ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-0AR-2010-0663-201037; FRL- ] Approval andPromulgation ofImplementation Plans; Tennessee: Approval ofSection 11O(a)(1) Maintenance Plan for the 1997 8-HourOzone Standards for the Nashville, Tennessee Area

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUl\fMARY: EPA is proposing to approve adraftrevision to the Tennessee State ImplementationPlan (SIP), submitted to EPA onAugust 3, 2010, for parallel processing. The proposedrevision 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 ofDavidson, Rutherford, Sumner, Williamson, andWilson Counties in their entireties. This maintenance plan
was submitted to EPA by the State ofTennessee, through the Tennessee Departmentof Environment and Conservation (TDEC), to ensure the continued attainment ofthe 1997 8-hour
ozone national ambient air quality standards (NAAQS) through the year 2018 inthe Nashville Area. EPA is approving the SIPrevisionpursuantto section 110 ofthe Clean AirAct (CAA). This maintenance plan meets all the statutory and regulatoryrequirements, and is consistent with EPA's guidance.DATES: Comments mustbe received on orbefore [insert date 30 days after date ofpublication in the Federal Registerl.

ADDRESSES: Submit your comments, identifiedby Docket ill No. EPA-R04-0AR-2010- 0663, by one ofthe following methods: 1. 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-R04-0AR-2010-0663, Regulatory DevelopmentSection, AirPlanning Branch, Air, Pesticides and Toxies ManagementDivision, 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, AirPlanning Branch, Air, Pesticides and Toxics ManagementDivision, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's nonnal hours ofoperation. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

Instructions: Direct your comments to Docket ill No. EPA-R04-0AR-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 www.regulations.gov, including any personal infonnationprovided, unless the comment includes infonnation claimed to be Confidential Business Infonnation (CBI)
orother infonnation whose disclosure is restricted by statute. Do not submit through 2www.regulations.gov ore-mail, information that you considerto be CBI orotherwise protected. The www.regulations.gov website is an "anonymous access" system, which means EPA will not know your identity orcontact information unless you provide it in the body ofyour comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part ofthe commentthat is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and othercontact information in the body ofyour comment and with any disk orCD-ROM you submit. IfEPA cannotread your comment due to technical difficulties and cannotcontact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use ofspecial characters, any form of encryption, andbe free ofany defects orviruses. For additional information aboutEPA's public docket visit the EPA DocketCenterhomepage athttp://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 notpublicly available, Le., CBI orother information whose disclosure is restrictedby statute. Certain othermaterial, 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 eitherelectronically in www.regulations.gov or inhard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics ManagementDivision, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. EPA requests that ifat all possible, you contactthe person listed in the

### FORFURTHERINFORMATION CONTACT sectionto schedule your inspection. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 

### 34:30, excluding federal holidays.



### FOR FURTHER INFORMATION CONTACT: Royce Dansby-Sparks, Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics ManagementDivision, 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 dansby-sparks.royce@epa.gov.



### SUPPLKMENTARY INFORMATION: Table ofContents I. Background II. EPA's Analysis ofTennessee's Submittal III. Proposed Action IV. Statutory and Executive orderReviews

I. Background In accordance with the CAA, the Nashville Area was designated nonattainmentfor 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 ofTennessee, through the TDEC, submitted arequest to redesignate the Nashville Areato attainmentfor the I-hourozone NAAQS (see 61 FR 55903). Subsequently onAugust 9, 1995, andJanuary 19, 1996, Tennessee submitted supplementary information which included revised contingency measures and emissionprojections. Included with the I-hourozone redesignation request, Tennessee submitted the required I-hourozone 4monitoring data and maintenance plan ensuring the Area would remain in attainment for the 1- hour ozone NAAQS for at least aperiod of 10 years (consistent with CAA 175A(a». The maintenance plan submitted byTennessee followed EPA guidance for maintenance areas, subject to section 175Aofthe CAA. On October 30, 1996, EPA approved Tennessee's requestto redesignate the Nashville Area to attainment for the I-hourozone NAAQS (61 FR 55903). The maintenance plan for the Areabecame effective on October 30, 1996. Tennessee laterupdated the maintenance plan in accordance with section 175(A)(b) on August 10,2005, to extend the maintenance plan to cover additional years such that the entire maintenance period was for at least 20 years after the initial redesignation ofthe Area to attainment. EPA approved Tennessee's maintenance planupdate 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 publishedthe final Phase 1 Rule for implementation ofthe 19978- hour ozone NAAQS (69 FR 23951) (Phase 1 Rule), ultimately revoking the I-hourozone NAAQS. The Nashville Area, however, was still required to fulfill requirements underthe 1- hour ozone NAAQS due to its participation in anEarly Action Compact (EAC). For areas participating in anEAC, the effective designation date for the 1997 8-hour ozone NAAQS was deferred until December 31, 2006, in afinal action publishedby EPA on August 19,2005 (70 FR 50988) and later extendedto April 15,2008 (71 FR 69022) for most ofthe EAC Areas, including Nashville, so long as t?e Area continued to meet milestone requirements. Therefore, the requirement for an attainment areato submit a lO-yearmaintenance planunder 11O(a)(l) ofthe CAA and the Phase 1 Rule was also postponeduntil the Area was effectively designated for the 1997 8-hour ozone NAAQS. The Nashville Area was laterdesignated as attainment for the 1997 58-hour ozone NAAQS, effective April 15, 2008, with the I-hourozone requirements no longer effective on April 15, 2009 (73 FR 17897). The attainment area was consequently required to submit a lO-yearmaintenance plan under section 11O(a)(1) ofthe CAA and the Phase 1 Rule. OnMay 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 (Memorandumfrom Lydia N. Wegman to AirDivision Directors, Maintenance Plan Guidance Document for Certain 8-hour OzoneAreas UnderSection 110(a)(1) ofCleanAirAct, May 20, 2005, hereafterreferred to as the "WegmanMemorandum"). On December 22, 2006, the United States Court ofAppeals for the DistrictofColumbia Circuit issued an opinion that vacatedEPA's Phase 1 Rule for the 1997 8-hourozone NAAQS. South CoastAirQuality ManagementDistrict(SQAMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Courtvacated those portions ofthe Phase 1 Rule that provided for regulation ofthe 1997 8-hourozone nonattainment areas designated under Subpart 1 in lieu ofSubpart2 (ofpartD ofthe CAA), among otherportions. The Court's decision does not alter any requirements underthe Phase 1 Rule for section 110(a)(l) maintenance plans. EPA is proposing to take actionto approve Tennessee's August 3, 2010, SIP revision, submittedfor parallel processing, which satisfy CAA section 11O(a)(1) CAArequirements for a planproviding for maintenance ofthe 1997 8-hour ozone NAAQS in the Nashville Area.



### II. EPA's Analysis ofTennessee's Submittal On August 3, 2010, the State ofTennessee, through the TDEC and the Metro NashvillelDavidson County Pollution Control Division Office, submitted aproposed SIP revision for parallel processing containing the 1997 8-hourozone maintenance plan for the 

### 6Nashville Area as required by section 1l0(a)(l) ofthe CAA and the provisions ofEPA's Phase 1 Rule (see 40 CFR 51.905(a)(4». The purpose ofthe planis to ensure continued attainment and maintenance ofthe 1997 8-hourozone NAAQS until 2018 for this attainment area. The August 3,2010, SIP revision is not yet state-effective, therefore, Tennessee has requested thatEPA "parallel process" the SIP revision. Underthis procedure, the Regional Office works closely with the state while developing new orrevised regulations. Generally, the state submits a copy ofthe proposed regulation orotherrevisions to EPA before conducting its public hearing. EPA reviews this proposed state action, and prepares anotice ofproposed rulemaking. EPA's notice ofproposed rulemaking is published in the Federal Register during approximately the same time frame thatthe state is holding its public hearing. The state and EPA then provide for public commentperiods onboth the state and federal actions. AfterTennessee submits the formal state-effective SIPrevision request (including a response to all public comments raised during the state's public participationprocess, and the 1997 8-hourozone 11O(a)(1) maintenance plan), EPA will prepare a final rulemaking notice for the SIPrevision. IfTennessee's rulemaking to address the 1997 8-hour ozone 11O(a)(l) maintenance plan contains changes which occur after EPA's notice ofproposed rulemaking, such change mustbe described in EPA's final rulemaking action. IfTennessee'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)(l) maintenance plan. As required, the planprovides for continued attainment and maintenance ofthe 1997 8:" hour ozone NAAQS in the Nashville Areafor at least 10 years from the effective date ofthis Area's designation as attainmentfor the 1997 8-hourozone NAAQS. The plan also includes components illustrating how the Area will continue attainmentofthe 1997 8-hourozone 7NAAQS, and provides contingency measures. The Section 11O(a)(l) plan components are discussed below for the Nashville Area. (a)AttainmentInventory. In order to demonstrate maintenance in the aforementioned area, Tennessee developed comprehensive inventories ofvolatile 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 ofthe 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 ofa laterbase year of 2005,2006, or 2007 was required for the purpose ofan 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. Onroad mobile emissions ofVOC 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 estimatedbased onEPA's National Emissions Inventory. In projecting data for the maintenance year 2018 emissions inventories, Tennessee used several methods to projectdatafrom the base year 2007 to the interim years 2010, 2014, and 2018. These projected inventories were developed using EPA-approved technologies and 8methodologies including the SoutheasternEmissions 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 factors from EPA's Economic Growth and Analysis System. The following tables provide VOC and NOx emissions datafor the 2007 base attairunent year inventories, as well as projected VOC and NOx emissions inventory data for 2010, 2014, and 2018. The Phase 1 Rule provides thatthe lO-yearmaintenance period begin as ofthe effective date ofdesignation for the 1997 8-hourNAAQS for the Area. The designations for the 13 EAC attairunent areas (ofwhich Nashville was one) were effective inApril 2008 so the maintenance period must end no earlierthan 2018. Table 1. 2007 VOC and NOx Base YearEmissions 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 reflectthe absolute mathematical totals.

9

### 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 projectedto steadily decrease its total VOC and NOx emissions from the base year of2007 to the maintenance year of2018. This VOC and NOx emission decrease demonstrates continued attainment/maintenance ofthe 19978- hourozone NAAQS forten years from 2008 (Le., the yearthe Area was effectively designated attainment for the 1997 8-hourozone NAAQS) as required by the CAA and Phase 1 Rule. NOx and VOC emissions are expectedto decrease approximately47 and 18 percent, respectively, from the attainmentbase yearto 2018. These projected reductions ofozone precursors ensure continued maintenance ofthe 1997 8-hourozone NAAQS. The attainment inventories submittedby 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 expectedto be less than the attainment level 10emissions in 2007. In the eventthat future 1997 8-hour ozone monitoring values in the Area are found to violate the 1997 8-hourozone NAAQS, the contingency plan section ofthe Area's maintenance plan includes measures that will be promptly implemented to ensure thatthe Area returns to maintenance ofthe 1997 ozone NAAQS. Please see section (d) Contingency Plan, below, for additional informationrelated to the contingency measures in the maintenance plan. (b) Maintenance Demonstration. The primary purpose ofa maintenance plan is to demonstrate how an area will continue to remain in attainment with the 1997 8-hourozone standards for the lO-yearperiod following the effective date ofdesignation 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 ofozoneforming emissions that were consistent with attainment ofthe NAAQS for ozone in 2007. Tennessee projectedVOC and NOx emissions for 2010,2014, and 2018. EPA fmds 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 oflarge parts ofthe operations ofE.I du Pont Nemours and Company located in Davidson County resulting in significant reductions ofboth 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 CarolinaClean Smokestacks Act, (2) AtlantaINorthern KentuckylBirmingham i-hour SIPs, (3) NOx reasonably available control technology in 1997 8- hour ozone nonattainment area SIP, and (4) implementation ofNOx SIP Call Phase 1 in southeastern states. Moreover, despite the legal status ofthe CleanAir Interstate Rule (CAIR) as

11remanded, many facilities have already installed or are continuing with plans to install emission controls that may benefit the Nashville Area. (c) 

### Consideration ofCAIR. 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 ofstates, when submitting SIPrevisions to require sources to participate in the CAIR ozone season trading program, removed the SIPprovisions thatrequired sources to participate in the NOx Budget Trading Program. In addition, because the provisions ofCAIR, including the ozone season NOx trading program, remain in place during the remand 

### (North Carolina v. 

### EPA, 550 F.3d 1176 (D.C. Cir. 2008)), EPA is not currently administering the NOx BudgetTrading Program. Nonetheless, all states, regardless ofthe current status oftheirregulations thatpreviously required participation in the NOx Budget Trading Program, will remain subject to all ofthe requirements in the NOx SIP Call, even ifthe existing CAIR ozone season trading program is withdrawn or altered. In addition, the anti-backsliding provisions of40 CFR 51.905(0 specifically provide that the provisions ofthe NOx SIP Call, including the statewide NOx emission budgets, continue to apply afterrevocation ofthe I-hour standards. All NOx SIP Call states have SIPs that currently satisfy their obligations underthe SIP Call, the SIP Call reduction requirements are being met, and EPA will continue to enforce the requirements ofthe NOx SIP Call even after any response to the CAIRremand. Forthese

12reasons, EPA believes that regardless ofthe status ofthe CAIR program, the NOx SIP call requirements canbe relied upon in demonstrating maintenance. (d)AmbientAirQualityMonitoring. The table below shows design values l for the Nashville Area. The ambient ozone monitoring data were collected at sites that were selected with assistance from EPA and are considered representative ofthe areas ofhighest concentration. The State ofTennessee and Metro NashvillelDavidson CountyPollution Control Division Office will continue to conduct ambient air quality monitoring programs for ozone in theirrespective
areas. All monitoring programs will continue in accordance with applicable EPA monitoring requirements contained in40 CFRPart 58. Any modification to the ambient airmonitoring network will be accomplished through close consultation with EPA. The Nashville Areahas not had a monitor design value that exceeded the 1997 8-hour NAAQS since the 2001-2003 design value time-period as seen in Table 3.2


### Table 3. Maximum 8-Hour OzoneDesign Values (parts permillion) Years Desi2;n 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

1 The 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-hourozone 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 50, Appendix I, Section 3. 2UnderEPA regulations found at 40 CFRpart 50, the 1997 8-hourozone NAAQS are attained when the 3-year average ofthe 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). 132002-2004 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 ofthe 1997 8-hourozone NAAQS at a level of0.079 parts per million (ppm). Further, these design values indicate that the Nashville maintenance Area is expected to continue attainment ofthe 1997 8-hourozone NAAQS based on a gradual decrease in the design values. The attainment level for the 1997 8-hourozone standards is 0.080 ppm, effectively 0.084 ppm with therounding convention. In the event that a design value for the Nashville Area monitors exceed the 1997 8-hourozone standards, one ormore contingency measures included in Tennessee's maintenance plan wouldbe promptly implemented in accordance with the contingency plan, as discussed below. (e) Contingency Plan. In accordance with 40 CPR 51.905(a)(4)(ii) and the Wegman Memorandum, the Section 11O(a)(1) maintenance plan includes contingency provisions to promptly correct aviolation ofthe 1997 8-hourozone 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 ofthe 1997 8-hourozone NAAQS at any monitor, and (2) an increase in the actual ozone precursor emissions ofat least ten percent overthe 2007 emissions inventory. In the maintenance plan, ifcontingency measures
are triggered, the State ofTennessee and Metro NashvillelDavidson County Pollution Control Division Office are committed to implement the measures as expeditiously as practicable,
14including adopting one ormore contingency measures as expeditiously as practical and implementing the measures within twenty-fourmonths ofthe triggering event. The contingency
measures include: (1) expansion ofNOx and/orVOC control strategies in the Nashville Maintenance Area; (2) in conjunction with the State ofTennessee, implementation ofmobile
source transportation controls such as reduced speed limits for heavy duty diesel vehicles; (3) lowering major source thresholds; (4) expansion ofthe openburning ban in Davidson County to include homeowners in the area; (5) implementation ofanti-idling legislation; and/or (6) any other control measure determined to be appropriate atthe time atrigger is exceeded. These contingency measures and schedules for implementation satisfy EPA's longstanding guidance on the requirements ofsection 1l0(a)(I) ofcontinued attainment. Continued attainment ofthe 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 ofTennessee and Metro NashvillelDavidson CountyPollution Control DivisionOffice commit to verify the 1997 8-hourozone status in this maintenance plan through periodic ozone precursoremission inventory updates. Emission inventory updates will be completed by 18 months following the end ofthe inventory yearto verify continued attainment ofthe 1997 8-hour ozone NAAQS.



### III. Proposed Action Pursuant to section 11O(a)(1) ofthe CAA, EPA is proposing to approve the maintenance plan addressing the 1997 8-hourozone standards in the Nashville Area, submitted by the State of Tennessee, through TDEC, on August 3,2010. The maintenance plan ensures continued attainment ofthe 1997 8-hourozone NAAQS through the maintenance year 2018. EPAhas

15evaluated Tennessee's submittal and has preliminarily detennined that it meets the applicable requirements ofthe CAA and EPA regulations, and is consistentwith EPA policy. On March 12,2008, EPA issuedrevised ozone NAAQS. On September 16,2009, EPA announced itwould reconsider the 2008 NAAQS for ozone and proposed anew schedule for designations for the reconsidered NAAQS. The current action, however, is being taken to address requirements underthe 1997 8-hourozone standards. Requirements for the Nashville Areaunderthe 2010 reconsidered ozone NAAQS will be addressed in the future.



### IV. Statutory and Executive Order Reviews
Underthe CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 741O(k); 40 CFR 52.02(a). Thus, inreviewing SIP submissions, EPA's role is to approve state choices, provided that they meetthe criteria ofthe CAA. Accordingly, this proposed action merely approves state law as meetingFederal requirements and does not impose additional requirements beyond those imposedby state law. Forthatreason, this proposed action:

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

• does notimpose an infonnation collectionburden underthe provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

• is certified as nothaving a significanteconomic impact on a substantial number ofsmall entities underthe Regulatory Flexibility Act (5 U.S.C. 601 etseq.);

16• does notcontain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform 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 safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

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

• is not subjectto requirements ofSection 12(d) ofthe National Technology Transfer and AdvancementAct of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the CAA; and

• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health orenvironmental 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 orpreempt tribal law
.

17ListofSubjects in 40 CFR Part52 Environmental protection, Airpollution control, Ozone, Volatile organic compounds.
Authority: 42 U.S.c. 7401 et seq.

Regional Administrator, Region 4.

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