Air Plan Approval; TN Infrastructure Requirements for the 2010 NO2, 3639-3641 [2017-00161]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
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 March 13, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
3639
Dated: December 20, 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 B—Alabama
2. Section 52.50(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour SO2 National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic or nonattainment area
*
110(a)(1) and (2) Infrastructure Requirements
for the 2010 1-hour
SO2 NAAQS.
*
Alabama .................
State
submittal date/
effective date
*
4/23/2013
EPA approval date
*
*
*
*
1/12/2017, [Insert FedWith the exception of interstate transport requireeral Register page ciments of section 110(a)(2)(D)(i)(II) (prong 4),
tation].
and the state board requirements of section
110(a)(2)(E)(ii).
3. Section 52.53 is amended by adding
paragraph (d) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.53
40 CFR Part 52
■
Approval status.
*
*
*
*
(d) Disapproval. Submittal from the
State of Alabama, through the Alabama
Department of Environmental
Management (ADEM) on April 23, 2013,
to address the Clean Air Act section
110(a)(2)(E)(ii) for the 2010 1-hour
sulfur dioxide (SO2) National Ambient
Air Quality Standards (NAAQS)
concerning state board requirements.
EPA is disapproving section
110(a)(2)(E)(ii) of ADEM’s submittal
because the Alabama SIP lacks
provisions respecting state boards per
section 128 of the CAA for the 2010 1hour SO2 NAAQS.
mstockstill on DSK3G9T082PROD with RULES
*
[FR Doc. 2017–00159 Filed 1–11–17; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:27 Jan 11, 2017
Jkt 241001
[EPA–R04–OAR–2015–0252; FRL–9957–90–
Region 4]
Air Plan Approval; TN Infrastructure
Requirements for the 2010 NO2 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
portions of the State Implementation
Plan (SIP) submission, submitted by the
State of Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC), on March 13,
2014, to demonstrate that the State
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2010 nitrogen dioxide (NO2) national
ambient air quality standard (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
SUMMARY:
PO 00000
Frm 00039
Explanation
Fmt 4700
Sfmt 4700
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP submission. TDEC
certified that the Tennessee SIP contains
provisions that ensure the 2010 NO2
NAAQS is implemented, enforced, and
maintained in Tennessee. EPA has
determined that portions of Tennessee’s
infrastructure SIP submission, provided
to EPA on March 13, 2014, satisfies the
certain required infrastructure elements
for the 2010 NO2 NAAQS.
This rule will be effective
February 13, 2017.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0252. 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
ADDRESSES:
E:\FR\FM\12JAR1.SGM
12JAR1
3640
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
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:
Richard Wong, 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. Wong
can be reached via electronic mail at
wong.richard@epa.gov or via telephone
at (404) 562–8726.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
I. Background and Overview
On February 9, 2010 (75 FR 6474),
EPA published a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year
average of the 98th percentile of the
yearly distribution of 1-hour daily
maximum concentrations. Pursuant to
section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP requirements,
including emissions inventories,
monitoring, and modeling to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 2010 1-hour NO2
NAAQS to EPA no later than January
22, 2013.
In a proposed rulemaking published
on July 14, 2016, EPA proposed to
approve Tennessee’s infrastructure SIP
submission for the applicable
requirements of the 2010 1-hour NO2
NAAQS, with the exception of the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J), and the interstate
transport provisions of prongs 1, 2, and
4 of section 110(a)(2)(D)(i). On March
18, 2015, EPA approved Tennessee’s
March 13, 2014, infrastructure SIP
submission regarding the PSD
VerDate Sep<11>2014
17:27 Jan 11, 2017
Jkt 241001
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) for the 2010 1-hour NO2
NAAQS. See 80 FR 14019. Therefore,
EPA is not taking any action today
pertaining to these requirements. With
respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA does not yet have
a submission before the Agency for
action. Additionally, EPA will address
prong 4 element of Tennessee’s March
13, 2014, SIP submission for the 2010 1hour NO2 NAAQS through a separate
rulemaking. The details of Tennessee’s
submission and the rationale for EPA’s
action are explained in the proposed
rulemaking.
II. Response to Comment
Comments on the proposed
rulemaking were due on or before July
28, 2016. EPA received one comment,
which is summarized below, on the
proposed action.
Comment: The Commenter stated that
EPA must disapprove element
110(a)(2)(C) unless Tennessee’s SIP
provides that no new minor source or
minor modification of a major source
can cause or contribute to a violation of
any NAAQS.
Response: EPA agrees that section
110(a)(2)(C) and the minor new source
regulations at 40 CFR 51.160 through
51.164 require SIPs to includes
procedures to prevent the construction
of new minor sources and minor
modifications of major sources if the
new or modified source will interfere
with attainment or maintenance of a
NAAQS. EPA explained its approach to
reviewing the minor source element of
110(a)(2)(C) in its proposed rulemaking
for this action: ‘‘EPA evaluates whether
the state has an EPA-approved minor
new source review program and
whether the program addresses the
pollutants relevant to that NAAQS. In
the context of acting on an
infrastructure SIP submission, however,
EPA does not think it is necessary to
conduct a review of each and every
provision of a state’s existing minor
source program (i.e., already in the
existing SIP) for compliance with the
requirements of the CAA and EPA’s
regulations that pertain to such
programs.’’ See 81 FR 45441 (July 14,
2016). In its 2010 1-hour NO2 NAAQS
infrastructure SIP submission,
Tennessee certified that its SIP contains
provisions to address the 110(a)(2)(C)
requirements regarding new minor
sources and modifications, and, as
noted in EPA’s proposed rulemaking,
the following SIP-approved rules
address the minor source element of
section 110(a)(2)(C): Tennessee Air
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Pollution Control Regulations 1200–03–
09–.01, Construction Permits, and 1200–
03–09–.03, General Provisions. These
SIP-approved rules address NAAQS
pollutants including NO2. While the
Commenter did not specifically object to
any aspect of Tennessee’s SIP
submission with respect section
110(a)(2)(C), EPA notes that Tennessee’s
SIP addresses this non-interference
component for the minor new source/
minor modification permitting element.
Specifically relevant to this comment,
these SIP-approved rules include
provisions to prohibit the issuance of
construction permits if the source at
issue would result in a violation of any
air quality standard. See Regulation
1200–03–09–.01(1)(e).
III. Final Action
With the exception of the
preconstruction PSD permitting
requirements for major sources of
section 110(a)(2)(C), prong 3 of (D)(i),
and (J), and the interstate transport
provisions pertaining to visibility of
prong 4 of section 110(a)(2)(D)(i), EPA is
taking final action to approve that
Tennessee’s March 13, 2014, SIP
submission for the 2010 1-hour NO2
NAAQS because the submission is
consistent with section 110 of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
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 March 13, 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
3641
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: December 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, 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(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour NO2 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2010 1-hour
NO2 NAAQS.
*
Tennessee .............
[FR Doc. 2017–00161 Filed 1–11–17; 8:45 am]
BILLING CODE 6560–50–P
State effective
date
*
03/13/2014
EPA approval date
*
1/12/2017, [Insert citation of publication].
Explanation
*
*
*
With the exception of sections:
110(a)(2)(C) and (J) concerning PSD permitting
requirements and;
110(a)(2)(D)(i) (prongs 1 through 4) concerning
interstate transport requirements.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 704
[EPA–HQ–OPPT–2010–0572; FRL–9957–81]
mstockstill on DSK3G9T082PROD with RULES
RIN 2070–AJ54
Chemical Substances When
Manufactured or Processed as
Nanoscale Materials; TSCA Reporting
and Recordkeeping Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:27 Jan 11, 2017
Jkt 241001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
EPA is establishing reporting
and recordkeeping requirements for
certain chemical substances when they
are manufactured or processed at the
nanoscale as described in this rule.
Specifically, EPA is requiring persons
that manufacture (defined by statute to
include import) or process, or intend to
manufacture or process these chemical
substances to electronically report to
EPA certain information, which
includes insofar as known to or
reasonably ascertainable by the person
making the report, the specific chemical
identity, production volume, methods of
manufacture and processing, exposure
SUMMARY:
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3639-3641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00161]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0252; FRL-9957-90-Region 4]
Air Plan Approval; TN Infrastructure Requirements for the 2010
NO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on portions of the State Implementation Plan (SIP) submission,
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), on March 13, 2014, to
demonstrate that the State meets the infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2010 nitrogen dioxide
(NO2) national ambient air quality standard (NAAQS). The CAA
requires that each state adopt and submit a SIP for the implementation,
maintenance and enforcement of each NAAQS promulgated by EPA, which is
commonly referred to as an ``infrastructure'' SIP submission. TDEC
certified that the Tennessee SIP contains provisions that ensure the
2010 NO2 NAAQS is implemented, enforced, and maintained in
Tennessee. EPA has determined that portions of Tennessee's
infrastructure SIP submission, provided to EPA on March 13, 2014,
satisfies the certain required infrastructure elements for the 2010
NO2 NAAQS.
DATES: This rule will be effective February 13, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0252. 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
[[Page 3640]]
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: Richard Wong, 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. Wong can be reached via electronic mail at
wong.richard@epa.gov or via telephone at (404) 562-8726.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On February 9, 2010 (75 FR 6474), EPA published a new 1-hour
primary NAAQS for NO2 at a level of 100 parts per billion
(ppb), based on a 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations. Pursuant to
section 110(a)(1) of the CAA, states are required to submit SIPs
meeting the requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may prescribe. Section 110(a)(2) requires states to address basic
SIP requirements, including emissions inventories, monitoring, and
modeling to assure attainment and maintenance of the NAAQS. States were
required to submit such SIPs for the 2010 1-hour NO2 NAAQS
to EPA no later than January 22, 2013.
In a proposed rulemaking published on July 14, 2016, EPA proposed
to approve Tennessee's infrastructure SIP submission for the applicable
requirements of the 2010 1-hour NO2 NAAQS, with the
exception of the PSD permitting requirements for major sources of
sections 110(a)(2)(C), prong 3 of D(i), and (J), and the interstate
transport provisions of prongs 1, 2, and 4 of section 110(a)(2)(D)(i).
On March 18, 2015, EPA approved Tennessee's March 13, 2014,
infrastructure SIP submission regarding the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J)
for the 2010 1-hour NO2 NAAQS. See 80 FR 14019. Therefore,
EPA is not taking any action today pertaining to these requirements.
With respect to the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission
before the Agency for action. Additionally, EPA will address prong 4
element of Tennessee's March 13, 2014, SIP submission for the 2010 1-
hour NO2 NAAQS through a separate rulemaking. The details of
Tennessee's submission and the rationale for EPA's action are explained
in the proposed rulemaking.
II. Response to Comment
Comments on the proposed rulemaking were due on or before July 28,
2016. EPA received one comment, which is summarized below, on the
proposed action.
Comment: The Commenter stated that EPA must disapprove element
110(a)(2)(C) unless Tennessee's SIP provides that no new minor source
or minor modification of a major source can cause or contribute to a
violation of any NAAQS.
Response: EPA agrees that section 110(a)(2)(C) and the minor new
source regulations at 40 CFR 51.160 through 51.164 require SIPs to
includes procedures to prevent the construction of new minor sources
and minor modifications of major sources if the new or modified source
will interfere with attainment or maintenance of a NAAQS. EPA explained
its approach to reviewing the minor source element of 110(a)(2)(C) in
its proposed rulemaking for this action: ``EPA evaluates whether the
state has an EPA-approved minor new source review program and whether
the program addresses the pollutants relevant to that NAAQS. In the
context of acting on an infrastructure SIP submission, however, EPA
does not think it is necessary to conduct a review of each and every
provision of a state's existing minor source program (i.e., already in
the existing SIP) for compliance with the requirements of the CAA and
EPA's regulations that pertain to such programs.'' See 81 FR 45441
(July 14, 2016). In its 2010 1-hour NO2 NAAQS infrastructure
SIP submission, Tennessee certified that its SIP contains provisions to
address the 110(a)(2)(C) requirements regarding new minor sources and
modifications, and, as noted in EPA's proposed rulemaking, the
following SIP-approved rules address the minor source element of
section 110(a)(2)(C): Tennessee Air Pollution Control Regulations 1200-
03-09-.01, Construction Permits, and 1200-03-09-.03, General
Provisions. These SIP-approved rules address NAAQS pollutants including
NO2. While the Commenter did not specifically object to any
aspect of Tennessee's SIP submission with respect section 110(a)(2)(C),
EPA notes that Tennessee's SIP addresses this non-interference
component for the minor new source/minor modification permitting
element. Specifically relevant to this comment, these SIP-approved
rules include provisions to prohibit the issuance of construction
permits if the source at issue would result in a violation of any air
quality standard. See Regulation 1200-03-09-.01(1)(e).
III. Final Action
With the exception of the preconstruction PSD permitting
requirements for major sources of section 110(a)(2)(C), prong 3 of
(D)(i), and (J), and the interstate transport provisions pertaining to
visibility of prong 4 of section 110(a)(2)(D)(i), EPA is taking final
action to approve that Tennessee's March 13, 2014, SIP submission for
the 2010 1-hour NO2 NAAQS because the submission is
consistent with section 110 of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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
[[Page 3641]]
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 March 13, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: December 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
For the reasons stated in the preamble, 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(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour NO2
NAAQS'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic or State EPA approval
provision nonattainment area effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Tennessee................ 03/13/2014 1/12/2017, With the exception
Infrastructure Requirements [Insert of sections:
for the 2010 1-hour NO2 citation of 110(a)(2)(C) and (J)
NAAQS. publication]. concerning PSD
permitting
requirements and;
110(a)(2)(D)(i)
(prongs 1 through
4) concerning
interstate
transport
requirements.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-00161 Filed 1-11-17; 8:45 am]
BILLING CODE 6560-50-P
