Areahas met all requirements for a redesignation.



### III. What is EPA's Final Action? EPA is determining that the Knoxville Areahas attaining data for the 1997 8-hourozone NAAQS. This determination is based upon quality assured, quality controlled, and certified ambient air monitoring data showing that the Knoxville Areahas monitored attainment ofthe 1997 8-hourozone 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 otherplanning SIPs related to attainment ofthe 1997 8-hour ozone NAAQS as long as the Area continues to meet the 1997 8- hourozone NAAQS.



### IV. Whatis the EffectiveDate? An expedited effective date for this action is authorized underboth 5 U.S.C. 553(d)(1), which provides that rule actions may become effective less than 30 days afterpublication ifthe rule "grants orrecognizes an exemption orrelieves arestriction" and section 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days afterpublication "as otherwise provided by the agency for good cause found and published with the rule." EPA finds that there is good cause for


### 4this approval to become effective upon publication. Approval ofaclean data determination relieves the obligation for the State ofTennessee to submitfor the Knoxville Area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other SIP-related planning requirements to attainment ofthe 1997 8-hourozone NAAQS provided the Area does not monitor any violations ofthe ozone standard. The relieffrom these obligations is sufficientreason to allow an expedited effective date ofthe rule under 5 U.S.C. 553(d)(1). In addition, Tennessee's relieffrom these obligations provides good cause to make this rule effective immediately upon publication, pursuant to 5 U.S.C. 553(d)(3). The purpose ofthe 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give affected parties areasonable time to adjust theirbehavior and prepare before the final rule takes effect. Where, as here, the final rule relieves obligations ratherthan imposes obligations, affected parties, such as the State ofTennessee and the Knox County DepartmentofAir Quality Management, do not need time to adjust and prepare before the rule takes effect.



# v. What are Statutory and Executive OrderReviews? Underthe CAA, the Administrator is required to approve a SIP submission or State request that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 741O(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 ofthe CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposedby state law. Forthatreason, this action:

5• is not a "significantregulatory action" subject to review bythe Office ofManagement and BudgetunderExecutive Order 12866 (58 FR 51735, October4, 1993);

• does not impose an infonnation collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.c. 3501 etseq.);

• is certified as nothaving a significant economic impact on a substantial number ofsmall entities under the Regulatory FlexibilityAct (5 U.S.c. 601 etseq.);

• does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Refonn Act of 1995 (Public Law 104-4);

• does nothave Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significantregulatory action based on health or safetyrisks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• is not a significantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22, 2001);

• is not subjectto requirements ofSection 12(d) ofthe National TechnologyTransfer and AdvancementActof 1995 (15 U.S.c. 272 note) because application ofthose requirements would be inconsistent with the CAA; and

• does notprovide EPA with the discretionary authority to address, as appropriate, disproportionate human health orenvironmental effects, using practicable and legally pennissible methods, underExecutive Order 12898 (59 FR7629, February 16, 1994). In addition, this rule does nothave tribal implications as specifiedbyExecutive Order 13175 (65 

### 6FR 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 orpreempttribal law. The Congressional Review Act, 5 U.S.c. 801 

### etseq., as added by the Small Business Regulatory EnforcementFairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the ComptrollerGeneral ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule cannottake effectuntil 60 days after it is published in the Federal Register. This action is not a "majorrule" as defmed by 5 U.S.C. 804(2).Under section 307(b)(l) ofthe CAA, petitions forjudicial review ofthis action mustbe filed in the United States Court ofAppeals for the appropriate circuitby [Insert date 60 days from date ofpublication ofthis document in the Federal Registerl. Filing a petition for reconsideration by the Administrator ofthis fmal rule does not affect the fmality ofthis action for the purposes of judicial review nordoes itextend the time within which a petition forjudicial review maybe filed, and shall notpostpone the effectiveness ofsuch rule or action. This action, pertaining to the determination ofattaining data for the 1997 8-hourozone standard for the Knoxville Area, may notbe challenged later in proceedings to enforce its requirements. (See section 307(b)(2».

7List ofSubjects in 40 CFRPart 52 Environmental protection, Airpollution control, Ozone, Volatile organic compounds.

Date:

# ~/2~ 2010 September 27, 2010 Region 4.

840 CFR part 52 is amended as follows: 

### PART 52· [AMENDED] 1. The authority citation forpart 52 continues to read as follows: Authority: 42 U.S.c. 7401 et seq. 

### Subpart RR - Tennessee 2. Section 52.2235 is amended to read as follows: § 

### 52.2235 Control strategy: Ozone.


## * * * * * (c) Detennination ofAttaining Data. EPA has detennined, as of[insert date ofpublication], the Knoxville, Tennessee nonattainment areahas attaining data for the 1997 8-hourozoneNAAQS
.. This detennination, 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 otherplanning SIPs related to attainment ofthe standards for as long as this area continues to meetthe 1997 8-hourozone NAAQS.



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