Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions

Published date10 December 2019
Citation84 FR 67378
Record Number2019-26465
SectionRules and Regulations
CourtEnvironmental Protection Agency
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]
                BILLING CODE 6560-50-P
                

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