39970 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland 

Administrative 

Regulations (COMAR) 

citation 

Title/subject State effective 

date 

EPA approval 

date 

Additional explanation/ 

citation at 40 CFR 52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register 

citation].

* * * * * * * 

26.11.17 Requirements for Major New Sources and Modifications 

26.11.17.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register 

citation].

26.11.17.02 ............... Applicability ................................ 7/8/13 7/13/15 [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–16918 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2014–0870; FRL–9930–49- 

Region 4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Tennessee; Redesignation 

of the Knoxville 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking four separate 

final actions related to a state 

implementation plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

Division of Air Pollution Control, on 

November 14, 2014, for the Knoxville, 

Tennessee 8-hour ozone nonattainment 

area (hereinafter referred to as the 

‘‘Knoxville Area’’ or ‘‘Area’’). The 

Knoxville Area includes a portion of 

Anderson County as well as Blount and 

Knox Counties in their entireties. EPA is 

approving the base year emissions 

inventory for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS) for the Knoxville Area; 

determining that the Knoxville Area is 

attaining the 2008 8-hour ozone 

NAAQS; approving into the SIP the 

State’s plan for maintaining attainment 

of the 2008 8-hour ozone NAAQS in the 

Area, including the 2011 and 2026 

motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOC); and 

redesignating the Area to attainment for 

the 2008 8-hour ozone NAAQS. EPA is 

also finding the 2011 and 2026 MVEBs 

for NOX and VOC for the Knoxville Area 

adequate for the purposes of 

transportation conformity. 

DATES: This rule is effective August 12, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0870. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

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: Jane 

Spann or Tiereny Bell of the Air 

Regulatory Management Section, in the 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann may be reached by phone at (404) 

562–9029 or via electronic mail at 

spann.jane@epa.gov. Ms. Bell may be 

reached by phone at (404) 562–9088 or 

via electronic mail at bell.tiereny@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Final Actions 

On May 21, 2012, EPA designated 

areas as unclassifiable/attainment or 

nonattainment for the 2008 8-hour 

ozone NAAQS that was promulgated on 

March 27, 2008. See 77 FR 30088. The 

Knoxville Area was designated as 

nonattainment for the 2008 8-hour 

ozone NAAQS and classified as a 

marginal nonattainment area. On 

November 14, 2014, TDEC requested 

that EPA redesignate the Area to 

attainment for the 2008 8-hour ozone 

NAAQS and submitted a SIP revision 

containing a base year emissions 

inventory for the Area to address the 

requirements of Clean Air Act (CAA or 

Act) section 182(a)(1) and the State’s 

plan for maintaining attainment of the 

2008 8-hour ozone standard in the Area, 

including the 2011 and 2026 MVEBs for 

NOX and VOC. In a notice of proposed 

rulemaking (NPR) published on May 21, 

2015, EPA proposed to approve the base 

year emissions inventory for the 2008 8- 

hour ozone NAAQS for the Knoxville 

Area; to determine that the Knoxville 

Area is attaining the 2008 8-hour ozone 

NAAQS; to approve into the SIP the 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39971 

1Tennessee’s November 14, 2015, SIP 

submission, including the Knoxville Area NOX and 

VOC MVEBs, was open for public comment on 

EPA’s adequacy Web site on December 4, 2014, 

found at: http://www.epa.gov/otaq/stateresources/

transconf/currsips.htm#knx-tn. The EPA public 

comment period on adequacy for the MVEBs for 

2011 and 2026 for the Knoxville Area closed on 

January 5, 2015. No comments, adverse or 

otherwise, were received during EPA’s adequacy 

process for the MVEBs associated with Tennessee’s 

maintenance plan. 

State’s plan for maintaining attainment 

of the 2008 8-hour ozone standard in the 

Area, including the 2011 and 2026 

MVEBs for NOX and VOC; and to 

redesignate the Area to attainment for 

the 2008 8-hour ozone NAAQS. See 80 

FR 29237. In that notice, EPA also 

notified the public of the status of the 

Agency’s adequacy determination for 

the Knoxville Area NOX and VOC 

MVEBs.1 The details of Tennessee’s 

submittal and the rationale for EPA’s 

actions are explained in the NPR. EPA 

received one comment on the May 21, 

2015, NPR. This comment is provided 

in the docket for today’s final actions 

and supports those actions. EPA’s 

response to the comment is provided 

below. 

II. EPA’s Response to Comment 

The Commenter ‘‘support[s] this 

docket as written’’ and states that ‘‘it is 

clear the metro area [Knoxville] is in 

attainment of the 2008 8-hour ozone 

standard.’’ Although supportive of the 

actions, the Commenter is ‘‘somewhat 

suspicious of the large projected 

decreases in NOX from [on] road 

sources, given that vehicle traffic will 

almost certainly be increasing 

throughout the modeled time period.’’ 

The Commenter believes that it ‘‘seems 

likely that smaller. . .reductions in 

NOX from [on] road sources. . . will 

still result in continued attainment of 

the ozone standard given that current 

NOX emissions are resulting in ozone 

attainment.’’ 

EPA does not view this comment as 

adverse. Regarding the magnitude of the 

projected on-road mobile source NOX

emissions reductions given increased 

vehicle traffic, EPA notes that 

Tennessee used the interagency 

consultation process required by 40 CFR 

part 93 (known as the Transportation 

Conformity Rule) which requires EPA, 

the United States Department of 

Transportation, metropolitan planning 

organizations (MPOs), state departments 

of transportation, and State and local air 

quality agencies to work together to 

develop applicable implementation 

plans. The planning assumptions used 

to develop on-road NOX emissions 

estimates for the Knoxville Area 

maintenance plan applied emissions 

factors developed from the latest EPAapproved mobile emissions model 

(known as the Motor Vehicle Emissions 

Simulator or MOVES2014) and did 

consider increased vehicle traffic by 

incorporating the increased vehicle 

miles travelled from the MPO’s travel 

demand model. MOVES2014 is the 

state-of-the-science emissions model 

that incorporates the newest emissions 

control regulatory programs. 

III. What are the effects of these 

actions? 

Approval of Tennessee’s 

redesignation request changes the legal 

designation of Blount and Knox 

Counties and the portion of Anderson 

County included in the Knoxville Area, 

found at 40 CFR 81.343, from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. Approval of 

Tennessee’s associated SIP revision also 

incorporates a plan for maintaining the 

2008 8-hour ozone NAAQS in the 

Knoxville Area through 2026 and a 

section 182(a)(1) base year emissions 

inventory into the Tennessee SIP. The 

maintenance plan establishes NOX and 

VOC MVEBs for 2011 and 2026 for the 

Knoxville Area and includes 

contingency measures to remedy any 

future violations of the 2008 8-hour 

ozone NAAQS and procedures for 

evaluation of potential violations. The 

NOX MVEBs for 2011 and 2026 are 

41.62 tons per day (tpd) and 17.69 tpd, 

respectively. The VOC MVEBs for 2011 

and 2026 are 19.71 tpd and 10.49 tpd, 

respectively. Additionally, EPA is 

finding the newly-established NOX and 

VOC MVEBs for the Knoxville Area 

adequate for the purpose of 

transportation conformity. Within 24 

months from this final rule, the 

transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e). 

IV. Final Actions 

EPA is taking four separate but related 

actions regarding the Knoxville Area’s 

redesignation to attainment and 

maintenance of the 2008 8-hour ozone 

NAAQS. First, EPA is approving 

Tennessee’s section 182(a)(1) base year 

emissions inventory for the 2008 8-hour 

ozone standard for the Knoxville Area 

into the SIP. Approval of the base year 

inventory is a prerequisite for EPA to 

redesignate the Area from 

nonattainment to attainment. 

Second, EPA is determining that the 

Knoxville Area is attaining the 2008 8- 

hour ozone NAAQS based on complete, 

quality-assured and certified monitoring 

data for the 2011–2013 monitoring 

period. The 2012–2014 data in the Air 

Quality System indicates that the Area 

is continuing to attain the 2008 8-hour 

ozone NAAQS. 

Third, EPA is approving the 

maintenance plan for the Knoxville 

Area, including the NOX and VOC 

MVEBs for 2011 and 2026, into the 

Tennessee SIP (under CAA section 

175A). The maintenance plan 

demonstrates that the Area will 

continue to maintain the 2008 8-hour 

ozone NAAQS, and the budgets meet all 

of the adequacy criteria contained in 40 

CFR 93.118(e)(4) and (5). 

Fourth, EPA is determining that 

Tennessee has met the criteria under 

CAA section 107(d)(3)(E) for the 

Knoxville Area for redesignation from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. On this 

basis, EPA is approving Tennessee’s 

redesignation request for the 2008 8- 

hour ozone NAAQS for the Knoxville 

Area. As mentioned above, approval of 

the redesignation request changes the 

official designation of Blount and Knox 

Counties and the portion of Anderson 

County in the Knoxville Area for the 

2008 8-hour ozone NAAQS from 

nonattainment to attainment, as found 

at 40 CFR part 81. 

EPA is also finding the newlyestablished NOX and VOC MVEBs for 

the Knoxville Area adequate for the 

purpose of transportation conformity. 

Within 24 months from this final rule, 

the transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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, these actions 

merely approve state law as meeting 

Federal requirements and do not impose 

additional requirements beyond those 


srobinson on DSK5SPTVN1PROD with RULES
39972 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

imposed by state or federal law. For 

these reasons, these actions: 

• Are not a significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 September 11, 2015. 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: July 6, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are 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 two new entries for ‘‘2008 8- 

hour Ozone Maintenance Plan for the 

Knoxville Area’’ and ‘‘2008 8-hour 

Ozone Emissions Inventory for the 

Knoxville Area’’ 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 

*******

2008 8-hour Ozone Maintenance Plan for the Knoxville 

Area.

Blount County, Knox County, 

and a portion of Anderson 

County.

11/14/14 7/13/15 [Insert citation of publication].

2008 8-hour Ozone Emissions 

Inventory for the Knoxville 

Area.

Blount County, Knox County, 

and a portion of Anderson 

County.

11/14/14 ...................................................

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.343, the table entitled 

‘‘Tennessee-2008 8-Hour Ozone NAAQS 

(Primary and secondary)’’ is amended 

by revising the entries for ‘‘Knoxville, 

TN,’’ ‘‘Anderson County (part),’’ 

‘‘Blount County,’’ and ‘‘Knox County’’ 

to read as follows: 

§ 81.343 Tennessee. 

* * * * * 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39973 

TENNESSEE-2008 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation Category/Classification 

Date 1 Type Date 1 Type 

Knoxville, TN 2 .............................. This action is effective 7/13/15 .... Attainment .................................... ...........................

Anderson County (part): 

2000 Census tracts: 202, 

213.02.

...................................................... ...................................................... ...........................

Blount County ............................... ...................................................... ...................................................... ...........................

Knox County ................................. ...................................................... ...................................................... ...........................

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 

3 Includes any Indian country in each county or area, unless otherwise specified. 

* * * * * 

[FR Doc. 2015–17055 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSK5SPTVN1PROD with RULES