Air Plan Approval; TN; Revisions to the Knox County Portion of the TN SIP, 91033-91035 [2016-30056]
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
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40 CFR Part 52
[EPA–R04–OAR–2016–0359; FRL–9956–63–
Region 4]
Air Plan Approval; TN; Revisions to the
Knox County Portion of the TN SIP
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on January 11, 2016. The revision was
submitted by TDEC on behalf of the
Knox County Department of Air Quality
Management, which has jurisdiction
over Knox County, Tennessee. The
revision that EPA is approving amends
the Knox County Air Quality
Management Department’s regulations,
which are part of the Tennessee SIP, to
address EPA’s startup, shutdown, and
malfunction (SSM) SIP call for Knox
County. EPA is approving the January
11, 2016, SIP revision because the
Agency has determined that it is in
accordance with the requirements for
SIP provisions under the Clean Air Act
(CAA or Act).
SUMMARY:
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This rule will be effective
January 17, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0359. 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:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. Ms. Sanchez can be
reached via telephone at (404) 562–9644
and via electronic mail at
sanchez.madolyn@epa.gov.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
asabaliauskas on DSK3SPTVN1PROD with RULES
Immediate
annuity rate
(percent)
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Deborah Chase Murphy,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
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Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
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3. In appendix C to part 4022, Rate Set
279, as set forth below, is added to the
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SUPPLEMENTARY INFORMATION:
I. Background
On May 22, 2015, EPA finalized an
action (hereafter referred to as the ‘‘SSM
SIP Action’’) 1 that responded to a Sierra
Club petition for rulemaking concerning
state rule treatment of excess emissions
by sources during periods of SSM and
called for 36 states to submit corrective
SIP revisions to EPA by November 22,
2016. As discussed in that action, EPA
determined that Knox County
Regulation 32.1(C) 2 is inconsistent with
the fundamental requirements of CAA
sections 113(e)(1), 114(c) and 304 and
the credible evidence rule 3 and thus
issued a SIP call requiring the State to
submit a corrective SIP revision
addressing this provision. See 80 FR
33965.
On January 11, 2016, the State of
Tennessee submitted a SIP revision,
pursuant to a request by the Knox
County Department of Air Quality
Management, to address the SSM SIP
Action with respect to Knox County.
The revision removes the language from
Knox County Regulation 32.1(C) that
EPA found to be unlawful in the SSM
SIP Action and replaces it with
‘‘(Reserved).’’ In a proposed rulemaking
published on September 22, 2016 (81 FR
65313), EPA proposed to approve that
1 See ‘‘State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction,’’ 80
FR 33839 (June 12, 2015).
2 Knox County SIP Regulation 32.1(C) is a
subsection of Section 32.0, ‘‘Use of Evidence.’’
3 40 CFR 51.212(c); see also ‘‘Credible Evidence
Revisions,’’ 62 FR 8314 (Feb. 24, 1997).
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
SIP revision. The details of Tennessee’s
SIP revision and the rationale for EPA’s
action are explained in the proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
October 24, 2016. EPA did not receive
any comments on the proposed action.
II. Incorporation by Reference
In this rule, 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 Regulation
Section 32.0 entitled ‘‘Use of Evidence,’’
effective November 12, 2015, which
replaces the language previously
included in Section 32.1(C) with
‘‘(Reserved).’’ 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 by the
Director of the Federal Register in the
next update to the SIP compilation.4
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
the ‘‘For Further Information Contact’’
section of this preamble for more
information).
asabaliauskas on DSK3SPTVN1PROD with RULES
III. Final Action
EPA is approving the Tennessee SIP
revision consisting of replacing the
language in Section 32.1(C) currently in
the EPA-approved SIP for Knox County
with ‘‘(Reserved).’’ EPA is approving the
January 11, 2016 SIP revision because
the Agency has determined that it is in
accordance with the requirements for
SIP provisions under the CAA, is
otherwise consistent with the CAA, and
adequately addresses the SSM SIP call
with respect to the Knox County portion
of the Tennessee SIP.
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. Accordingly, this action
4 62
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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 14, 2017. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 1, 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. Section 52.2220(c) is amended
under Table 3 by revising the entry for
‘‘32.0’’ to read as follows:
■
§ 52.2220
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FR 27968 (May 22, 1997).
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State
effective date
State section
Title/subject
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32.0 ...................
*
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Use of Evidence ............................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0269; FRL–9956–60–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Ohio Portion of
the Cincinnati, Ohio-Kentucky-Indiana
Area to Attainment of the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finding that the
Cincinnati, Ohio-Kentucky-Indiana area
is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and is redesignating the
Ohio portion of the Cincinnati area to
attainment for the 2008 ozone NAAQS
because the area meets the statutory
requirements for redesignation under
the Clean Air Act (CAA or Act). The
Cincinnati area includes Butler,
Clermont, Clinton, Hamilton, and
Warren Counties in Ohio; Lawrenceburg
Township in Dearborn County, Indiana;
and, Boone, Campbell, and Kenton
Counties in Kentucky. EPA is also
approving, as a revision to the Ohio
State Implementation Plan (SIP), the
state’s plan for maintaining the 2008
ozone standard through 2030 in the
Cincinnati area. Finally, EPA finds
adequate and is approving the state’s
2020 and 2030 volatile organic
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Ohio and Indiana
portion of the Cincinnati area. The Ohio
Environmental Protection Agency (Ohio
EPA) submitted the SIP revision and
redesignation request on April 21, 2016.
DATES: This final rule is effective
December 16, 2016.
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SUMMARY:
17:15 Dec 15, 2016
Explanation
*
12/16/2016, [Insert citation of publication].
*
*
EPA is replacing the language in
Section 32.1(C) with ‘‘(Reserved)’’.
*
*
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0269. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. 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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ADDRESSES:
[FR Doc. 2016–30056 Filed 12–15–16; 8:45 am]
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I. What is being addressed in this
document?
This rule takes action on the
submission from Ohio EPA, dated April
21, 2016, requesting redesignation of the
Ohio portion of the Cincinnati area to
attainment for the 2008 ozone standard.
The background for today’s action is
discussed in detail in EPA’s proposal,
dated September 28, 2016 (81 FR
66602). In that rulemaking, we noted
that, under EPA regulations at 40 CFR
part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average
concentration is equal to or less than
0.075 ppm, when truncated after the
thousandth decimal place, at all of the
ozone monitoring sites in the area. (See
40 CFR 50.15 and appendix P to 40 CFR
part 50.) Under the CAA, EPA may
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redesignate nonattainment areas to
attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E). The proposed rule, dated
September 28, 2016, provides a detailed
discussion of how Ohio has met these
CAA requirements.
As discussed in the September 28,
2016, proposal, quality-assured and
certified monitoring data for 2013–2015
and preliminary data for 2016 show that
the Cincinnati area has attained and
continues to attain the 2008 ozone
standard. In the maintenance plan
submitted for the area, Ohio has
demonstrated that the ozone standard
will be maintained in the area through
2030. Finally, Ohio and Indiana have
adopted 2020 and 2030 VOC and NOX
MVEBs for the Ohio and Indiana portion
of the Cincinnati area that are supported
by Ohio’s maintenance demonstration.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the September 28,
2016, proposed rule. The comment
period ended on October 28, 2016.
During the comment period, comments
in support of the action were submitted
on behalf of the Ohio Utility Group and
its member companies. We received no
adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the
Cincinnati nonattainment is attaining
the 2008 ozone standard, based on
quality-assured and certified monitoring
data for 2013–2015 and that the Ohio
portion of this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus changing the legal designation of
the Ohio portion of the Cincinnati area
from nonattainment to attainment for
the 2008 ozone standard. EPA is also
approving, as a revision to the Ohio SIP,
the state’s maintenance plan for the
area. The maintenance plan is designed
to keep the Cincinnati area in
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]]>Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91033-91035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30056]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0359; FRL-9956-63-Region 4]
Air Plan Approval; TN; Revisions to the Knox County Portion of
the TN SIP
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC), on January 11, 2016. The revision was submitted by TDEC on
behalf of the Knox County Department of Air Quality Management, which
has jurisdiction over Knox County, Tennessee. The revision that EPA is
approving amends the Knox County Air Quality Management Department's
regulations, which are part of the Tennessee SIP, to address EPA's
startup, shutdown, and malfunction (SSM) SIP call for Knox County. EPA
is approving the January 11, 2016, SIP revision because the Agency has
determined that it is in accordance with the requirements for SIP
provisions under the Clean Air Act (CAA or Act).
DATES: This rule will be effective January 17, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0359. 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: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez
can be reached via telephone at (404) 562-9644 and via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 22, 2015, EPA finalized an action (hereafter referred to as
the ``SSM SIP Action'') \1\ that responded to a Sierra Club petition
for rulemaking concerning state rule treatment of excess emissions by
sources during periods of SSM and called for 36 states to submit
corrective SIP revisions to EPA by November 22, 2016. As discussed in
that action, EPA determined that Knox County Regulation 32.1(C) \2\ is
inconsistent with the fundamental requirements of CAA sections
113(e)(1), 114(c) and 304 and the credible evidence rule \3\ and thus
issued a SIP call requiring the State to submit a corrective SIP
revision addressing this provision. See 80 FR 33965.
---------------------------------------------------------------------------
\1\ See ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' 80 FR 33839 (June 12, 2015).
\2\ Knox County SIP Regulation 32.1(C) is a subsection of
Section 32.0, ``Use of Evidence.''
\3\ 40 CFR 51.212(c); see also ``Credible Evidence Revisions,''
62 FR 8314 (Feb. 24, 1997).
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On January 11, 2016, the State of Tennessee submitted a SIP
revision, pursuant to a request by the Knox County Department of Air
Quality Management, to address the SSM SIP Action with respect to Knox
County. The revision removes the language from Knox County Regulation
32.1(C) that EPA found to be unlawful in the SSM SIP Action and
replaces it with ``(Reserved).'' In a proposed rulemaking published on
September 22, 2016 (81 FR 65313), EPA proposed to approve that
[[Page 91034]]
SIP revision. The details of Tennessee's SIP revision and the rationale
for EPA's action are explained in the proposed rulemaking. Comments on
the proposed rulemaking were due on or before October 24, 2016. EPA did
not receive any comments on the proposed action.
II. Incorporation by Reference
In this rule, 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
Regulation Section 32.0 entitled ``Use of Evidence,'' effective
November 12, 2015, which replaces the language previously included in
Section 32.1(C) with ``(Reserved).'' 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 by the Director of the Federal Register in the next update to
the SIP compilation.\4\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).
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\4\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the Tennessee SIP revision consisting of replacing
the language in Section 32.1(C) currently in the EPA-approved SIP for
Knox County with ``(Reserved).'' EPA is approving the January 11, 2016
SIP revision because the Agency has determined that it is in accordance
with the requirements for SIP provisions under the CAA, is otherwise
consistent with the CAA, and adequately addresses the SSM SIP call with
respect to the Knox County portion of the Tennessee SIP.
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. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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 14, 2017. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 1, 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. Section 52.2220(c) is amended under Table 3 by revising the entry
for ``32.0'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 91035]]
Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
State
State section Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
32.0....................... Use of Evidence...... 11/12/2015 12/16/2016, [Insert EPA is replacing the
citation of language in Section
publication]. 32.1(C) with
``(Reserved)''.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-30056 Filed 12-15-16; 8:45 am]
BILLING CODE 6560-50-P
