Air Plan Approval and Air Quality Designation; TN; Redesignation of the Sullivan County Lead Nonattainment Area to Attainment, 44210-44212 [2016-16002]
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations
The Coast
Guard will enforce the regulations in 33
CFR 165.1123 for a safety zone on the
waters of San Diego Bay, CA for the San
Diego, CA POPS Fireworks Display in
33 CFR 165.1123, Table 1, Item 1 of that
section, from 9:00 p.m. through 10:00
p.m. on specific evenings from July 1,
2016 to September 4, 2016. This
enforcement action is being taken to
provide for the safety of life on
navigable waterways during the
fireworks events. Our regulation for
southern California annual fireworks
events for the San Diego Captain of the
Port Zone identifies the regulated
entities for the events. Under the
provisions of 33 CFR 165.1123, a vessel
may not enter the regulated area, unless
it receives permission from the Captain
of the Port, or his designated
representative. Spectator vessels may
safely transit outside the regulated area
but may not anchor, block, loiter, or
impede the transit of participants or
official patrol vessels. The Coast Guard
may be assisted by other Federal, state,
or local law enforcement agencies in
enforcing this regulation.
This document is issued under
authority of 33 CFR 165.1123 and 5
U.S.C. 552(a). In addition to this
document in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners and local advertising
by the event sponsor.
If the Captain of the Port or his
designated representative determines
that the regulated area need not be
enforced for the full duration stated on
this document, he or she may use a
Broadcast Notice to Mariners or other
communications coordinated with the
event sponsor to grant general
permission to enter the regulated area.
SUPPLEMENTARY INFORMATION:
Dated: June 22, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2016–16014 Filed 7–6–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2012–0323; FRL–9948–68–
Region 4]
Air Plan Approval and Air Quality
Designation; TN; Redesignation of the
Sullivan County Lead Nonattainment
Area to Attainment
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
On July 15, 2015, the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Bristol, Tennessee 2008 lead
nonattainment area (hereafter referred to
as the ‘‘Bristol Area’’ or the ‘‘Area’’) to
attainment for the 2008 lead National
Ambient Air Quality Standards
(NAAQS) and an associated State
Implementation Plan (SIP) revision
containing a maintenance plan and a
reasonably available control measures
(RACM) determination for the Area.
EPA is taking the following separate
final actions related to the July 15, 2015,
redesignation request and SIP revision:
Determining that the Bristol Area is
continuing to attain the 2008 lead
NAAQS; approving and incorporating
into the SIP the State’s plan for
maintaining attainment of the 2008 lead
standard; approving and incorporating
into the SIP the State’s RACM
determination; and redesignating the
Bristol Area to attainment for the 2008
lead NAAQS.
DATES: This rule will be effective August
8, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0323. 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 Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
SUMMARY:
PO 00000
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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 of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman may be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008, EPA
promulgated a revised primary and
secondary lead NAAQS of 0.15
micrograms per cubic meter (mg/m3).
See 73 FR 66964. Under EPA’s
regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the
maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement.
EPA designated the Bristol Area as a
nonattainment area for the 2008 lead
NAAQS on November 22, 2010
(effective December 31, 2010), using
2007–2009 ambient air quality data. See
75 FR 71033. This established an
attainment date five years after the
December 31, 2010, effective date for the
2008 lead nonattainment designations
pursuant to CAA section 172(a)(2)(A).
Therefore, the Bristol Area’s attainment
date is December 31, 2015. EPA
determined that Tennessee had attained
the 2008 lead NAAQS prior to the
attainment date and issued a Clean Data
Determination on August 29, 2012 (77
FR 52232).
In a notice of proposed rulemaking
(NPRM) published on April 26, 2016 (81
FR 24536), EPA proposed to approve
four separate but related actions: (1) To
approve Tennessee’s RACM
determination for the Bristol Area
pursuant to Clean Air Act (CAA or Act)
section 172(c)(1) into the SIP; (2) to
determine that the Area is continuing to
attain the 2008 lead NAAQS; (3) to
approve Tennessee’s maintenance plan
for maintaining the 2008 lead NAAQS
in the Area into the SIP; and (4) to
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07JYR1
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations
redesignate the Area. No comments
were received on the April 26, 2016,
proposed rulemaking. The details of
Tennessee’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM. See 81 FR 24536 (April
26, 2016).
II. What are the effects of these actions?
Approval of Tennessee’s
redesignation request changes the legal
designation of the Bristol Area, found at
40 CFR 81.343, from nonattainment to
attainment for the 2008 lead NAAQS.
Approval of Tennessee’s associated SIP
revision also incorporates a plan into
the SIP for maintaining the 2008 lead
NAAQS in the Sullivan County (Bristol
Area), Tennessee, through 2025 and a
RACM determination for the Area.
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III. Final Action
EPA is taking a number of final
actions regarding Tennessee’s July 15,
2015, request to redesignate the Bristol
Area to attainment and associated SIP
revision. First, EPA is determining that
the State’s Subpart 1 RACM
determination for the Area meets the
requirements of CAA section 172(c)(1)
and incorporating this RACM
determination into the SIP.
Second, EPA is determining, based
upon review of quality-assured and
certified ambient monitoring data for
the 2012–2014 period and upon review
of preliminary data in Air Quality
System for 2015, that the Area continues
to attain the 2008 lead NAAQS
following EPA’s August 29, 2012,
determination of attainment.
Third, EPA is approving the
maintenance plan for the Area and
incorporating it into the SIP.
Fourth, EPA is approving Tennessee’s
request for redesignation of the Area
from nonattainment to attainment for
the 2008 lead NAAQS. As mentioned
above, approval of the redesignation
request changes the official designation
of the Bristol Area from nonattainment
to attainment for the 2008 lead NAAQS.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
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attainment. Moreover, 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. Accordingly, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by State law. For that reason,
these proposed 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);
• 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 economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions 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
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, 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
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44211
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 September 6, 2016. 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: June 22, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is 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
2. In § 52.2220, the table in paragraph
(e) is amended by adding the entry
‘‘2008 Lead Maintenance Plan for the
Bristol Area’’ at the end of the table to
read as follows:
■
§ 52.2220
*
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*
Identification of plan.
*
07JYR1
*
*
44212
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations
(e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
2008 Lead Maintenance Plan for
the Bristol Area.
*
Bristol Area ..................................
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
State effective
date
*
7/10/2015
EPA approval date
Explanation
*
*
7/7/2016 [insert Federal
Register citation].
Authority: 42 U.S.C. 7401 et seq.
*
amended by revising the entry ‘‘Bristol,
TN:’’ to read as follows:
Subpart C—Section 107 Attainment
Status Designations
§ 81.343
*
4. In § 81.343, the table entitled
‘‘Tennessee—2008 Lead NAAQS’’ is
■
*
Tennessee.
*
*
*
TENNESSEE—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1
Bristol, TN:
Sullivan County (part) ...................................................................................................
Area is bounded by a 1.25 km radius surrounding the UTM coordinates 4042923
meters E., 386267 meters N., Zone 17, which surrounds the Exide Technologies
Facility.
*
a Includes
*
*
*
Type
7/7/2016
Attainment
*
*
*
Indian Country in each county or area, except as otherwise specified.
31, 2011 unless otherwise noted.
1 December
[FR Doc. 2016–16002 Filed 7–6–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2014–0866; FRL–9948–65–
OAR]
RIN 2060–AS43
Standards of Performance for
Stationary Compression Ignition
Internal Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing amendments
to the standards of performance for
stationary compression ignition (CI)
internal combustion engines to allow
manufacturers to design the engines so
that operators can temporarily override
performance inducements related to the
emission control system for stationary
CI internal combustion engines. The
amendments apply to engines operating
during emergency situations where the
operation of the engine or equipment is
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SUMMARY:
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needed to protect human life, and to
require compliance with Tier 1 emission
standards during such emergencies. The
EPA is also amending the standards of
performance for certain stationary CI
internal combustion engines located in
remote areas of Alaska.
DATES: This final rule is effective on
September 6, 2016.
ADDRESSES: Docket: The EPA has
established a docket for this action
under Docket ID No. EPA–HQ–OAR–
2014–0866. All documents in the docket
are listed in the https://
www.regulations.gov index. The EPA
also relies on materials in Docket ID
Nos. EPA–HQ–OAR–2008–0708, EPA–
HQ–OAR–2010–0295, and EPA–HQ–
OAR–2011–1032, and incorporates
those dockets into the record for this
final rule.
Although listed in the index, some
information is not publicly available
(e.g., confidential business information
or other information whose disclosure is
restricted by statute). Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA WJC West
PO 00000
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Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding federal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742. Visit the EPA Docket
Center homepage at https://
www.epa.gov/dockets for additional
information about the EPA’s public
docket.
In addition to being available in the
docket, an electronic copy of this final
rule will be available on the World
Wide Web (WWW). Following
signature, a copy of this final rule will
be posted at the following address:
https://www3.epa.gov/ttn/atw/icengines.
FOR FURTHER INFORMATION CONTACT: Ms.
Melanie King, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number:
(919) 541–2469; facsimile number: (919)
541–5450; email address: king.melanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information presented in this preamble
is organized as follows:
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]]>Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Rules and Regulations]
[Pages 44210-44212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16002]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0323; FRL-9948-68-Region 4]
Air Plan Approval and Air Quality Designation; TN; Redesignation
of the Sullivan County Lead Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On July 15, 2015, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), submitted
a request for the Environmental Protection Agency (EPA) to redesignate
the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred
to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008
lead National Ambient Air Quality Standards (NAAQS) and an associated
State Implementation Plan (SIP) revision containing a maintenance plan
and a reasonably available control measures (RACM) determination for
the Area. EPA is taking the following separate final actions related to
the July 15, 2015, redesignation request and SIP revision: Determining
that the Bristol Area is continuing to attain the 2008 lead NAAQS;
approving and incorporating into the SIP the State's plan for
maintaining attainment of the 2008 lead standard; approving and
incorporating into the SIP the State's RACM determination; and
redesignating the Bristol Area to attainment for the 2008 lead NAAQS.
DATES: This rule will be effective August 8, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0323. 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 Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management 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 of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008, EPA promulgated a revised primary and
secondary lead NAAQS of 0.15 micrograms per cubic meter ([mu]g/m\3\).
See 73 FR 66964. Under EPA's regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with
appendix R of 40 CFR part 50, is less than or equal to 0.15 [mu]g/m\3\.
See 40 CFR 50.16. Ambient air quality monitoring data for the 3-year
period must meet a data completeness requirement.
EPA designated the Bristol Area as a nonattainment area for the
2008 lead NAAQS on November 22, 2010 (effective December 31, 2010),
using 2007-2009 ambient air quality data. See 75 FR 71033. This
established an attainment date five years after the December 31, 2010,
effective date for the 2008 lead nonattainment designations pursuant to
CAA section 172(a)(2)(A). Therefore, the Bristol Area's attainment date
is December 31, 2015. EPA determined that Tennessee had attained the
2008 lead NAAQS prior to the attainment date and issued a Clean Data
Determination on August 29, 2012 (77 FR 52232).
In a notice of proposed rulemaking (NPRM) published on April 26,
2016 (81 FR 24536), EPA proposed to approve four separate but related
actions: (1) To approve Tennessee's RACM determination for the Bristol
Area pursuant to Clean Air Act (CAA or Act) section 172(c)(1) into the
SIP; (2) to determine that the Area is continuing to attain the 2008
lead NAAQS; (3) to approve Tennessee's maintenance plan for maintaining
the 2008 lead NAAQS in the Area into the SIP; and (4) to
[[Page 44211]]
redesignate the Area. No comments were received on the April 26, 2016,
proposed rulemaking. The details of Tennessee's submittal and the
rationale for EPA's actions are further explained in the NPRM. See 81
FR 24536 (April 26, 2016).
II. What are the effects of these actions?
Approval of Tennessee's redesignation request changes the legal
designation of the Bristol Area, found at 40 CFR 81.343, from
nonattainment to attainment for the 2008 lead NAAQS. Approval of
Tennessee's associated SIP revision also incorporates a plan into the
SIP for maintaining the 2008 lead NAAQS in the Sullivan County (Bristol
Area), Tennessee, through 2025 and a RACM determination for the Area.
III. Final Action
EPA is taking a number of final actions regarding Tennessee's July
15, 2015, request to redesignate the Bristol Area to attainment and
associated SIP revision. First, EPA is determining that the State's
Subpart 1 RACM determination for the Area meets the requirements of CAA
section 172(c)(1) and incorporating this RACM determination into the
SIP.
Second, EPA is determining, based upon review of quality-assured
and certified ambient monitoring data for the 2012-2014 period and upon
review of preliminary data in Air Quality System for 2015, that the
Area continues to attain the 2008 lead NAAQS following EPA's August 29,
2012, determination of attainment.
Third, EPA is approving the maintenance plan for the Area and
incorporating it into the SIP.
Fourth, EPA is approving Tennessee's request for redesignation of
the Area from nonattainment to attainment for the 2008 lead NAAQS. As
mentioned above, approval of the redesignation request changes the
official designation of the Bristol Area from nonattainment to
attainment for the 2008 lead NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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.
Accordingly, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by State law. For that reason, these proposed 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);
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 economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions 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
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, 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 September 6, 2016. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: June 22, 2016.
Heather McTeer Toney,
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. In Sec. 52.2220, the table in paragraph (e) is amended by adding
the entry ``2008 Lead Maintenance Plan for the Bristol Area'' at the
end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
[[Page 44212]]
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
provision or nonattainment area effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 Lead Maintenance Plan for the Bristol Area......... 7/10/2015 7/7/2016 [insert Federal Register
Bristol Area. citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.343, the table entitled ``Tennessee--2008 Lead NAAQS''
is amended by revising the entry ``Bristol, TN:'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--2008 Lead NAAQS
------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area -------------------------------------
Date \1\ Type
------------------------------------------------------------------------
Bristol, TN:
Sullivan County (part)............ 7/7/2016 Attainment
Area is bounded by a 1.25 km
radius surrounding the UTM
coordinates 4042923 meters E.,
386267 meters N., Zone 17, which
surrounds the Exide Technologies
Facility.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country in each county or area, except as otherwise
specified.
\1\ December 31, 2011 unless otherwise noted.
[FR Doc. 2016-16002 Filed 7-6-16; 8:45 am]
BILLING CODE 6560-50-P
