Air Plan Approval; TN; Removal of the Vehicle I/M Program, Hamilton County, TN |
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Mary Walker
Environmental Protection Agency
8 June 2020
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 34677-34681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12136]
[[Page 34677]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0619; FRL-10010-22-Region 4]
Air Plan Approval; TN; Removal of the Vehicle I/M Program,
Hamilton County, TN
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), through a letter dated February 26, 2020.
Specifically, EPA is proposing to approve the removal of Tennessee's
inspection and maintenance (I/M) program requirements for Hamilton
County from the federally approved SIP. EPA is proposing to approve the
removal of the I/M program requirements for Hamilton County from the
federally approved SIP because removing the requirements is consistent
with the Clean Air Act (CAA or Act) and applicable regulations.
DATES: Comments must be received on or before July 8, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0619 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 http://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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) 562-9222. Ms. Sheckler can also be reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997 (62 FR 38856), EPA promulgated a revised 8-hour
ozone standard of 0.08 parts per million (ppm). In December 2002,
Hamilton and Meigs counties in Tennessee and Catoosa county in Georgia
(also known as the Chattanooga Ozone Area) entered into EPA's Early
Action Compact (EAC) program.\1\ See 70 FR 50199 (August 26, 2005). As
part of the EAC as a control strategy to meet the 1997 8-hour ozone
national ambient air quality standard (NAAQS or standard), Tennessee
added Hamilton County to the State's I/M rules at Chapter 29 of the
Tennessee Air Pollution Control Regulations (TAPCR 1200-03-29) to
require all light-duty motor vehicles registered in Hamilton County to
be inspected annually for compliance with emissions performance and
anti-tampering test criteria.\2\ See id. The I/M program in Hamilton
County began in April 2005. The Chattanooga Ozone Area met the EAC
requirements by December 31, 2007, demonstrating attainment of the 1997
8-hour ozone NAAQS. As a result of meeting the EAC agreement, on April
2, 2008, EPA designated the Chattanooga Ozone Area as attainment for
the 1997 8-hour ozone NAAQS. See 73 FR 17897. The ozone NAAQS was
revised in 2008 to a value of 0.075 ppm and again in 2015 to 0.070 ppm.
See 73 FR 16483 (March 27, 2008) and 80 FR 65292 (October 26, 2015).
Hamilton County was designated as unclassifiable/attainment and
attainment/unclassifiable for the 2008 and 2015 ozone NAAQS,
respectively. See 40 CFR 81.343. Hamilton County is currently in
attainment with all ozone NAAQS. See id.
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\1\ In December 2002, several states submitted early action
compact agreements pledging to meet the 1997 8-hour ozone standard
earlier than required. The states had to meet certain criteria and
milestones. The most significant milestone was that the EAC areas
had to attain the 1997 8-hour ozone standard by December 31, 2007.
\2\ The I/M program in Hamilton County was not required by the
CAA because the Act only requires I/M programs in ozone
nonattainment areas classified as moderate, serious, severe, or
extreme.
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On July 18, 1997, EPA set the 24-hour fine particulate matter
(PM2.5) NAAQS at 65 micrograms per cubic meter ([micro]g/
m\3\) and the annual PM2.5 NAAQS at 15 [micro]g/m\3\. See 62
FR 38652 (July 18, 1997). On January 5, 2005, EPA designated Hamilton
County in Tennessee, Catoosa and Walker counties in Georgia, and a
portion of Jackson County in Alabama (also known as the Chattanooga
PM2.5 Area) as nonattainment for the 1997 annual
PM2.5 NAAQS. See 70 FR 944 (January 5, 2005). On October 15,
2009, Tennessee submitted a PM2.5 attainment SIP and
identified the I/M program, which had already been implemented to
comply with the ozone NAAQS, as a control measure for the on-road
mobile sector. See 80 FR 56418 (September 18, 2015) and 80 FR 68253
(November 4, 2015). It was determined that no additional emission
reductions were necessary for on-road mobile sources beyond the fully
implemented (existing) I/M program because the Chattanooga
PM2.5 Area was modeled to attain the NAAQS with the current
regulatory scheme in 2009. See id. On November 4, 2015, Hamilton County
was redesignated to attainment for the 1997 annual PM2.5
NAAQS. See 80 FR 68253. On August 24, 2016, EPA took final action to
revoke the 1997 PM2.5 NAAQS for areas designated attainment
or in maintenance for the standard. See 81 FR 58010.
On May 15, 2018, a Tennessee law which states that ``no inspection
and maintenance program shall be employed in this state on or after the
effective date of this act'' was signed. See Tenn. Code Ann. Sec. 68-
201-119. The Tennessee law states that it ``shall take effect [120]
calendar days following the date on which the [EPA] approves a revised
state implementation plan. . . .'' See Motor Vehicles--Inspection and
Inspectors--Air Pollution, 2018 Tennessee Laws Pub. Ch. 953 (H.B.
1782). Accordingly, Tennessee submitted the February 26, 2020, SIP
revision requesting that EPA remove the requirements to implement an I/
M program for Hamilton County. A description of the SIP revision and
EPA's analysis is provided in Section II below.
II. What is EPA's analysis of Tennessee's submittal?
Through a letter dated February 26, 2020,\3\ Tennessee requested
that TAPCR 1200-03-29 be removed from the Tennessee SIP. In addition,
Tennessee requested that EPA remove the requirement for Hamilton County
to implement an I/M program as part of the EAC that was approved by EPA
into the non-regulatory portion of the Tennessee SIP on August 26,
2005. See 70 FR
[[Page 34678]]
50199. Tennessee also provided a noninterference demonstration to
support the removal of the requirements for the I/M program in Hamilton
County.
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\3\ EPA received Tennessee's SIP revision on February 27, 2020.
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As discussed in Section I above, Hamilton County implemented the I/
M program requirements as a control strategy in the EAC to meet the
1997 8-hour ozone NAAQS. Currently, Hamilton County is designated
attainment, unclassifiable/attainment, or attainment/unclassifiable for
all ozone and PM2.5 NAAQS. See 40 CFR 81.343.
EPA is proposing to approve the removal of the I/M requirements for
Hamilton County from the Tennessee SIP, including Chapter 29 of the
Tennessee Air Pollution Control Regulations (TAPCR 1200-03-29).\4\ EPA
is also proposing to find that the removal of the I/M program
requirements for Hamilton County is consistent with CAA section 110(l).
Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirements concerning attainment,
reasonable further progress (as defined in section 171), or any other
applicable requirements of the CAA. EPA evaluates section 110(l) non-
interference demonstrations on a case-by-case basis considering the
circumstances of each SIP revision. EPA interprets section 110(l) as
applying to all NAAQS that are in effect. For I/M SIP revisions, the
most relevant pollutants to consider are ozone precursors (i.e.,
nitrogen oxides (NOX) and volatile organic compounds
(VOCs)).
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\4\ EPA cannot propose to remove TAPCR 1200-03-29 from the SIP
in its entirety at this time because this regulation also applies to
Rutherford, Sumner, Williamson, and Wilson Counties. Therefore, EPA
is proposing to remove Hamilton County from TAPCR 1200-03-29.
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As mentioned above, Tennessee's February 26, 2020, SIP revision
included a non-interference demonstration to support the State's
request to remove the SIP-approved I/M program requirements for
Hamilton County. Tennessee's non-interference demonstration evaluates
the impact that the removal of the I/M program for Hamilton County
would have on the ability to attain and maintain any of the NAAQS.
Based on the analysis below, EPA is proposing to find that removal of
the I/M program requirements for Hamilton County meets the requirements
of CAA section 110(l) because it would not interfere with attainment or
maintenance of any NAAQS or any other requirement of the CAA.\5\ \6\
\7\
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\5\ The initial designations for the PM10 NAAQS were
completed on March 15, 1991. See 56 FR 11101. The entire state of
Tennessee was designated as attainment for PM10 and has
been attainment for every PM10 standard thereafter. The
pollution control systems for light-duty gasoline vehicles subject
to the I/M program are not designed to reduce emissions of
PM10; therefore, removing the I/M program requirements
will not have any impact on ambient concentrations of
PM10. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not
interfere with continued attainment or maintenance of the
PM10 NAAQS.
\6\ On June 22, 2010, EPA revised the 1-hour SO2
NAAQS to 75 ppb which became effective on August 23, 2010. See 75 FR
35520. On January 9, 2018, EPA designated most of the state of
Tennessee, including Hamilton County, as attainment/unclassifiable
for the 2010 SO2 NAAQS. See 83 FR 1098. EPA has
designated Sullivan County, Tennessee nonattainment and Sumner
County as unclassifiable for the 2010 1-hour SO2 NAAQS.
See 78 FR 47191 (August 5, 2013), and 81 FR 45039 (July 12, 2016).
The pollution control systems for light-duty gasoline vehicles
subject to the I/M program are not designed to reduce emissions for
SO2; therefore, removing the I/M program requirements
will not have any impact on ambient concentrations of
SO2. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not
interfere with continued attainment or maintenance of the
SO2 NAAQS.
\7\ On November 12, 2008, EPA promulgated a revised lead NAAQS
of 0.15 [micro]g/m\3\. See 73 FR 66964. On November 22, 2011, EPA
designated a majority of the State of Tennessee, including Hamilton
County as unclassifiable/attainment for the 2008 lead NAAQS. The
Bristol Area in Sullivan County was designated as nonattainment; and
the Knox County Area was later designated as unclassifiable. See 76
FR 72907; see also 75 FR 71033 (November 22, 2011). Subsequently,
the Bristol Area was redesignated to attainment. See 81 FR 44210
(July 7, 2016). Effective January 1, 1996, EPA banned the sale of
leaded fuel for use in on-road vehicles. The pollution control
systems for light-duty gasoline vehicles subject to the I/M program
are not designed to reduce emissions for lead; therefore, removal of
the I/M program requirements would not cause an increase in
emissions of lead. EPA proposes to find that removal of the SIP-
approved I/M program requirements for Hamilton County would not
interfere with continued attainment or maintenance of the lead
NAAQS.
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Non-Interference Analysis for the Ozone NAAQS
As discussed in Section I above, on July 18, 1997 (62 FR 38856),
EPA promulgated a revised 8-hour ozone standard of 0.08 ppm.
Subsequently, on March 12, 2008, EPA revised both the primary and
secondary NAAQS for ozone to a level of 0.075 ppm to provide increased
protection of public health and the environment. See 73 FR 16436 (March
27, 2008). The 2008 ozone NAAQS retain the same general form and
averaging time as the 0.08 ppm NAAQS set in 1997 but are set at a more
protective level. Under EPA's regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS are attained when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. On
October 26, 2015 (80 FR 65292), EPA published a final rule lowering the
level of the 8-hour ozone NAAQS to 0.070 ppm or 70 parts per billion
(ppb) and retaining the same form.
Hamilton County is currently designated as attainment,
unclassifiable/attainment, or attainment/unclassifiable for all ozone
NAAQS.\8\ See 40 CFR 81.343. Ambient air quality monitoring for ozone
is being conducted at two locations in the Chattanooga, TN-GA
metropolitan statistical area (MSA).\9\ In the SIP submittal, the State
provides recent 8-hour ozone design values in ppb (see Table 1). The
values in Table 1 below indicate attainment of the 2015 8-hour NAAQS of
70 ppb.
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\8\ Visit https://gispub.epa.gov/air/trendsreport/2019/#home or
https://www.epa.gov/outdoor-air-quality-data for air quality data
including current status and trends for all NAAQS.
\9\ The Chattanooga TN-GA MSA is comprised of Hamilton, Marion,
and Sequatchie counties in Tennessee and Catoosa, Dade, and Walker
counties in Georgia.
Table 1--Hamilton County Monitor Design Values
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Ozone design value, ppb
Site name -------------------------------------------------------------------------------
2013-2015 2014-2016 2015-2017 2016-2018 2017-2019
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Eastside Utility................ 66 68 67 66 64
Soddy Daisy..................... 64 65 65 64 64
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Tennessee's noninterference analysis includes modeling to calculate
ozone precursor emissions, as well as a sensitivity analysis to
demonstrate the impact of emissions increases on monitored ozone
values. Tennessee's non-interference demonstration utilized EPA's
MOVES2014 emission modeling system to estimate ozone precursor
[[Page 34679]]
emissions for mobile sources, both on-road and non-road. Tennessee
chose 2022 as the future year for the State's non-interference
demonstration because it is the year that Hamilton County anticipates
that it will cease implementation of the I/M program due to the CAA's
SIP processing timeframe and the language of Tenn. Code Ann. Sec. 68-
201-119. The point source emissions for Hamilton County were obtained
from the 2014 version 2 National Emissions Inventory (NEI) and grown to
the year 2022 using the appropriate EPA growth factors or using
engineering judgment based on potential growth in demand. For non-point
sources, the inventory was developed using EPA established
methodologies published by EPA,\10\ as detailed in Appendix G of the
February 26, 2020, SIP revision. Tennessee calculated projected
emissions in the year 2022 by adding all four sectors (on-road, point,
non-road, and non-point) together.
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\10\ See 2017 NEI Final Plan: Revised July 2018, available at
https://www.epa.gov/sites/production/files/2018-07/documents/2017_nei_plan_final_revised_jul2018.pdf.
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Table 2 shows the total projected emissions in 2022 with the I/M
program in Hamilton County. Table 3 shows the total projected emissions
in 2022 without the I/M program in Hamilton County.\11\ By 2022, the
emissions benefits resulting from Tennessee's I/M program for Hamilton
County are predicted to be a 99.7 tons per year (tpy) reduction of
NOX and a 146.23 tpy reduction of VOCs. See Table 4. On a
percentage basis, removal of the I/M program in Hamilton County is
expected to result in a 1.1 percent increase in total NOX
emissions and a 1.5 percent increase in on-road VOCs.
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\11\ Since the I/M program only impacts emissions in the on-road
sector, the projected emissions in other sectors (point, non-road
and non-point) are the same between the ``with the I/M program'' and
the ``without the I/M program'' scenarios.
Table 2--Hamilton County Area
[Total 2022 projected emissions of NOX and VOC (in tpy) with the I/M
program]
------------------------------------------------------------------------
Sector NOX VOC
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On-road................................. 4,613 2,127
Point................................... 1,314 825
Non-road................................ 2,220 935
Non-Point............................... 1,220 5,744
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Total............................... 9,367 9,632
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Table 3--Hamilton County Area
[Total 2022 projected emissions of NOX and VOC (in tpy) without the I/M
program]
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Sector NOX VOC
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On-road................................. 4,712 2,273
Point................................... 1,314 825
Non-road................................ 2,220 935
Non-Point............................... 1,220 5,744
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Total............................... 9,467 9,778
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Table 4--Summary of NOX and VOC Emissions Increases Associated With
Removing the Hamilton County From the I/M Program
------------------------------------------------------------------------
NOX Emissions
in 2022 VOC Emissions
in 2022
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Total On-Road Emissions for Hamilton 4,613 2,127
County in Current I/M Program (tpy)....
Total On-Road Emissions after Removing 4,712 2,273
Hamilton County from I/M Program (tpy).
Total Emissions for Hamilton County in 9,367 9,632
Current I/M Program (all sectors) (tpy)
Total Emissions after Removing Hamilton 9,467 9,778
County from I/M Program (all sectors)
(tpy)..................................
Emissions Increases (tpy)............... 99.7 146.2
Emissions Increases (% of On-Road 2.2% 6.9%
Emissions for Hamilton County).........
Emissions Increases (% of Total 1.1% 1.5%
Emissions for Hamilton County, all
sectors)...............................
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To further quantify the potential impact of removal of the I/M
program, Tennessee completed a photochemical modeling sensitivity
analysis. As shown in Table 5, the sensitivity analysis indicates that
the largest increase in ozone concentration would be at the Eastside
Utility monitor at 0.209 ppb.
[[Page 34680]]
Table 5--Results of Sensitivity Analysis, Predicted Increases of Ozone
Concentrations at Monitors in the Chattanooga Ozone Area
------------------------------------------------------------------------
Predicted
ozone increase
2016-2018 due to
Site name ozone design combined NOX
value (ppb) and VOC
increases
------------------------------------------------------------------------
Eastside Utility........................ 66 0.209
Soddy Daisy............................. 64 0.148
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EPA has evaluated the State's analysis and preliminarily agrees
with its findings and conclusions. EPA therefore proposes to find that
removal of the SIP-approved I/M program requirements for Hamilton
County would not interfere with any applicable requirement concerning
attainment or maintenance of the ozone NAAQS.
Non-Interference Analysis for the PM2.5 NAAQS
On July 16, 1997, EPA established an annual PM2.5 NAAQS
of 15.0 [mu]g/m\3\, based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. See 62 FR 38652 (July 18, 1997). On August 24,
2016, EPA took final action to revoke the 1997 PM2.5 NAAQS
for areas designated attainment or in maintenance. See 81 FR 58010.
On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour
PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year
average of the 98th percentile of 24-hour concentrations. See 71 FR
61144 (October 17, 2006). On December 14, 2012, EPA retained the 2006
24-hour PM2.5 NAAQS of 35 [mu]g/m\3\ but revised the annual
primary PM2.5 NAAQS to 12.0 [mu]g/m\3\, based again on a 3-
year average of annual mean PM2.5 concentrations. See 78 FR
3086 (January 15, 2013).
As discussed in Section I above, EPA published designations for the
1997 annual PM2.5 NAAQS on January 5, 2005 (70 FR 944), and
April 14, 2005 (70 FR 19844). On January 5, 2005, EPA designated the
Chattanooga PM2.5 Area nonattainment for the 1997 annual
PM2.5 NAAQS. See 70 FR 944. On November 4, 2015, Hamilton
County was redesignated to attainment for the 1997 annual
PM2.5 NAAQS, and EPA approved a maintenance plan and
reasonably available control measure demonstration for the Chattanooga
PM2.5 Area. See 80 FR 68253. The Chattanooga
PM2.5 Area has continued to attain the 1997 annual
PM2.5 NAAQS. On November 13, 2009, and on January 15, 2015,
EPA published notices determining that the Hamilton County was
designated unclassifiable/attainment for the 2006 24-hour
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS,
respectively. See 74 FR 58688 and 80 FR 2206, respectively.
In Tennessee's February 26, 2020, SIP revision, the State concluded
that the removal of Hamilton County from Tennessee's SIP-approved I/M
program would not interfere with attainment or maintenance of the
PM2.5 NAAQS for the reasons outlined below. First,
photochemical modeling using source apportionment analysis, performed
in connection with the November 13, 2014, redesignation request and
associated maintenance plan for the Chattanooga PM2.5 Area
(also known as the Chattanooga PM2.5 Redesignation Request
and Maintenance Plan) showed that the greatest contribution to ambient
PM2.5 concentrations in the Chattanooga PM2.5
Area is from secondary sulfates, which are formed from atmospheric
reactions with sulfur dioxide (SO2), and that a very small
portion of the total PM2.5 in the atmosphere is formed from
NOX and VOCs.\12\ Second, when the 2022 projected
NOX emissions in the I/M removal request are compared to the
emissions inventory for 2022 within the Chattanooga PM2.5
Redesignation Request and Maintenance Plan, the projections in the I/M
removal request are 2,850 tons less. Third, the Chattanooga
PM2.5 Redesignation Request and Maintenance Plan did not
rely on the I/M program as a permanent and federally-enforceable
measure to maintain compliance with the PM2.5 NAAQS, and the
approved maintenance plan demonstrates maintenance through 2025 without
the I/M program (i.e., projected on-road mobile emissions were modeled
without the I/M program). Furthermore, the pollution control systems
for light-duty gasoline vehicles subject to the I/M program are not
designed to reduce emissions of direct PM2.5 and sulfate
(i.e., the primary precursor for PM2.5 formation in the
Southeast); therefore, removing counties from the program will not have
any impact on ambient concentrations of PM2.5 NAAQS.
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\12\ See document EPA-R04-OAR-2014-0904-0002 at regulations.gov.
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In addition, Tennessee provided information regarding the monitored
values of PM2.5 in the Chattanooga PM2.5 Area.
Ambient air monitoring shows that the 2019 design value for the 24-hour
PM2.5 NAAQS for the Chattanooga PM2.5 Area is 19
[micro]g/m\3\, which is below the 24-hour NAAQS of 35 [micro]g/m\3\.
The 2019 design value for the 2012 annual PM2.5 NAAQS for
the Chattanooga PM2.5 Area is 8.8 [micro]g/m\3\, which is
below the 2012 annual NAAQS of 12.0 [micro]g/m\3\.\13\ The small
increases in NOX emissions of 1.1 percent and VOC emissions
of 1.5 percent that are anticipated to result in 2022 from the removal
of the I/M program in Hamilton County is expected to only cause a small
increase (if any) in the PM2.5 design value for the
Chattanooga PM2.5 Area.
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\13\ The design value for the Chattanooga PM2.5 Area
is at monitor 132950002 in Walker County, Georgia.
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EPA has evaluated the State's analysis and preliminarily agrees
with its findings and conclusions. Therefore, EPA proposes to find that
removal of the SIP-approved I/M program requirements for Hamilton
County would not interfere with continued attainment or maintenance of
the PM2.5 NAAQS.
Non-Interference Analysis for the 2010 Nitrogen Dioxide (NO2) NAAQS
14
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\14\ The annual standard of 53 ppb is based on the annual mean
concentration. See 36 FR 8186 (April 30, 1971).
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The 2010 1-hour NO2 standard is set at 100 ppb, based on
the 3-year average of the 98th percentile of the yearly distribution of
1-hour daily maximum concentrations. See 75 FR 6474 (February 9, 2010).
On February 17, 2012, EPA designated all counties in Tennessee as
unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 FR
9532.
Based on the technical analysis in Tennessee's February 26, 2020,
SIP revision, the projected increase in total NOX emissions
(of which NO2 is a component) in 2022 associated with the
[[Page 34681]]
removal of Hamilton County from the I/M program is 1.1 percent. All
NO2 monitors in the State are measuring below the annual
NO2 standard, and all near road monitors are measuring well
below the 1-hour NO2 standard. There are no NO2
monitors in the Chattanooga PM2.5 Area.
EPA has evaluated the State's analysis and preliminarily agrees
with its findings and conclusions. Therefore, EPA proposes to find that
removal of the SIP-approved I/M program requirements for Hamilton
County would not interfere with continued attainment or maintenance of
the NO2 NAAQS.
Non-Interference Analysis for the Carbon Monoxide (CO) NAAQS
EPA promulgated the CO NAAQS in 1971 and has retained the standards
since its last review of the standards in 2011. The primary NAAQS for
CO consist of: (1) An 8-hour standard of 9 ppm, not to be exceeded more
than once in a year (i.e., the second highest, non-overlapping 8-hour
average concentration cannot exceed the standard); and (2) a 1-hour
average of 35 ppm, not to be exceeded more than once in a year.
Hamilton County has always been designated as unclassifiable/attainment
for the CO NAAQS.
In Tennessee's February 26, 2020, SIP revision, the State concluded
that the removal of Hamilton County from the SIP-approved I/M program
would not interfere with attainment or maintenance of the CO NAAQS.
MOVES2014 mobile emissions modeling results show an increase in CO
emissions of 6.9 percent in Hamilton County in 2022 as a result of
removing the I/M program for Hamilton County. This increase is not
expected to interfere with continued attainment of the CO NAAQS in
Hamilton County. Design values for Tennessee for the 1-hour and 8-hour
CO NAAQS in 2019 were 1.6 and 1.8, respectively, which are less than 20
percent of the CO NAAQS for both the 1-hour and 8-hour standards.
EPA has evaluated the State's analysis and preliminarily agrees
with its findings and conclusions. For these reasons, EPA proposes to
find that removal of the SIP-approved I/M program requirements for
Hamilton County would not interfere with continued attainment or
maintenance of the CO NAAQS.
III. Proposed Action
EPA is proposing to approve the removal of the I/M requirements for
Hamilton County from the Tennessee SIP. EPA is proposing to approve the
removal of the I/M program requirements for Hamilton County from the
federally approved SIP because removing the requirements is consistent
with the CAA and applicable regulations.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12136 Filed 6-5-20; 8:45 am]
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