Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 33097 

without limitation.’’ Alabama v. Texas, 

347 U.S. 272, 273 (1954) (per curiam) 

(internal quotation marks and citation 

omitted). Congress has expressly 

delegated its disposal powers to the 

Postal Service. See 39 U.S.C. 401(5). 

Thus, even if the public trust doctrine 

somehow applied to the federal 

government as a general matter, the 

doctrine still would not encumber the 

Postal Service as a statutory matter. See 

39 U.S.C. 410(a). 

Even if the public trust doctrine had 

any relevance for disposals of 

government property, the public trust 

doctrine is a distinct area of state law 

that does not apply to a federal NEPA 

rulemaking. PPL Mont., LLC v. Montana, 

132 S. Ct. 1215, 1235 (2012) 

(emphasizing that the public trust 

doctrine ‘‘remains a matter of state 

law’’). As such, the Constitution’s 

Supremacy Clause bars it from applying 

to the Postal Service. 

Effect on Public Participation 

One group of commenters asserts that 

the interim final rule would reduce 

public participation in the facility 

disposal process at a time when there is 

great national interest in historic Post 

Offices. Adoption of this final rule will 

have no adverse effect on the existing 

robust avenues for public participation 

in Postal Service processes for disposals 

of historic properties. The Postal 

Service, itself a historic institution, 

highly values its historic properties and 

takes seriously its voluntary compliance 

with sections 106, 110, and 111 of the 

National Historic Preservation Act and 

the historic preservation regulations. 

In particular, with respect to the 

occasional sale of an historic post office, 

the Postal Service strictly adheres to the 

section 106 regulations (36 CFR part 

800), which provide a comprehensive, 

consistent, transparent, consultative 

process. That process requires 

identifying historic properties, assessing 

the effects of Postal Service 

undertakings and, in consultation with 

local officials and with community 

input, seeking ways to avoid, minimize 

or mitigate any adverse effects on 

historic properties. Additionally, for 

real property disposals, under its 

regulations implementing applicable 

provisions of the Intergovernmental 

Cooperation Act (39 CFR part 778), the 

Postal Service provides opportunities 

for consultation by elected officials of 

those state and local governments that 

would be directly affected by the Postal 

Service’s real property disposals. 

List of Subjects in 39 CFR Part 775 

Environmental impact statements. 

For the reasons stated in the 

preamble, 39 CFR part 775 is amended 

as follows: 

PART 775—NATIONAL 

ENVIRONMENTAL POLICY ACT 

PROCEDURES 

■ 1. The authority citation for 39 CFR 

part 775 continues to read as follows: 

Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et 

seq.; 40 CFR 1500.4. 

■ 2. In § 775.6, paragraph (e)(8) is 

revised to read as follows: 

§ 775.6 Categorical exclusions. 

* * * * * 

(e) * * * 

(8) Disposal of properties where the 

size, area, topography, and zoning are 

similar to existing surrounding 

properties and/or where current and 

reasonable anticipated uses are or 

would be similar to current surrounding 

uses (e.g., commercial store in a 

commercial strip, warehouse in an 

urban complex, office building in 

downtown area, row house or vacant lot 

in an urban area). 

* * * * * 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2014–13418 Filed 6–9–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0738; FRL–9911–97– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; State of 

Tennessee; Knoxville; Fine Particulate 

Matter 2008 Base Year Emissions 

Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the 2006 24-hour fine 

particulate matter (PM2.5) 2008 base year 

emissions inventory portion of the State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee 

through the Tennessee Department of 

Environment and Conservation (TDEC) 

on October 18, 2013. The emissions 

inventory is part of Tennessee’s October 

18, 2013, attainment demonstration SIP 

revision that was submitted to meet 

Clean Air Act (CAA or Act) 

requirements related to the Knoxville 

nonattainment area for the 2006 24-hour 

PM2.5 national ambient air quality 

standards (NAAQS), hereinafter referred 

to as ‘‘the Knoxville Area’’ or ‘‘Area.’’ 

The Knoxville Area is comprised of 

Anderson, Blount, Knox, and Loudon 

Counties in their entireties and a 

portion of Roane County that includes 

the Tennessee Valley Authority’s 

Kingston Fossil Plant. 

DATES: This direct final rule is effective 

on August 11, 2014 without further 

notice, unless EPA receives relevant 

adverse comment by July 10, 2014. If 

EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0738, 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) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2013– 

0738,’’ 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–2013– 

0738. 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 


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33098 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 

1EPA’s August 2, 2012, final rulemaking also 

finalized the determination of attaining data for the 

1997 annual PM2.5 NAAQS for the Knoxville Area. 

EPA published approval of the 1997 annual PM2.5

NAAQS base year emissions inventory for the 

Knoxville Area on August 21, 2012 (77 FR 50378). 

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 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: 

Joydeb Majumder, 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) 562–9121. 

Mr. Majumder can be reached via 

electronic mail at Majumder.joydeb@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 17, 2006, (71 FR 61144), 

EPA established the 24-hour PM2.5

NAAQS at 35.0 micrograms per cubic 

meter. On November 13, 2009 (74 FR 

58688), EPA published its air quality 

designations and classifications for the 

2006 24-hour PM2.5 NAAQS based upon 

air quality monitoring data for calendar 

years 2006–2008. These designations 

became effective on December 14, 2009. 

The Knoxville Area was designated 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP revision under title I, part D of the 

CAA. This SIP revision must include, 

among other elements, a demonstration 

of how the NAAQS will be attained in 

the nonattainment area as expeditiously 

as practicable, but no later than the date 

required by the CAA. On June 6, 2012 

(77 FR 33360), EPA proposed that the 

Knoxville Area had attained the 2006 

24-hour PM2.5 NAAQS. The proposed 

determination of attainment was based 

upon quality-assured and certified 

ambient air monitoring data for the 

2009–2011 time period. EPA published 

the final determination of attainment on 

August 2, 2012 (77 FR 45954).1 In 

accordance with the final determination 

of attainment, the requirements for the 

Knoxville Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other SIP revisions related to attainment 

of the standard are suspended, so long 

as the Area continues to attain the 2006 

24-hour PM2.5 NAAQS. 

The determination of attainment, 

however, does not suspend the 

emissions inventory requirement found 

in the CAA section 172(c)(3). On 

October 18, 2013, Tennessee submitted 

a 2008 base year emissions inventory for 

the 2006 PM2.5 24-hour NAAQS in the 

Knoxville Area. 

II. Analysis of the State’s Submittal 

As discussed above, section 172(c)(3) 

of the CAA requires nonattainment 

areas to submit a comprehensive, 

accurate, and current inventory of actual 

emissions from all sources of the 

relevant pollutant or pollutants in such 

areas. Tennessee selected 2008 as the 

base year for the emissions inventory 

per 40 CFR 51.1008(b) because, at the 

time that the State submitted its October 

18, 2013, SIP revision, it was the most 

recent calendar year for which the State 

had developed a comprehensive 

emissions inventory to meet the federal 

National Emissions Inventory 

requirements. The emissions inventory 

contained in TDEC’s SIP revision covers 

the general source categories of point 

sources, non-road mobile sources, area 

sources, and on-road mobile sources of 

direct and precursor emissions of PM2.5. 

The precursor emissions included in the 

Knoxville Area emissions inventory 

include ammonia (NH3), nitrogen oxides 

(NOX), sulfur dioxide (SO2), and volatile 

organic compounds (VOCs). A detailed 

discussion of the emissions inventory 

development can be found in Appendix 

A of the Tennessee submittal found in 

the docket of today’s rulemaking. The 

table below provides a summary of the 

annual 2008 emissions of NH3, NOX, 

VOCs, SO2, and direct PM2.5 included in 

the Tennessee submittal. 

2008 ANNUAL EMISSIONS FOR THE KNOXVILLE AREA

[Tons per year] 

County NOX SO2 PM2.5 VOC NH3

Point Sources 

Anderson .............................................................................. 9,561.1 30,338.3 444.0 227.8 1.2 

Blount ................................................................................... 409.0 3,862.8 679.4 1,891.1 ........................

Knox ..................................................................................... 1,988.7 466.1 144.8 551.2 0.1 

Loudon ................................................................................. 910.4 2,329.6 368.8 875.3 2.6 

Roane* ................................................................................. 7,927.2 50,616.2 842.0 152.1 18.8 


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Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 33099 

2008 ANNUAL EMISSIONS FOR THE KNOXVILLE AREA—Continued 

[Tons per year] 

County NOX SO2 PM2.5 VOC NH3

Non-Road Sources 

Anderson .............................................................................. 866.2 24.8 52.5 786.4 0.6 

Blount ................................................................................... 911.0 46.4 78.1 1,187.8 0.7 

Knox ..................................................................................... 2,252.7 43.1 212.6 2,444.7 2.7 

Loudon ................................................................................. 510.1 18.1 40.8 809.6 0.5 

Roane* ................................................................................. 6.5 0.2 0.4 10.4 0.0 

Area Sources 

Anderson .............................................................................. 735.3 64.8 522.4 1,331.9 102.9 

Blount ................................................................................... 919.8 1,984.7 718.9 1,890.9 319.4 

Knox ..................................................................................... 1,027.4 42.4 1,285.0 3,887.9 303.9 

Loudon ................................................................................. 413.5 361.3 344.7 686.6 281.8 

Roane* ................................................................................. 4.6 0.2 2.8 6.7 1.1 

On-Road Sources 

Anderson .............................................................................. 2,353.5 41.9 87.7 886.7 36.7 

Blount ................................................................................... 2,340.1 33.3 82.5 1,255.5 48.1 

Knox ..................................................................................... 13,178.5 67.4 408.1 6,178.3 234.7 

Loudon ................................................................................. 2,979.1 62.3 121.7 784.0 34.9 

Roane* ................................................................................. 30.7 0.6 1.2 10.8 0.4 

* Nonattainment portion of Roane County only. 

Tennessee developed the 2008 

emissions inventory for the Knoxville 

Area by incorporating data from 

multiple sources. States were required 

to develop and submit to EPA a 

triennial emissions inventory according 

to the Consolidated Emissions Reporting 

Rule for all source categories (i.e., point, 

non-road mobile, area, and on-road 

mobile). This inventory often forms the 

basis of data that are updated with more 

recent information and data that also are 

used in the attainment demonstration 

modeling inventory. Such was the case 

in the development of the 2008 baseyear emissions inventory that was 

submitted in TDEC’s SIP revision for the 

Knoxville Area. The 2008 base-year 

emissions for the 2008 inventory 

included here were developed in a 

number of ways. Some of the 

information was developed at the local 

and state level. Some emissions data 

were developed by EPA as described in 

EPA’s 2008 National Emissions 

Inventory, Version 2, Technical Support 

Document, June 2012, Draft 

documentation. Some data sets are a 

hybrid of the two—where local inputs 

are provided to EPA to generate 

emissions. Tennessee’s emissions 

inventory data were developed 

according to the most recent EPA 

emissions inventory guidance available 

at the time that Tennessee submitted the 

October 18, 2013, SIP revision. 

EPA has reviewed the 2008 base year 

emissions inventory for the Knoxville 

Area in Tennessee’s October 18, 2013, 

SIP revision and determined that the 

process used to develop this inventory 

was consistent with the CAA, 

implementing regulations, and EPA 

guidance for emissions inventories. EPA 

has therefore determined that this 

emissions inventory is adequate for the 

purposes of meeting the emissions 

inventory requirement in section 

172(c)(3). 

III. Final Action 

EPA is taking direct final action to 

approve the 2008 base year emissions 

inventory portion of the attainment 

demonstration SIP revision for the 

Knoxville Area submitted by the State of 

Tennessee on October 18, 2013. EPA 

determined that this action is consistent 

with section 110 and 172(c)(3) of the 

CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

revision and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comment be 

filed. This rule will be effective on 

August 11, 2014 without further notice 

unless the Agency receives relevant 

adverse comment by July 10, 2014. If 

EPA receives such comments, EPA will 

publish a document withdrawing the 

final rule and informing the public that 

the rule will not take effect. EPA will 

address all relevant adverse comment 

received during the comment period in 

a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so by July 10, 2014. If no such 

comments are received, this rule will be 

effective on August 11, 2014 and no 

further action will be taken on the 

proposed rule. 

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 action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 


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33100 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 11, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: May 22, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. Section 52.2220(e) is amended by 

adding a new entry for ‘‘Knoxville; 2006 

24-hour Fine Particulate Matter 2008 

Base Year Emissions Inventory’’ at the 

end of the table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State effective 

date EPA approval date Explanation 

*******

Knoxville; 2006 24-hour Fine 

Particulate Matter 2008 

Base Year Emissions Inventory.

Anderson, Blount, Knox, and 

Loudon Counties, and the 

portion of Roane County 

that falls within the census 

block that includes the Tennessee Valley Authority’s 

Kingston Fossil Plant.

10/9/2013 6/10/2014 [Insert citation of 

publication].

[FR Doc. 2014–13422 Filed 6–9–14; 8:45 am] 

BILLING CODE 6560–50–P 


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