Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions

 
CONTENT
Federal Register, Volume 84 Issue 237 (Tuesday, December 10, 2019)
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Rules and Regulations]
[Pages 67378-67380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26465]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0171; FRL-10002-97-Region 4]
Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving several
Tennessee State Implementation Plan (SIP) revisions submitted by the
Tennessee Department of Environment and Conservation (TDEC), on behalf
of Knox County's Air Quality Management Division by a letter dated May
24, 2018. The submissions revise four sections of Knox County's Air
Quality Management Regulations covering definitions, opening burning,
permits and emissions reporting requirements. These actions are being
approved pursuant to the Clean Air Act (CAA or Act).
DATES: This rule will be effective January 9, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0171. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not 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, Air Planning and
Implementation Branch, Air and Radiation 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: Sean Lakeman, 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) 562-9043. Mr. Lakeman can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
    In a letter dated May 24, 2018, TDEC submitted SIP revisions to EPA
for approval into the Knox County portion of the Tennessee SIP.\1\
Specifically, the May 24, 2018, SIP revisions include changes to the
following Knox County SIP-approved regulations: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and Reporting.'' These revisions
are intended, in part, to conform Knox County's regulations with the
State of Tennessee's SIP-approved regulations.
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    \1\ EPA notes that the Agency received the SIP revision on May
29, 2018.
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    See EPA's notice of proposed rulemaking (NPRM) published on October
22, 2019 (84 FR 56407) for further detail on the changes made in the
July 2, 2018, submission. Comments were due on November 21, 2019, and
EPA received no adverse comments on the NPRM. EPA is approving the
changes to four sections of Knox County's rules: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and Reporting'' because these
changes are consistent with the CAA.
II. Incorporation by Reference
    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Knox County's
Air Quality Management Regulations, Section 13.0--``Definitions,''
state effective January 24, 2018; Section 16.2--``Definitions,'' state
effective January 24, 2018; Section 25.11--``Limiting a Source's
Potential to Emit of VOC by Recordkeeping,'' state effective October
18, 2017; and Section 26.7--``Emission Inventory Requirements,'' state
effective October 18, 2017. These revisions are intended, in part, to
conform Knox County's regulations with the State of Tennessee's SIP-
approved regulations. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
    EPA is approving the aforementioned changes to the Knox County
portion of the Tennessee SIP submitted on May 24, 2018, that make
revisions to Knox County's Air Quality Management Regulations, Section
13.0--``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and
[[Page 67379]]
Reporting.'' EPA views these changes as being consistent with the CAA.
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 that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and would not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     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 an economically significant regulatory action
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 February 10, 2020. 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 in 40 CFR Part 52
    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
    Dated: November 25, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
    Authority:  42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2220(c), Table 3, is amended by:
0
a. Revising the entries for ``13.0'' and ``16.0.''
0
b. Adding an entry for ``16.2'' in numerical order; and
0
c. Under the heading ``Section 25.0--Permits'':
0
i. Removing the entry for ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10;
25.11'' and adding the entry ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10'' in
its place;
0
ii. Adding an entry for ``25.11'' in numerical order;
0
iii. Revising the entry for ``26.0''; and
0
iv. Adding an entry for ``26.7'' in numerical order.
    The revisions and additions read as follows:
Sec.  52.2220  Identification of plan.
* * * * *
    (c) * * *
                                 Table 3--EPA-Approved Knox County, Regulations
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                                                             State
          State section               Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
13.0.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].

                                                  * * * * * * *
16.0.............................  Open Burning.......      12/14/2005  1/3/07, 72 FR 20...  With the exception
                                                                                              of 16.2--
                                                                                              Definitions.
16.2.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].
[[Page 67380]]


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                                              Section 25.0--Permits
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                                                  * * * * * * *
25.2; 25.4; 25.5; 25.6; 25.7;      Application for           3/12/2014  4/22/2016, 81 FR
 25.10.                             Permit; Compliance                   23640.
                                    Schedule;
                                    Reporting of
                                    Information;
                                    Exemptions;
                                    Payment of Fees;
                                    Permit by Rule.
25.11............................  Limiting a Source's      10/18/2017  12/10/2019; [Insert
                                    Potential to Emit                    citation of
                                    of VOC by                            publication].
                                    Recordkeeping.
26.0.............................  Monitoring,               1/21/2015  11/5/2015, 80 FR     With the exception
                                    Recording, and                       68450.               of 26.7--Emission
                                    Reporting.                                                Inventory
                                                                                              Requirements.
26.7.............................  Emission Inventory       10/18/2017  12/10/2019; [Insert
                                    Requirements.                        citation of
                                                                         publication].

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[FR Doc. 2019-26465 Filed 12-9-19; 8:45 am]
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