Proposed Rule2021-12164
Air Plan Approval; TN; Knoxville Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Primary source
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Published
June 11, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, via a letter dated January 23, 2020. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Knoxville, Tennessee Area (hereinafter referred to as the ``Knoxville Area'' or ``Area''). The Knoxville Area, as defined in this proposed action, is comprised of Jefferson, Loudon, and Sevier Counties in their entireties, the portion of Cocke County that falls within the boundary of the Great Smoky Mountains National Park, and a portion of Anderson County that excludes the area surrounding TVA Bull Run Fossil Plant. EPA is proposing to approve the Knoxville Area LMP because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Knoxville Area through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Knoxville Area federally enforceable as part of the Tennessee SIP.
Full Text
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<title>Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)</title>
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[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Proposed Rules]
[Pages 31218-31225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12164]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0221; FRL-10024-71-Region 4]
Air Plan Approval; TN; Knoxville Area Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), Air Pollution Control Division, via a letter dated
January 23, 2020. The SIP revision includes the 1997 8-hour ozone
national ambient air quality standards (NAAQS) Limited Maintenance Plan
(LMP) for the Knoxville, Tennessee Area (hereinafter referred to as the
``Knoxville Area'' or ``Area''). The Knoxville Area, as defined in this
proposed action, is comprised of Jefferson, Loudon, and Sevier Counties
in their entireties, the portion of Cocke County that falls within the
boundary of the Great Smoky Mountains National Park, and a portion of
Anderson County that excludes the area surrounding TVA Bull Run Fossil
Plant. EPA is proposing to approve the Knoxville Area LMP because it
provides for the maintenance of the 1997 8-hour ozone NAAQS within the
Knoxville Area through the end of the second 10-year portion of the
maintenance period. The effect of this action would be to make certain
commitments related to
[[Page 31219]]
maintenance of the 1997 8-hour ozone NAAQS in the Knoxville Area
federally enforceable as part of the Tennessee SIP.
DATES: Written comments must be received at the address below on or
before July 12, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0221 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#0864697a676b6b69267b697a6960486d7869266f677e"><span class="__cf_email__" data-cfemail="c3afa2b1aca0a0a2edb0a2b1a2ab83a6b3a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. Tennessee's SIP Submittal
IV. EPA's Evaluation of Tennessee's SIP Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
In accordance with the Clean Air Act (CAA or Act), EPA is proposing
to approve the Knoxville Area LMP for the 1997 8-hour ozone NAAQS,
adopted by TDEC on January 8, 2020, and submitted by TDEC as a revision
to the Tennessee SIP on January 23, 2020. In 2004, the Tennessee
counties of Anderson, Blount, Knox, Jefferson, Loudon, and Sevier in
their entireties, and a portion of Cocke County were designated as
nonattainment for the 1997 8-hour ozone NAAQS (hereinafter referred to
as the ``Knoxville 1997 NAAQS Area''.\1\ Subsequently, in 2011, after a
clean data determination \2\ and EPA's approval of a maintenance plan,
the Knoxville 1997 NAAQS Area was redesignated to attainment for the
1997 8-hour ozone NAAQS.
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\1\ The ``Knoxville Area'' is a subset of the ``Knoxville 1997
NAAQS Area'', which is further defined later in this action.
\2\ See 75 FR 62470 (October 12, 2010).
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The Knoxville Area LMP, submitted by TDEC on January 23, 2020, is
designed to maintain the 1997 8-hour ozone NAAQS within the Knoxville
Area through the end of the second 10-year portion of the maintenance
period beyond redesignation. EPA is proposing to approve the plan
because it meets all applicable requirements under CAA sections 110 and
175A.
As a general matter, the Knoxville Area LMP relies on the same
control measures and contingency provisions to maintain the 1997 8-hour
ozone NAAQS during the second 10-year portion of the maintenance period
as the maintenance plan submitted by TDEC for the first 10-year period.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NO<INF>X</INF>) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and in adults with lung disease. Breathing air containing
ozone can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma and other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor
visits, and emergency department visits and hospital admissions for
individuals with lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\3\
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\3\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938
(January 19, 2010).
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In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. See 62 FR 38856 (July 18, 1997).\4\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour ozone NAAQS would be more
protective of human health, especially children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
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\4\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone NAAQS and tightened them by lowering the level
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Knoxville
1997 NAAQS Area, which is comprised of Anderson, Blount, Knox,
Jefferson, Loudon, and Sevier Counties in their entireties, and the
portion of Cocke County that falls within the boundary of the Great
Smoky Mountains National Park, as nonattainment for the 1997 8-hour
ozone NAAQS, and the designation became effective on June 15, 2004. See
69 FR 23858 (April 30, 2004). Similarly, on May 21, 2012, EPA
designated areas as unclassifiable/attainment or nonattainment for the
2008 8-hour ozone NAAQS. EPA designated Blount and Knox Counties and
the portion of Anderson County surrounding the TVA Bull Run Fossil
Plantas nonattainment for the 2008 8-hour ozone NAAQS and classified as
a marginal nonattainment area (hereinafter referred to as the
``Knoxville 2008 NAAQS Area''). This designation became effective on
July 20,
[[Page 31220]]
2012.\5\ In addition, on November 16, 2017, areas were designated for
the 2015 8-hour ozone NAAQS. The Knoxville 1997 NAAQS Area \6\ was
designated attainment/unclassifiable for the 2015 8-hour ozone NAAQS,
with an effective date on January 16, 2018.\7\
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\5\ See 77 FR 30088.
\6\ The ``Knoxville 1997 NAAQS Area'' encompasses both the
``Knoxville Area'' and the ``Knoxville 2008 NAAQS Area''.
\7\ See 82 FR 54232 (Nov. 16, 2017).
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A state may submit a request to redesignate a nonattainment area
that is attaining a NAAQS to attainment, and, if the area has met other
required criteria described in section 107(d)(3)(E) of the CAA, EPA may
approve the redesignation request.\8\ One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the NAAQS for the period extending ten years after
redesignation, and it must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
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\8\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing
maintenance plans.\9\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that projected future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni memo at page 9. EPA clarified
in three subsequent guidance memos that certain areas could meet the
CAA section 175A requirement to provide for maintenance by showing that
the area was unlikely to violate the NAAQS in the future, using
information such as the area's design value \10\ being significantly
below the standard and the area having a historically stable design
value.\11\ EPA refers to a maintenance plan containing this streamlined
demonstration as an LMP.
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\9\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards (OAQPS),
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' September 4, 1992 (Calcagni memo).
\10\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\11\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, OAQPS, dated
November 16, 1994; ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, OAQPS,
dated October 6, 1995; and ``Limited Maintenance Plan Option for
Moderate PM<INF>10</INF> Nonattainment Areas'' from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these guidance memoranda can
be found in the docket for this proposed rulemaking.
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EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for an LMP and have approved LMPs
have rarely, if ever, experienced subsequent violations of the NAAQS.
As noted in the LMP guidance memoranda, states seeking an LMP must
still submit the other maintenance plan elements outlined in the
Calcagni memo, including: An attainment emissions inventory, provisions
for the continued operation of the ambient air quality monitoring
network, verification of continued attainment, and a contingency plan
in the event of a future violation of the NAAQS. Moreover, a state
seeking an LMP must still submit its section 175A maintenance plan as a
revision to its SIP, with all attendant notice and comment procedures.
While the LMP guidance memoranda were originally written with respect
to certain NAAQS,\12\ EPA has extended the LMP interpretation of
section 175A to other NAAQS and pollutants not specifically covered by
the previous guidance memos.\13\
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\12\ The prior memos addressed: Unclassifiable areas under the
1-hour ozone NAAQS, nonattainment areas for the PM<INF>10</INF>
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\13\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of the
second ten-year LMP for the Grant County 1971 SO<INF>2</INF>
maintenance area).
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In this case, EPA is proposing to approve Tennessee's LMP because
the State has made a showing, consistent with EPA's prior LMP guidance,
that the Area's ozone concentrations are well below the 1997 8-hour
ozone NAAQS and have been historically stable and that it has met the
other maintenance plan requirements. TDEC submitted this LMP for the
Knoxville Area to fulfill the second maintenance plan requirement in
the Act. EPA's evaluation of the Knoxville Area's LMP is presented
below.
In July of 2010, TDEC submitted to EPA a request to redesignate the
Knoxville 1997 NAAQS Area to attainment for the 1997 8-hour ozone
NAAQS. This submittal included a plan to provide for maintenance of the
1997 8-hour ozone NAAQS in the Knoxville 1997 NAAQS Area through 2024
as a revision to the Tennessee SIP. EPA approved the Knoxville 1997
NAAQS Area's Maintenance Plan and the State's request to redesignate
the Knoxville 1997 NAAQS Area to attainment for the 1997 8-hour ozone
NAAQS effective March 8, 2011.\14\
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\14\ See 76 FR 12587 (March 8, 2011).
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Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that
one consequence of revocation was that areas that had been redesignated
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b).\15\ On July 13, 2015, EPA redesignated the Knoxville 2008
NAAQS Area as attainment for the 2008 8-hour ozone NAAQS, and the
designation became effective on August 12, 2015. See 80 FR 39970 (July
13, 2015).
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\15\ See 80 FR 12315 (March 6, 2015).
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In South Coast Air Quality Management District v. EPA, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) vacated EPA's interpretation that, because of the revocation
of the 1997 8-hour ozone NAAQS, second maintenance plans were not
required for ``orphan maintenance areas,'' i.e., areas that had been
redesignated to attainment for the 1997 8-hour ozone NAAQS maintenance
areas and were designated attainment for the 2008 ozone NAAQS. South
Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan
maintenance areas'' under the 1997 8-hour ozone NAAQS must submit
maintenance plans for the
[[Page 31221]]
second maintenance period. Accordingly, on January 23, 2020, Tennessee
submitted a second maintenance plan for the Knoxville Area that shows
that the Area is expected to remain in attainment of the 1997 8-hour
ozone NAAQS through 2031.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Knoxville Area
well below the 1997 8-hour ozone NAAQS, TDEC chose the LMP option for
the development of its second 1997 8-hour ozone NAAQS maintenance plan.
On January 8, 2020, TDEC adopted the second 10-year 1997 8-hour ozone
maintenance plan, and on January 23, 2020, TDEC submitted the Knoxville
Area LMP to EPA as a revision to the Tennessee SIP.
III. Tennessee's SIP Submittal
As mentioned above, on January 23, 2020, TDEC submitted the
Knoxville Area 1997 8-Hour Ozone NAAQS LMP to EPA as a revision to the
Tennessee SIP. The submittal includes the LMP, air quality data,
emissions inventory information, and appendices as well as
certification of adoption of the plan by TDEC. Appendices to the plan
include comments and responses between EPA and TDEC; documentation of
notice, hearing, and public participation prior to adoption of the plan
by TDEC on January 8, 2020; interagency consultation; and Air Pollution
Control Board order, which notes that Tennessee's LMP submittal for the
remainder of the 20-year maintenance period for the Knoxville Area is
in response to the D.C. Circuit's decision overturning aspects of EPA's
Implementation Plan rule. The Knoxville Area LMP does not include any
additional emissions reduction measures but relies on the same
emissions reduction strategy as its first 10-year Maintenance Plan that
provides for the maintenance of the 1997 8-hour ozone NAAQS through
2024. Specifically, the measures upon which the second 10-year LMP for
the Knoxville Area relies include the continuation of the stage 1
gasoline vapor recovery rule and a statewide Motor Vehicle Tampering
rule in Chapter 1200-03-36. It also relies on continued implementation
of federal measures (e.g., interstate transport rules such as Cross
State Air Pollution Rule (CSAPR) \16\ and CSAPR Update \17\).
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\16\ See 76 FR 48208 (August 8, 2011).
\17\ See 81 FR 74504 (October 26, 2016).
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IV. EPA's Evaluation of Tennessee's SIP Submittal
EPA has reviewed the Knoxville Area's LMP which is designed to
maintain the 1997 8-hour ozone NAAQS within the Knoxville Area through
the end of the 20-year period beyond redesignation, as required under
CAA section 175A(b). The following is a summary of EPA's interpretation
of the section 175A requirements \18\ and EPA's evaluation of how each
requirement is met.
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\18\ See Calcagni memo.
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A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOC and
NO<INF>X</INF>, as these pollutants are precursors to ozone formation.
The Knoxville Area's LMP includes an ozone attainment inventory for the
Knoxville Area that reflects typical summer day emissions in 2014.
Table 1 and Table 2 present a summary of the inventory for 2014
contained in the LMP.
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\19\ See email from James Johnston, TDEC, to Lynorae Benjamin,
EPA Region 4 (December 15, 2020), available in the docket for this
proposed rulemaking.
\20\ See email from James Johnston, TDEC, to Lynorae Benjamin,
EPA Region 4 (December 15, 2020), available in the docket for this
proposed rulemaking.
Table 1--2014 Typical Summer Day 8-Hour NOX Emissions for the Knoxville Area
[Tons/summer day]
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County Fire Nonpoint Nonroad Onroad Point Total
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Anderson................................................ * 0.00 1.70 0.81 5.35 4.93 12.79
Cocke................................................... ** 0.00 0.39 0.41 3.34 0.09 * 4.23
Jefferson............................................... * 0.00 0.56 1.05 7.97 0.00 9.58
Loudon.................................................. * 0.00 0.64 0.77 5.45 2.31 9.17
Sevier.................................................. 0.09 0.23 0.90 6.05 0.16 * 7.43
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Total............................................... 0.09 3.52 3.94 * 28.16 7.49 * 43.20
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* These total emissions values for both NOX and VOC, respectively, differ from Tennessee's submittal and have been re-calculated to accurately reflect
the total for each sector and county.\19\
** The values, while greater than zero, do not meet the two significant figure rounding convention.
Table 2--2014 Typical Summer Day 8-Hour VOC Emissions for the Knoxville Area
[Tons/summer day]
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County Fire Nonpoint Nonroad Onroad Point Total
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Anderson.......................... * 0.00 6.79 1.85 3.14 0.64 12.42
Cocke............................. ** 0.00 1.67 2.44 1.47 0.31 * 5.89
Jefferson......................... * 0.00 2.80 2.90 2.57 0.26 8.53
Loudon............................ * 0.00 2.03 1.93 2.08 4.55 * 10.59
Sevier............................ 1.43 2.76 6.72 3.31 0.03 * 14.25
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Total......................... 1.43 16.05 * 15.84 * 12.57 5.79 * 51.68
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* These total emissions values for both NOX and VOC, respectively, differ from Tennessee's submittal and have
been re-calculated to accurately reflect the total for each sector and county.\20\
[[Page 31222]]
** The values, while greater than zero, do not meet the two significant figure rounding convention.
The Emissions Inventory section of the Knoxville Area's LMP
describes the methods, models, and assumptions used to develop the
attainment inventory. As described in the Emissions Inventory section
of the LMP, TDEC generally relied upon emissions inventory information
from the EPA 2014 version 7.0 air quality modeling platform (2014v7.0
platform), which is based on the 2014 NEI. The emissions data in the
2014v7.0 platform are primarily based on the 2014NEIv1 for point
sources, nonpoint sources, commercial marine vessels (CMV), onroad and
nonroad mobile sources, and fires. This 2014 modeling platform includes
all criteria air pollutants (CAPs) and precursors and two groups of
hazardous air pollutants (HAPs).
Nonroad mobile source emissions in the 2014NEIv1, in part, were
estimated using the latest available version of EPA's motor vehicle
emissions model, MOVES 2014a (which includes estimates of nonroad
emissions like agriculture, commercial and mining, industrial and
recreational equipment, and commercial and residential lawn and garden
equipment). Locomotives, aircraft, and marine nonroad sources are not
included in MOVES, and TDEC relied on EPA-generated emissions for these
sectors.\21\ Onroad mobile sources in the 2014NEIv1, were estimated
using MOVES2014a and the latest planning assumptions regarding vehicle
type, activity, and vehicle speeds to estimate vehicular emissions for
2014. MOVES2014a was used with inputs, where provided, by state and
local agencies, in combination with EPA-generated default data. In its
entirety, the 2014v7.0 platform estimates for vehicles reflect
emissions inventories and ancillary data files used for emissions
modeling, as well as the meteorological, initial condition, and
boundary condition files need to run the air quality model.
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\21\ EPA developed emissions for these sectors based on AP-42
emissions factors, and information supplied by the Eastern Regional
Technical Advisory Committee for locomotives and Federal Aviation
Administration's Emissions and Dispersion Modeling System (since
replaced by the Aviation Environmental Design Tool).
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B. Maintenance Demonstration
The maintenance demonstration requirement is considered to be
satisfied in a LMP if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the NAAQS, that past air quality trends have been shown to be
stable, and that the probability of the area experiencing a violation
over the second 10-year maintenance period is low.\22\ These criteria
are evaluated below with regard to the Knoxville Area.
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\22\ See footnote 9.
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1. Evaluation of Ozone Air Quality Levels
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the NAAQS is attained if the design value is 0.084 ppm or below. At
the time of submission, EPA evaluated quality assured and certified
2016-2018 monitoring data and determined that the design value for the
Knoxville Area was 0.067 ppm, or 80 percent of the level of the 1997 8-
hour ozone NAAQS. Based on quality assured and certified monitoring
data for 2018-2020, the current design value for the Knoxville Area is
0.063 ppm, or 75 percent of the level of the 1997 8-hour ozone NAAQS.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85 percent of the NAAQS, or in this case below
0.071 ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Such a demonstration assumes continued
applicability of prevention of significant deterioration requirements
and any control measures already in the SIP and that Federal measures
will remain in place through the end of the second 10-year maintenance
period, absent a showing consistent with section 110(l) that such
measures are not necessary to assure maintenance.
Table 3 presents the design values for each monitor in the
Knoxville Area over the 2008-2020 period. As shown in Table 3, all
sites have been below the level of the 1997 8-hour ozone NAAQS since
the area was redesignated to attainment, and the most current design
value is below the level of 85 percent of the NAAQS, consistent with
prior LMP guidance.
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\23\ In the 2017 Annual Network Plan approval letter, EPA
approved a combined design value for ozone monitors 47-105-0108 and
47-105-0109 in Loudon County due to relocation of monitor. EPA's
approval letter of the 2017 Annual Network Plan can be found in the
docket for this action.
Table 3--1997 8-Hour Ozone NAAQS Design Values (ppm) at Monitoring Sites in the Knoxville 1997 NAAQS Area for the 2008-2020 Time Period
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2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018-
Location County AQS site ID 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
DV DV DV DV DV DV DV DV DV DV DV
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Freels Bend................................. Anderson....................... 47-001-0101 0.07 0.07 0.073 0.069 (*) 0.061 0.063 0.064 0.064 0.064 0.061
Look Rock................................... Blount......................... 47-009-0101 0.077 0.077 0.079 0.074 0.067 0.065 0.067 0.067 0.067 0.065 0.063
Cades Cove.................................. Blount......................... 47-009-0102 0.069 0.068 0.068 0.063 0.060 0.059 0.060 0.061 0.062 0.060 0.058
New Market.................................. Jefferson...................... 47-089-0002 0.074 0.073 0.078 0.073 0.071 0.067 0.068 0.067 0.066 0.065 0.063
East Knox................................... Knox........................... 47-093-0021 0.071 0.069 0.071 0.067 0.063 0.061 0.064 0.064 0.065 0.063 0.061
Spring Hill................................. Knox........................... 47-093-1020 0.076 0.071 0.074 0.070 0.067 0.063 0.066 0.067 0.067 0.063 0.058
Loudon \+\.................................. Loudon......................... 47-105-0109 0.073 0.072 0.075 0.070 0.068 0.066 0.069 0.068 0.067 0.063 0.062
Cove Mountain............................... Sevier......................... 47-155-0101 0.076 0.075 0.076 0.072 0.068 0.067 0.067 0.066 0.066 0.065 0.063
Clingman's Dome [supcaret].................. Sevier......................... 47-155-0102 [supcar [supcar [supcar [supcar [supcar [supcar [supcar [supcar [supcar [supcar 0.063
et] et] et] et] et] et] et] et] et] et]
0.076 0.075 0.075 0.071 0.067 0.065 0.066 0.065 0.065 0.063
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete design value due to annual values not meeting completeness criteria.
\+\ On March 16, 2016, the EPA approved the relocation of the Loudon Pope monitoring site (AQS ID 47-105-0108) to the Loudon Elementary School monitoring site (AQS ID 47-105-0109). The ozone
monitor was relocated to the Loudon Elementary School site on March 3, 2017. The EPA approved the calculation of a combined DV for the Loudon Pope site and the Loudon Elementary School site.
Design values prior to 2017 are calculated using data from the Loudon Pope monitoring site.\23\
[supcaret] The Clingman's Dome site has limited accessibility and difficulty in using the site's solar power system during the winter months. Due to the limited access in the first two months
of the ozone season, annual design values did not meet data completeness. A waiver for a delayed ozone season starting no later than May 1 for the Clingman's Dome monitor was submitted by
the National Park Service on April 28, 2016, and approved by EPA on May 3, 2016.
[[Page 31223]]
Therefore, the Knoxville Area is eligible for the LMP option, and
EPA proposes to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NO<INF>X</INF> emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the
Knoxville Area through the second 10-year maintenance period and
beyond.
Additional supporting information that the Area is expected to
continue to maintain the NAAQS can be found in projections of future
year design values that EPA recently completed to assist states with
development of interstate transport SIPs for the 2015 ozone NAAQS.\24\
Those projections, made for the year 2023, show that the highest design
value of any monitor in the Knoxville Area is expected to be 0.058 ppm.
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\24\ See the spreadsheet titled ``Ozone Monitoring Site Design
Values for 2008 through 2017 and for 2023'' at <a href="https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs">https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs</a>.
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2. Stability of Ozone Levels
As discussed above, the Knoxville Area has maintained air quality
well below the 1997 8-hour ozone NAAQS over the past eleven years.
Additionally, the design value data shown within Table 3 illustrates
that ozone levels have been relatively stable over this timeframe, with
a modest downward trend. For example, the data within Table 3 indicates
that the largest, year over year change in design value at any one
monitor during these eleven years was five parts per billion which
occurred between the 2009-2011 design value and the 2010-2012 design
value as an increase, representing only a seven percent change, and
between the 2017-2019 design value and the 2018-2020 design value as a
decrease, representing an eight percent change. Furthermore, the
overall trend in design values for the Knoxville 1997 NAAQS Area
between 2008-2020 shows a decrease of 17 to 18 percent at the three
highest monitors, Cove Mountain monitor 47-155-0101, Clingman's Dome
monitor 47-155-0102, and Blount County monitor 47-009-0101
respectively. This downward trend in ozone levels, coupled with the
relatively small, year-over-year variation in ozone design values,
makes it reasonable to conclude that the Knoxville Area will not exceed
the 1997 8-hour ozone NAAQS during the second 10-year maintenance
period.
3. Projected Emissions
Although under the LMP option there is no requirement to project
emissions over the maintenance period, TDEC included an analysis of
ozone precursor emissions trends expected over the course of the second
maintenance plan. TDEC provided a VOC and NO<INF>X</INF> emissions
trends analysis from 2014 to 2028. Tennessee selected 2014 as a
baseline for the projection because that was the most recent year for
which a complete set of data was available from the EPA's National
Emissions Inventory (NEI) database at the time that the State developed
its second maintenance plan for the Area.\25\ Projected emissions data
for the year 2028 were obtained from EPA,\26\ and these data represent
EPA emissions projections that are available for a date furthest out
into the future.\27\ The emissions projection trends show that between
2014 and 2028, VOC emissions are estimated to fall by 40 percent, and
NO<INF>X</INF> emissions are estimated to fall by 38 percent within the
Knoxville Area. These projected declining emissions trends further
support the conclusion that it is unlikely that the Knoxville Area
would violate the 1997 8-hour ozone NAAQS in the future. Table 4 and
Table 5 present a summary of projected emissions for 2028 contained in
the maintenance plan.
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\25\ The 2017 NEI is the most recent NEI, but it was unavailable
to Tennessee when the State developed its SIP revision.
\26\ <a href="https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms">https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms</a>.
\27\ EPA's emissions projections to 2028 were made from the 2011
NEI, as that iteration of the NEI was the most recently available
version when the projection work was performed. Although this
projection does not correspond exactly with the end of the second
ten-year maintenance period, it provides additional support for
EPA's proposed finding that the Area will maintain the NAAQS due to
its low and historically stable design values. See the Emissions
Inventory section of the LMP for additional information regarding
the 2028 projections.
Table 4--2028 Typical Summer Day 8-Hour NOX Emissions for the Knoxville Area
[Tons/summer day]
----------------------------------------------------------------------------------------------------------------
County Fire Nonpoint Nonroad Onroad Point Total
----------------------------------------------------------------------------------------------------------------
Anderson.......................... ** 0.00 4.39 0.47 1.29 6.69 12.84
Cocke............................. 0.02 0.37 0.28 1.21 0.04 * 1.92
Jefferson......................... * 0.00 0.62 0.74 3.04 0.08 * 4.48
Loudon............................ * 0.00 0.84 0.49 2.26 1.60 * 5.19
Sevier............................ 0.04 0.31 0.57 1.27 0.12 * 2.31
-----------------------------------------------------------------------------
Total............................. * 0.06 6.53 2.55 9.07 8.53 * 26.74
----------------------------------------------------------------------------------------------------------------
* These total emissions values for both NOX and VOC, respectively, differ from Tennessee's submittal and have
been re-calculated to accurately reflect the total for each sector and county.\19\
** The values, while greater than zero, do not meet the two significant figure rounding convention.
Table 5--2028 Typical Summer Day 8-Hour VOC Emissions for the Knoxville Area
[Tons/summer day]
----------------------------------------------------------------------------------------------------------------
County Fire Nonpoint Nonroad Onroad Point Total
----------------------------------------------------------------------------------------------------------------
Anderson.......................... ** 0.00 5.75 1.19 0.70 0.95 * 8.59
Cocke............................. 0.22 1.33 1.45 0.41 0.35 * 3.76
Jefferson......................... * 0.00 2.23 1.37 0.76 0.16 4.52
Loudon............................ * 0.00 1.96 1.09 0.71 1.61 5.37
Sevier............................ 0.45 3.11 4.25 0.89 0.02 8.72
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[[Page 31224]]
Total............................. 0.67 14.38 * 9.35 * 3.47 * 3.09 * 30.96
----------------------------------------------------------------------------------------------------------------
* These total emissions values for both NOX and VOC, respectively, differ from Tennessee's submittal and have
been re-calculated to accurately reflect the total for each sector and county.\19\
** The values, while greater than zero, do not meet the two significant figure rounding convention.
C. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that TDEC
operates and maintains in accordance with 40 CFR part 58. This network
plan, which is submitted annually to EPA, is consistent with the
ambient air quality monitoring network assessment. The annual network
plan developed by TDEC follows a public notification and review
process. EPA has reviewed and approved the State's 2020 Ambient Air
Monitoring Network Plan (``2020 Annual Network Plan'').\28\
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\28\ The letter approving the network plan is in the docket for
this proposed rulemaking.
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To verify the attainment status of the Area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, TDEC's monitoring
network in the Knoxville 1997 NAAQS Area has been approved by EPA in
accordance with 40 CFR part 58, and the State has committed to continue
to maintain a network in accordance with EPA requirements. EPA
therefore proposes to find that TDEC's monitoring network is adequate
to verify continued attainment of the 1997 8-hour ozone NAAQS in the
Knoxville Area.
D. Contingency Plan
Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or to promptly remedy any
NAAQS violations that might occur during the maintenance period. These
contingency measures are required to be implemented expeditiously once
they are triggered by a future violation of the NAAQS or some other
trigger. The state should identify specific triggers which will be used
to determine when the contingency measures need to be implemented.
The LMP states that the trigger is a Quality Assured/Quality
Controlled (QA/QC) violating design value of the 1997 8-hour ozone
NAAQS in the Knoxville Area.\29\ If this trigger is activated, the
maintenance plan requires Tennessee to conduct a study to determine the
cause of the higher ozone value, whether from an event not likely to
recur or from an increasing trend in emissions that threatens the
continued maintenance of the NAAQS. Tennessee will adopt and implement
appropriate contingency measures tailored to the source of the
violation (or increased concentrations) as expeditiously as
practicable, but no later than 18 to 24 months after the trigger
event.\30\
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\29\ If QA/QC data indicates a violating design value for the 8-
hour ozone NAAQS, then the triggering event will be the date of the
design value violation, and not the final QA/QC date. However, if
initial monitoring data indicates a possible design value violation
but later QA/QC indicates that a NAAQS violation did not occur, then
a triggering even will not have occurred, and contingency measures
will not need to be implemented.
\30\ See the Contingency Plan section of the LMP for further
information regarding the contingency plan, including measures that
Tennessee will consider for adoption if the trigger is activated.
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EPA proposes to find that the contingency provisions in Tennessee's
second maintenance plan for the 1997 8-hour ozone NAAQS meet the
requirements of the CAA section 175A(d).
E. Conclusion
EPA proposes to find that the Knoxville Area LMP for the 1997 8-
hour ozone NAAQS includes an approvable update of the various elements
(including attainment inventory, assurance of adequate monitoring and
verification of continued attainment, and contingency provisions) of
the initial EPA-approved Maintenance Plan for the 1997 8-hour ozone
NAAQS. EPA also proposes to find that the Knoxville Area, qualifies for
the LMP option, and adequately demonstrates maintenance of the 1997 8-
hour ozone NAAQS through the documentation of monitoring data showing
maximum 1997 8-hour ozone levels below the NAAQS and historically
stable design values. EPA believes the Knoxville Area's LMP, which
retains all existing control measures in the SIP, is sufficient to
provide for maintenance of the 1997 8-hour ozone NAAQS in the Knoxville
Area over the second maintenance period (i.e., through 2031) and
thereby satisfies the requirements for such a plan under CAA section
175A(b). EPA is therefore proposing to approve Tennessee's January 23,
2020, submission of the Knoxville Area's LMP as a revision to the
Tennessee SIP.
V. Transportation Conformity and General Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B).
EPA's transportation conformity rule at 40 CFR part 93 subpart A
requires that transportation plans, programs, and projects conform to
SIPs and establishes the criteria and procedures for determining
whether they conform. The conformity rule generally requires a
demonstration that emissions from the Regional Transportation Plan
(RTP) and the Transportation Improvement Program (TIP) are consistent
with the motor vehicles emissions budget (MVEB) contained in the
control strategy SIP revision or maintenance plan. See 40 CFR 93.101,
93.118, and 93.124. A MVEB is defined as ``the portion of the total
allowable emissions defined in the submitted or approved control
strategy implementation plan revision or maintenance plan for a certain
date for the purpose of meeting reasonable further progress milestones
or demonstrating attainment or maintenance of the NAAQS, for any
criteria pollutant or its precursors, allocated to highway and transit
vehicle use and emissions.'' See 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emissions analysis. See 40 CFR 93.109(e). On
September 15, 2010, EPA made a finding that the MVEBs for the first 10
years of the 1997 8-hour ozone maintenance plan for the Knoxville 1997
NAAQS Area were adequate for transportation conformity purposes. In a
Federal Register notice dated September 15, 2010, EPA notified the
public of that finding. See 75 FR 55977. This adequacy determination
became
[[Page 31225]]
effective on September 30, 2010. After approval of this LMP or an
adequacy finding for this LMP, there is no requirement to meet the
budget test pursuant to the transportation conformity rule for the
maintenance area. All actions that would require a transportation
conformity determination for the Knoxville 1997 NAAQS Area under EPA's
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for
this LMP. See 69 FR 40004 (July 1, 2004). The Knoxville 2008 NAAQS Area
needs to continue to meet all of the applicable requirements of the
transportation conformity regulations, including the need for a
regional emissions analysis and comparison of the results of the
regional emissions analysis to the applicable MVEB for the 2008 8-hour
ozone NAAQS.
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs, and projects.
Specifically, for such determinations, RTPs, TIPs, and transportation
projects still will have to demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet the criteria for consultation (40
CFR 93.105) and Transportation Control Measure implementation in the
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot
requirements for projects (40 CFR 93.116).\31\ Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR 93.115. The Knoxville 2008 NAAQS
Area must continue to meet all of the applicable requirements of the
general conformity regulations.
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\31\ A conformity determination that meets other applicable
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is
still required, including the hot-spot requirements for projects in
CO, PM<INF>10</INF>, and fine particulate matter (PM<INF>2.5</INF>)
areas.
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VI. Proposed Action
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the Knoxville Area's LMP for
the 1997 8-hour ozone NAAQS, submitted by TDEC on January 23, 2020, as
a revision to the Tennessee SIP. EPA is proposing to approve the
Knoxville Area LMP because it includes an acceptable update of the
various elements of the 1997 8-hour ozone NAAQS Maintenance Plan
approved by EPA for the first 10-year period (including emissions
inventory, assurance of adequate monitoring and verification of
continued attainment, and contingency provisions), and retains the
relevant provisions of the SIP.
EPA also finds that the Knoxville Area qualifies for the LMP option
and that therefore the Knoxville Area's LMP adequately demonstrates
maintenance of the 1997 8-hour ozone NAAQS through documentation of
monitoring data showing maximum 1997 8-hour ozone levels well below the
NAAQS and continuation of existing control measures. EPA believes the
Knoxville Area's 1997 8-Hour Ozone LMP to be sufficient to provide for
maintenance of the 1997 8-hour ozone NAAQS in the Knoxville Area over
the second 10-year maintenance period, through 2031, and thereby
satisfy the requirements for such a plan under CAA section 175A(b).
VII. 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. 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. This proposed action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this proposed action:
<bullet> Is not a significant regulatory action 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 4, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-12164 Filed 6-10-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 11, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.