Approval and Promulgation of Implementation Plans; Tennessee; Conflict of Interest, 18453-18456 [2014-07240]
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Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations
environmental justice-related issues as
required by Executive Order 12898,
Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
The Congressional Review Act (CRA),
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
generally provides that before a rule
may take effect, the agency
determination 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. Section 808 allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and public procedure is
impracticable, unnecessary, or contrary
to the public interest. This
determination must be supported by a
brief statement, 5 U.S.C. 808(2). As
stated previously, the EPA has made
such a good cause finding, including the
reasons, and therefore established an
effective date of April 2, 2014. The EPA
will submit a report containing this final
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 this action in the Federal
Register. This action is not a ‘‘major’’
rule as defined by 5 U.S.C. 804(2). This
action will be effective April 2, 2014.
This technical amendment does not
have substantial direct effects on the
states, or on the relationship between
the national government and the states,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, Federalism (64
FR 43255, August 10, 1999).
This technical amendment is not
subject to Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) because this action is not a
significant regulatory action under
Executive Order 12866.
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List of Subjects in 40 CFR Parts 51
Air pollution control, Environmental
protection, Performance specifications,
and Test methods and procedures.
Dated: March 24, 2014.
Janet G. McCabe,
Acting Assistant Administrator.
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of Federal Regulations is amended as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
40 CFR Part 52
1. The authority citation for part 51
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. Amend appendix M to part 51
under 11.0 Analytical Procedures by
revising paragraph 11.2.1 and adding
paragraphs 11.2.1.1 and 11.2.1.2 to read
as follows:
■
Appendix M to Part 51—Recommended
Test Methods for State Implementation
Plans
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11.2.1 Container #3, CPM Filter Sample.
If the sample was collected by Method 17 or
Method 201A with a stack temperature below
30 °C (85 °F), transfer the filter and any loose
PM from the sample container to a tared glass
weighing dish. (See Section 3.0 for a
definition of constant weight.) Desiccate the
sample for 24 hours in a desiccator
containing anhydrous calcium sulfate. Weigh
to a constant weight and report the results to
the nearest 0.1 mg. [Note: In-stack filter
samples collected at 30 °C (85 °F) may
include both filterable insoluble particulate
and condensable particulate. The nozzle and
front half wash and filter collected at or
below 30 °C (85 °F) may not be heated and
must be maintained at or below 30 °C
(85 °F).] If the sample was collected by
Method 202, extract the CPM filter as
follows:
11.2.1.1 Extract the water soluble
(aqueous or inorganic) CPM from the CPM
filter by folding the filter in quarters and
placing it into a 50-ml extraction tube. Add
sufficient deionized, ultra-filtered water to
cover the filter (e.g., 10 ml of water). Place
the extractor tube into a sonication bath and
extract the water-soluble material for a
minimum of two minutes. Combine the
aqueous extract with the contents of
Container #1. Repeat this extraction step
twice for a total of three extractions.
11.2.1.2 Extract the organic soluble CPM
from the CPM filter by adding sufficient
hexane to cover the filter (e.g., 10 ml of
hexane). Place the extractor tube into a
sonication bath and extract the organic
soluble material for a minimum of two
minutes. Combine the organic extract with
the contents of Container #2. Repeat this
extraction step twice for a total of three
extractions.
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[FR Doc. 2014–07238 Filed 4–1–14; 8:45 am]
For the reasons stated in the
preamble, title 40, chapter I of the Code
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[EPA–R04–OAR–2012–0285; FRL–9909–01–
Region–4]
Approval and Promulgation of
Implementation Plans; Tennessee;
Conflict of Interest
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing two actions
pertaining to the Clean Air Act (CAA or
Act) State Implementation Plan (SIP)
requirements for the State of Tennessee.
First, EPA is approving the SIP revision
submitted by Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC) on October 9,
2013, as meeting the applicable
requirements of the Act. This SIP
revision addresses Tennessee’s
outstanding obligations related to the
CAA State board and conflict of interest
requirements. Second, EPA is fully
approving the infrastructure SIP subelement related to the State board and
conflict of interest requirements for the
2008 Lead National Ambient Air
Quality Standards (NAAQS), 1997
Annual Fine Particulate Matter (PM2.5)
NAAQS, 2006 24-hour PM2.5 NAAQS
and 1997 8-hour ozone NAAQS. EPA
notes that all other applicable
Tennessee infrastructure SIP elements
for the 2008 Lead, 1997 annual PM2.5,
2006 24-hour PM2.5, and 1997 8-hour
ozone NAAQS have been addressed in
separate rulemakings.
DATES: This rule is effective on May 2,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0285. All documents in the docket
are listed on the www.regulations.gov
Web site. 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
SUMMARY:
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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, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
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 be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS. Sections 110(a)(1) and (2)
require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
mentioned above, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. On July 23, 2012 (77 FR
42997), August 2, 2012 (77 FR 45958),
and June 18, 2013 (78 FR 36440), EPA
approved in part, and conditionally
approved in part, Tennessee’s
infrastructure SIPs for the 1997 8-hour
ozone NAAQS, 1997 annual PM2.5
NAAQS, 2006 24-hour PM2.5 NAAQS
and 2008 Lead NAAQS, respectively.
Specifically, EPA conditionally
approved the portion of section
110(a)(2)(E)(ii) (hereafter ‘‘sub-element
110(a)(2)(E)(ii)’’) respecting the Act’s
section 128(a)(1) requirements for each
of the above NAAQS. Sub-element
110(a)(2)(E)(ii) provides that each
infrastructure SIP shall provide
requirements ‘‘that the State comply
with the requirements respecting State
boards under section [128 of the CAA].
. . .’’ Section 128, in turn, provides that
each SIP shall contain requirements
that: (1) Any board or body which
approves permits or enforcement orders
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under the CAA shall have at least a
majority of members who represent the
public interest and do not derive a
significant portion of their income from
persons subject to permits or
enforcement orders under the Act
(hereafter ‘‘section 128(a)(1)
requirements’’); and, (2) any potential
conflicts of interest by members of such
board or body or the head of an
executive agency with similar powers be
adequately disclosed (hereafter ‘‘section
128(a)(2) requirements.’’) EPA was
unable to fully-approve Tennessee’s
infrastructure submissions for the above
NAAQS with respect to sub-element
110(a)(2)(E)(ii) because, at the time, the
SIP did not include provisions to
address the section 128(a)(1)
requirements.1
On March 28, 2012, TDEC transmitted
a letter to EPA, committing to adopt
specific enforceable measures into its
SIP by July 23, 2013, to address section
128(a)(1). This commitment provided a
basis for EPA to exercise the conditional
approval authority provided at section
110(k)(4) of the CAA. Consistent with
this authority, Tennessee was required
to adopt the specified enforceable
provisions and submit a revision to EPA
for approval by July 23, 2013 (one year
following the conditional approval
action).2 As described at section
110(k)(4), and as noted by EPA in its
conditional approval actions, failure by
the State to adopt the specified
provisions and submit them to EPA for
incorporation into the SIP by July 23,
2013, would result in the conditional
approvals automatically converting to
disapprovals. Tennessee failed to meet
the July 23, 2013, commitment deadline,
and instead, submitted the section
128(a)(1) revisions to EPA on October 9,
2013. As a result, the sub-element
110(a)(2)(E)(ii) conditional approvals
automatically converted to disapprovals
on July 23, 2013.
On January 9, 2014, EPA provided
notice of the conversion of the section
110(a)(2)(E)(ii) conditional approvals to
disapprovals. 79 FR 1608. In the same
action, EPA also proposed to approve
TDEC’s October 9, 2013 SIP revision as
being sufficient to address Tennessee’s
outstanding obligations related to the
CAA section 128(a)(1) requirements. In
1 The section 128(a)(2) conflict of interest
disclosure requirements, however, were met by
existing provisions in the Tennessee SIP. See 77 FR
42997, 42998; 77 FR 45958, 45960; and 78 FR
36440, 36442.
2 EPA’s initial final action to conditionally
approve sub-element 110(a)(2)(E)(ii) occurred on
July 23, 2012. Therefore, Tennessee’s commitment
to submit the specific enforceable measures
necessary to comply with section 128(a)(1)
requirements was due no later than July 23, 2013.
See 77 FR 42997.
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addition, EPA also proposed through
the January 9, 2014, action to approve
infrastructure SIP sub-element
110(a)(2)(E)(ii) related to the State board
and conflict of interest requirements for
the 2008 Lead, 1997 annual PM2.5, 2006
24-hour PM2.5, and 1997 8-hour ozone
NAAQS.3 EPA received no comments
on these proposed actions.
II. Tennessee’s State Board and Conflict
of Interest Submission
TDEC’s October 9, 2013, SIP revision
revises the content Chapter 1200–3–17
and moves it to a new chapter: Chapter
0400–30–17 Conflict of Interest. Chapter
1200–3–17 is reserved for future use.
The revision further adds new sections
0400–30–17–.02 Protecting the Public
Interests and 0400–30–17–.05 Policy of
Ethics and the Avoidance of Conflicts of
Interest. EPA is approving this revision
because the Agency has determined
that, once approved into the Tennessee
SIP, this change will address the section
128(a)(1) requirements that any board or
body which approves permits or
enforcement orders under the CAA have
at least a majority of members who
represent the public interest and not
derive a significant portion of their
income from persons subject to permits
or enforcement orders under the Act.
Specifically, TDEC’s revision
incorporates a new rule into its SIP to
address section 128(a)(1) requirements.
Rule 0400–30–17–.02 Protecting the
Public Interests contains definitions and
requirements that will enable the
Tennessee Air Pollution Control Board
(hereafter the ‘‘Board’’) to clearly
determine if it has a majority of
members who represent the public
interest and do not derive a significant
portion of their income from persons
subject to permits or enforcement orders
under the Act. The intent of rule 0400–
30–17–.02 is to ensure that at least half
of the Board serves in the public interest
and does not derive any significant
income from persons subject to permits
or enforcement orders under the Act.
Pursuant to these provisions, in the
event the Board is unable to determine
that it is comprised consistent with the
requirements of section 128(a)(1), the
revisions prevent the Board from
hearing contested cases until such time
as it complies with the requirements of
section 128.
TDEC is also revising sections 0400–
30–17–.01 Purpose and Intent (formally
1200–3–17–.01), 0400–30–17–.03
Conflict of Interest on the Part of the
3 The proposed approval of the infrastructure SIP
sub-element for these NAAQS was contingent upon
EPA fully approving the TDEC October 9, 2013,
revision to address the requirements of CAA section
128(a)(1).
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Board and Technical Secretary
(formally 1200–3–17–.02) and 0400–30–
17–.04 Conflict of Interest in the
Permitting of Municipal Solid Waste
Incineration Units (formally 1200–3–
17–.03) of the SIP. EPA has determined
that these revisions, are sufficient to
meet the State’s obligations pursuant to
the requirements of CAA section
128(a)(1).
III. Tennessee’s Infrastructure SIP
Submission
Sub-element 110(a)(2)(E)(ii) requires
compliance with the requirements
respecting State boards and conflicts of
interest pursuant to section 128 of the
Act. EPA reviews infrastructure SIP subelement 110(a)(2)(E)(ii) submissions to
ensure that the SIP includes provisions
satisfying section 128 requirements.
Today’s final approval of the October 9,
2013, SIP revision to address section
128(a)(1) requirements results in the
Tennessee SIP fully meeting the
applicable section 128 requirements.4
Accordingly, EPA is also hereby
finalizing approval of sub-element
110(a)(2)(E)(ii) with respect to the
applicable section 128(a)(1)
requirements for the 2008 Lead NAAQS,
1997 annual PM2.5 NAAQS, 2006 24hour PM2.5 NAAQS and 1997 8- hour
ozone NAAQS.
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IV. Final Action
EPA is approving the SIP revision
submitted by TDEC on October 9, 2013,
as meeting the applicable requirements
of section 128(a)(1) the Act.
Additionally, EPA is fully approving the
infrastructure SIP sub-element
110(a)(2)(E)(ii) related to the State board
and conflict of interest requirements for
the 2008 Lead NAAQS, 1997 Annual
PM2.5 NAAQS, 2006 24-hour PM2.5
NAAQS and 1997 8-hour ozone
NAAQS. These actions are being taken
pursuant to section 110 of the CAA.
EPA notes that the subject of this
notice is limited to the section 128(a)(1)
requirements and the associated
infrastructure SIP sub-element
110(a)(2)(E)(ii). All other applicable
Tennessee infrastructure SIP elements
for the 2008 Lead NAAQS, 1997 annual
PM2.5 NAAQS, 2006 24-hour PM2.5
NAAQS and 1997 8-hour ozone NAAQS
have been addressed in separate
rulemakings.
4 As
previously noted, the section 128(a)(2)
conflict of interest disclosure requirements, were
met by existing provisions in the Tennessee SIP.
See 77 FR 42997, 42998; 77 FR 45958, 45960; and
78 FR 36440, 36442.
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V. 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.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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).
In addition, this action does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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18455
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 June 2, 2014. 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, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 21, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set out in the
preamble, 40 CFR part 52, is to be
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
§ 52.2219
[Removed and Reserved]
2. Section 52.2219 is removed and
reserved.
■
■
3. Section 52.2220(c) is amended by:
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a. Removing the entry in Table 1 for
‘‘CHAPTER 1200–3–17 CONFLICT OF
INTEREST’’ in its entirety; and
■
§ 52.2220
b. Adding in numerical order a new
entry in Table 1 for ‘‘CHAPTER 0400–
30–17 CONFLICT OF INTEREST’’.
The addition reads as follows:
■
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Identification of plan.
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(c) * * *
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TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
Title/subject
State effective
date
CHAPTER 0400–03–17
Purpose and Intent ................
9/23/2013
Section 0400–30–17–.02 ........
Protecting the Public Interests
9/23/2013
Section 0400–30–17–.03 ........
Conflict of Interest on the Part
of the Board and Technical
Secretary.
Conflict of Interest in the Permitting of Municipal Solid
Waste Incineration Units.
Policy of Ethics and the
Avoidance of Conflicts of
Interest.
9/23/2013
Section 0400–30–17–.05 ........
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2013–0056; FRL–9907–62]
Clomazone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of clomazone in
or on multiple commodities which are
identified and discussed later in this
document. In addition, this regulation
removes an existing tolerance on
‘‘cabbage’’ that is superseded by this
action. The Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective April
2, 2014. Objections and requests for
hearings must be received on or before
June 2, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0056, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
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SUMMARY:
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4/2/2014 [Insert citation of
publication].
4/2/2014 [Insert citation of
publication].
4/2/2014 [Insert citation of
publication].
9/23/2013
4/2/2014 [Insert citation of
publication].
9/23/2013
4/2/2014 [Insert citation of
publication].
*
[FR Doc. 2014–07240 Filed 4–1–14; 8:45 am]
*
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in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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Explanation
CONFLICT OF INTEREST
Section 0400–30–17–.01 ........
Section 0400–30–17–.04 ........
EPA approval date
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• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2013–0056 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 2, 2014. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
E:\FR\FM\02APR1.SGM
02APR1
]]>Agencies
[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18453-18456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07240]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0285; FRL-9909-01-Region-4]
Approval and Promulgation of Implementation Plans; Tennessee;
Conflict of Interest
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing two
actions pertaining to the Clean Air Act (CAA or Act) State
Implementation Plan (SIP) requirements for the State of Tennessee.
First, EPA is approving the SIP revision submitted by Tennessee,
through the Tennessee Department of Environment and Conservation (TDEC)
on October 9, 2013, as meeting the applicable requirements of the Act.
This SIP revision addresses Tennessee's outstanding obligations related
to the CAA State board and conflict of interest requirements. Second,
EPA is fully approving the infrastructure SIP sub-element related to
the State board and conflict of interest requirements for the 2008 Lead
National Ambient Air Quality Standards (NAAQS), 1997 Annual Fine
Particulate Matter (PM2.5) NAAQS, 2006 24-hour
PM2.5 NAAQS and 1997 8-hour ozone NAAQS. EPA notes that all
other applicable Tennessee infrastructure SIP elements for the 2008
Lead, 1997 annual PM2.5, 2006 24-hour PM2.5, and
1997 8-hour ozone NAAQS have been addressed in separate rulemakings.
DATES: This rule is effective on May 2, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0285. All documents in the docket
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA
[[Page 18454]]
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, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
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 be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS. Sections 110(a)(1) and (2)
require states to address basic SIP requirements, including emissions
inventories, monitoring, and modeling to assure attainment and
maintenance of the NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As mentioned above, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. On July 23, 2012 (77 FR
42997), August 2, 2012 (77 FR 45958), and June 18, 2013 (78 FR 36440),
EPA approved in part, and conditionally approved in part, Tennessee's
infrastructure SIPs for the 1997 8-hour ozone NAAQS, 1997 annual
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 2008
Lead NAAQS, respectively.
Specifically, EPA conditionally approved the portion of section
110(a)(2)(E)(ii) (hereafter ``sub-element 110(a)(2)(E)(ii)'')
respecting the Act's section 128(a)(1) requirements for each of the
above NAAQS. Sub-element 110(a)(2)(E)(ii) provides that each
infrastructure SIP shall provide requirements ``that the State comply
with the requirements respecting State boards under section [128 of the
CAA]. . . .'' Section 128, in turn, provides that each SIP shall
contain requirements that: (1) Any board or body which approves permits
or enforcement orders under the CAA shall have at least a majority of
members who represent the public interest and do not derive a
significant portion of their income from persons subject to permits or
enforcement orders under the Act (hereafter ``section 128(a)(1)
requirements''); and, (2) any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed (hereafter ``section 128(a)(2)
requirements.'') EPA was unable to fully-approve Tennessee's
infrastructure submissions for the above NAAQS with respect to sub-
element 110(a)(2)(E)(ii) because, at the time, the SIP did not include
provisions to address the section 128(a)(1) requirements.\1\
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\1\ The section 128(a)(2) conflict of interest disclosure
requirements, however, were met by existing provisions in the
Tennessee SIP. See 77 FR 42997, 42998; 77 FR 45958, 45960; and 78 FR
36440, 36442.
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On March 28, 2012, TDEC transmitted a letter to EPA, committing to
adopt specific enforceable measures into its SIP by July 23, 2013, to
address section 128(a)(1). This commitment provided a basis for EPA to
exercise the conditional approval authority provided at section
110(k)(4) of the CAA. Consistent with this authority, Tennessee was
required to adopt the specified enforceable provisions and submit a
revision to EPA for approval by July 23, 2013 (one year following the
conditional approval action).\2\ As described at section 110(k)(4), and
as noted by EPA in its conditional approval actions, failure by the
State to adopt the specified provisions and submit them to EPA for
incorporation into the SIP by July 23, 2013, would result in the
conditional approvals automatically converting to disapprovals.
Tennessee failed to meet the July 23, 2013, commitment deadline, and
instead, submitted the section 128(a)(1) revisions to EPA on October 9,
2013. As a result, the sub-element 110(a)(2)(E)(ii) conditional
approvals automatically converted to disapprovals on July 23, 2013.
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\2\ EPA's initial final action to conditionally approve sub-
element 110(a)(2)(E)(ii) occurred on July 23, 2012. Therefore,
Tennessee's commitment to submit the specific enforceable measures
necessary to comply with section 128(a)(1) requirements was due no
later than July 23, 2013. See 77 FR 42997.
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On January 9, 2014, EPA provided notice of the conversion of the
section 110(a)(2)(E)(ii) conditional approvals to disapprovals. 79 FR
1608. In the same action, EPA also proposed to approve TDEC's October
9, 2013 SIP revision as being sufficient to address Tennessee's
outstanding obligations related to the CAA section 128(a)(1)
requirements. In addition, EPA also proposed through the January 9,
2014, action to approve infrastructure SIP sub-element 110(a)(2)(E)(ii)
related to the State board and conflict of interest requirements for
the 2008 Lead, 1997 annual PM2.5, 2006 24-hour
PM2.5, and 1997 8-hour ozone NAAQS.\3\ EPA received no
comments on these proposed actions.
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\3\ The proposed approval of the infrastructure SIP sub-element
for these NAAQS was contingent upon EPA fully approving the TDEC
October 9, 2013, revision to address the requirements of CAA section
128(a)(1).
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II. Tennessee's State Board and Conflict of Interest Submission
TDEC's October 9, 2013, SIP revision revises the content Chapter
1200-3-17 and moves it to a new chapter: Chapter 0400-30-17 Conflict of
Interest. Chapter 1200-3-17 is reserved for future use. The revision
further adds new sections 0400-30-17-.02 Protecting the Public
Interests and 0400-30-17-.05 Policy of Ethics and the Avoidance of
Conflicts of Interest. EPA is approving this revision because the
Agency has determined that, once approved into the Tennessee SIP, this
change will address the section 128(a)(1) requirements that any board
or body which approves permits or enforcement orders under the CAA have
at least a majority of members who represent the public interest and
not derive a significant portion of their income from persons subject
to permits or enforcement orders under the Act.
Specifically, TDEC's revision incorporates a new rule into its SIP
to address section 128(a)(1) requirements. Rule 0400-30-17-.02
Protecting the Public Interests contains definitions and requirements
that will enable the Tennessee Air Pollution Control Board (hereafter
the ``Board'') to clearly determine if it has a majority of members who
represent the public interest and do not derive a significant portion
of their income from persons subject to permits or enforcement orders
under the Act. The intent of rule 0400-30-17-.02 is to ensure that at
least half of the Board serves in the public interest and does not
derive any significant income from persons subject to permits or
enforcement orders under the Act. Pursuant to these provisions, in the
event the Board is unable to determine that it is comprised consistent
with the requirements of section 128(a)(1), the revisions prevent the
Board from hearing contested cases until such time as it complies with
the requirements of section 128.
TDEC is also revising sections 0400-30-17-.01 Purpose and Intent
(formally 1200-3-17-.01), 0400-30-17-.03 Conflict of Interest on the
Part of the
[[Page 18455]]
Board and Technical Secretary (formally 1200-3-17-.02) and 0400-30-
17-.04 Conflict of Interest in the Permitting of Municipal Solid Waste
Incineration Units (formally 1200-3-17-.03) of the SIP. EPA has
determined that these revisions, are sufficient to meet the State's
obligations pursuant to the requirements of CAA section 128(a)(1).
III. Tennessee's Infrastructure SIP Submission
Sub-element 110(a)(2)(E)(ii) requires compliance with the
requirements respecting State boards and conflicts of interest pursuant
to section 128 of the Act. EPA reviews infrastructure SIP sub-element
110(a)(2)(E)(ii) submissions to ensure that the SIP includes provisions
satisfying section 128 requirements. Today's final approval of the
October 9, 2013, SIP revision to address section 128(a)(1) requirements
results in the Tennessee SIP fully meeting the applicable section 128
requirements.\4\ Accordingly, EPA is also hereby finalizing approval of
sub-element 110(a)(2)(E)(ii) with respect to the applicable section
128(a)(1) requirements for the 2008 Lead NAAQS, 1997 annual
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 1997 8-
hour ozone NAAQS.
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\4\ As previously noted, the section 128(a)(2) conflict of
interest disclosure requirements, were met by existing provisions in
the Tennessee SIP. See 77 FR 42997, 42998; 77 FR 45958, 45960; and
78 FR 36440, 36442.
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IV. Final Action
EPA is approving the SIP revision submitted by TDEC on October 9,
2013, as meeting the applicable requirements of section 128(a)(1) the
Act. Additionally, EPA is fully approving the infrastructure SIP sub-
element 110(a)(2)(E)(ii) related to the State board and conflict of
interest requirements for the 2008 Lead NAAQS, 1997 Annual
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 1997 8-
hour ozone NAAQS. These actions are being taken pursuant to section 110
of the CAA.
EPA notes that the subject of this notice is limited to the section
128(a)(1) requirements and the associated infrastructure SIP sub-
element 110(a)(2)(E)(ii). All other applicable Tennessee infrastructure
SIP elements for the 2008 Lead NAAQS, 1997 annual PM2.5
NAAQS, 2006 24-hour PM2.5 NAAQS and 1997 8-hour ozone NAAQS
have been addressed in separate rulemakings.
V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this action does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not 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 June 2, 2014. 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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 21, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set out in the preamble, 40 CFR part 52, is to be
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
Sec. 52.2219 [Removed and Reserved]
0
2. Section 52.2219 is removed and reserved.
0
3. Section 52.2220(c) is amended by:
[[Page 18456]]
0
a. Removing the entry in Table 1 for ``CHAPTER 1200-3-17 CONFLICT OF
INTEREST'' in its entirety; and
0
b. Adding in numerical order a new entry in Table 1 for ``CHAPTER 0400-
30-17 CONFLICT OF INTEREST''.
The addition reads as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved Tennessee Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
CHAPTER 0400-03-17 CONFLICT OF INTEREST
----------------------------------------------------------------------------------------------------------------
Section 0400-30-17-.01.......... Purpose and Intent. 9/23/2013 4/2/2014 [Insert
citation of
publication].
Section 0400-30-17-.02.......... Protecting the 9/23/2013 4/2/2014 [Insert
Public Interests. citation of
publication].
Section 0400-30-17-.03.......... Conflict of 9/23/2013 4/2/2014 [Insert
Interest on the citation of
Part of the Board publication].
and Technical
Secretary.
Section 0400-30-17-.04.......... Conflict of 9/23/2013 4/2/2014 [Insert
Interest in the citation of
Permitting of publication].
Municipal Solid
Waste Incineration
Units.
Section 0400-30-17-.05.......... Policy of Ethics 9/23/2013 4/2/2014 [Insert
and the Avoidance citation of
of Conflicts of publication].
Interest.
* * * * * * *
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* * * * *
[FR Doc. 2014-07240 Filed 4-1-14; 8:45 am]
BILLING CODE 6560-50-P
