Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Middle Tennessee, 20260-20262 [2017-08646]
Download as PDF
<![CDATA[
20260
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS
State citation
State effective
date
Title/subject
*
Chapter 137 .................
*
*
Emission Statements ..
*
*
11/08/2008
EPA approval date
EPA approval date and
citation 1
*
*
05/01/2017 [Insert Federal
Register citation].
*
*
Explanations
*
*
The entire chapter is approved with the exception of HAP and greenhouse gas reporting
requirements which were withdrawn from
the State’s SIP revision: Sections 1(C), (E),
and (F); Definitions 2(A) through (F) and (I);
Sections 3(B) and (C); the last sentence of
Section 4(D)(5); and Appendix A and B.
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
attainment or maintenance of the
NAAQS or with any other CAA
requirement. EPA has determined that
Tennessee’s November 21, 2016, SIP
revision is consistent with the
applicable provisions of the CAA.
DATES: This rule is effective May 1,
2017.
*
[FR Doc. 2017–08648 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0615; FRL–9961–48–
Region 4]
Air Plan Approval; TN: NonInterference Demonstration for Federal
Low-Reid Vapor Pressure Requirement
in Middle Tennessee
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Tennessee’s November 21, 2016,
revision to its State Implementation
Plan (SIP), submitted through the
Tennessee Department of Environment
and Conservation (TDEC), in support of
the State’s request that EPA change the
federal Reid Vapor Pressure (RVP)
requirements for Davidson, Rutherford,
Sumner, Williamson, and Wilson
Counties (hereinafter referred to as the
‘‘Middle Tennessee Area’’ or ‘‘Area’’).
Tennessee’s November 21, 2016, SIP
submittal revises its maintenance plan
for the Middle Tennessee Area for the
1997 8-hour ozone national ambient air
quality standard (NAAQS) and
demonstrates that relaxing the federal
RVP requirements in this Area would
not interfere with the Area’s ability to
meet the requirements of the Clean Air
Act (CAA or Act). Specifically,
Tennessee’s SIP revision concludes that
relaxing the federal RVP requirement
from 7.8 pounds per square inch (psi) to
9.0 psi for gasoline sold between June 1
and September 15 of each year in the
Area would not interfere with
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0615. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be 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: D.
Brad Akers, 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. Akers
can be reached via telephone at (404)
ADDRESSES:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for this final
action?
On November 21, 2016, Tennessee
submitted a SIP revision consisting of a
revision to its 110(a)(1) maintenance
plan for the 1997 8-hour ozone NAAQS
for the Middle Tennessee Area and the
technical noninterference
demonstration supporting the State’s
request to change the federal RVP
requirements from 7.8 psi to 9.0 psi in
the Area. In a notice of proposed
rulemaking (NPR) published on
February 24, 2017 (82 FR 11517), EPA
proposed to approve the State’s
noninterference demonstration and the
updates to updated emissions inventory
and projections associated with the
mobile source modeling used in the
State’s noninterference demonstration
related to RVP. The details of
Tennessee’s submittal and the rationale
for EPA’s actions are explained in the
NPR. EPA did not receive any adverse
comments on the proposed action.
II. Final Action
EPA is approving Tennessee’s
November 21, 2016, SIP revision
consisting of a revision to its 110(a)(1)
maintenance plan for the 1997 8-hour
ozone NAAQS for the Middle Tennessee
Area and the technical noninterference
demonstration supporting the State’s
request to change the federal RVP
requirements from 7.8 psi to 9.0 psi in
the Area. Specifically, EPA is finalizing
updated emissions inventory and
projections associated with the mobile
source modeling used in the State’s
noninterference demonstration related
to RVP. EPA has determined that the
change in the RVP requirements for
Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties will
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
mstockstill on DSK30JT082PROD with RULES
not interfere with attainment or
maintenance of any NAAQS or with any
other applicable requirement of the
CAA.
EPA has determined that Tennessee’s
November 21, 2016, RVP-related SIP
revision is consistent with the
applicable provisions of the CAA for the
reasons provided in the NPR. Through
this action, EPA is not removing the
federal 7.8 psi RVP requirement for
Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties. Any
such action would occur in a separate
rulemaking.
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
this action to become effective
immediately upon publication. This is
because a delayed effective date is
unnecessary because today’s action
approves a noninterference
demonstration that will serve as the
basis of a subsequent action to relieve
the Area from certain CAA requirements
that would otherwise apply to it. The
immediate effective date for this action
is authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule grants or
recognizes an exemption or relieves a
restriction, and section 553(d)(3), which
allows an effective date less than 30
days after publication as otherwise
provided by the agency for good cause
found and published with the rule. The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule will serve as a basis for
a subsequent action to relieve the Area
from certain CAA requirements. For
these reasons, EPA finds good cause
under 5 U.S.C. 553(d)(3) for this action
to become effective on the date of
publication of this action.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submittal 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
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
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, October 7,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
20261
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 30, 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, Particulate
matter, Reporting and recordkeeping
requirements and Volatile organic
compounds.
Dated: March 31, 2017.
V. Anne Heard,
Acting 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(e) is amended by
adding a new entry for ‘‘1997 8-hour
ozone maintenance plan update for the
Middle Tennessee Area and RVP
standard’’ at the end of the table to read
as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\01MYR1.SGM
01MYR1
*
*
20262
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
Applicable geographic
or nonattainment area
*
*
1997 8-hour ozone maintenance
plan update for the Middle
Tennessee Area and RVP
standard.
*
Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties.
[FR Doc. 2017–08646 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0648; A–1–FRL–
9958–37–Region 1]
Air Plan Approval; CT; Approval of
Single Source Orders
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut.
The revisions establish reasonably
available control technology (RACT) for
two facilities that emit volatile organic
compounds (VOCs) in the state.
Additionally, we are also approving
Connecticut’s request to withdraw seven
previously-approved single source
orders from the SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This direct final rule will be
effective June 30, 2017, unless EPA
receives adverse comments by May 31,
2017. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2016–0648 at https://
www.regulations.gov, or via email Anne
Arnold at: arnold.anne@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
State effective
date
*
11/21/2016
EPA approval date
*
*
5/1/2017, [Insert Federal Register citation].
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Description and Evaluation of VOC RACT
Order Submittals
1. Order for Mallace Industries
2. Order for Hamilton Sundstrand
III. Description and Evaluation of VOC RACT
Order Withdrawal Requests
1. Withdrawal Request for Pfizer Global
Manufacturing
2. Withdrawal Request for Coats North
America
3. Withdrawal Request for Uniroyal
Chemical Company
4. Withdrawal Request for Watson
Laboratories
5. Withdrawal Request for Pratt & Whitney
Aircraft
6. Withdrawal Request for Dow Chemical
7. Withdrawal Request for Sikorsky
Aircraft
IV. Final Action
V. Incorporation by Reference
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Explanation
*
VI. Statutory and Executive Order Reviews
I. Background and Purpose
The Clean Air Act (CAA) requires
states in the Ozone Transport Region
(OTR), as well as moderate and above
ozone nonattainment areas, to
implement RACT for major sources of
volatile organic compounds.
Connecticut is in the OTR and the state
is currently designated nonattainment
and classified as moderate for the 2008
ozone standard. See 40 CFR 81.307.
The Connecticut Department of
Energy and Environmental Protection
(CT DEEP) submitted to EPA two single
source orders establishing RACT for
sources of VOCs for incorporation into
the Connecticut State Implementation
Plan (SIP), and also submitted requests
to withdraw from the SIP seven
previously-approved orders. The two
orders submitted for approval are
Consent Order 8001, issued to Mallace
Industries, located in Clinton,
Connecticut, submitted to EPA on
January 13, 2006, and Consent Order
8029, issued to Hamilton Sundstrand,
located in Windsor Locks, Connecticut,
submitted to EPA on November 15,
2011. The seven withdrawal requests
are for the following previouslyapproved Consent Orders: Order 8021
issued to Pfizer Global Manufacturing;
Order 8032 issued to Heminway and
Bartlett Company (which was
subsequently renamed Coats North
America); Order 8009 issued to Uniroyal
Chemical Company; Order 8200 issued
to Watson Laboratories; Order 8014
issued to Pratt & Whitney Aircraft;
Order 8011 issued to the Dow Chemical
Company; and Order 8010 issued to
Sikorsky Aircraft.
A description of these submittals and
our evaluation of them appears below in
Section II of this document.
II. Description and Evaluation of VOC
RACT Order Submittals
1. Order for Mallace Industries
Consent Order 8001 was issued to
Frismar, Incorporated, located in
Clinton, Connecticut, on October 19,
1987, pursuant to section 22a–174–
20(cc) of the Regulations of Connecticut
E:\FR\FM\01MYR1.SGM
01MYR1
]]>Agencies
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20260-20262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08646]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0615; FRL-9961-48-Region 4]
Air Plan Approval; TN: Non-Interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement in Middle Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Tennessee's November 21, 2016, revision to its State
Implementation Plan (SIP), submitted through the Tennessee Department
of Environment and Conservation (TDEC), in support of the State's
request that EPA change the federal Reid Vapor Pressure (RVP)
requirements for Davidson, Rutherford, Sumner, Williamson, and Wilson
Counties (hereinafter referred to as the ``Middle Tennessee Area'' or
``Area''). Tennessee's November 21, 2016, SIP submittal revises its
maintenance plan for the Middle Tennessee Area for the 1997 8-hour
ozone national ambient air quality standard (NAAQS) and demonstrates
that relaxing the federal RVP requirements in this Area would not
interfere with the Area's ability to meet the requirements of the Clean
Air Act (CAA or Act). Specifically, Tennessee's SIP revision concludes
that relaxing the federal RVP requirement from 7.8 pounds per square
inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15
of each year in the Area would not interfere with attainment or
maintenance of the NAAQS or with any other CAA requirement. EPA has
determined that Tennessee's November 21, 2016, SIP revision is
consistent with the applicable provisions of the CAA.
DATES: This rule is effective May 1, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0615. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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: D. Brad Akers, 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. Akers can be reached via telephone at (404) 562-9089 or
via electronic mail at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for this final action?
On November 21, 2016, Tennessee submitted a SIP revision consisting
of a revision to its 110(a)(1) maintenance plan for the 1997 8-hour
ozone NAAQS for the Middle Tennessee Area and the technical
noninterference demonstration supporting the State's request to change
the federal RVP requirements from 7.8 psi to 9.0 psi in the Area. In a
notice of proposed rulemaking (NPR) published on February 24, 2017 (82
FR 11517), EPA proposed to approve the State's noninterference
demonstration and the updates to updated emissions inventory and
projections associated with the mobile source modeling used in the
State's noninterference demonstration related to RVP. The details of
Tennessee's submittal and the rationale for EPA's actions are explained
in the NPR. EPA did not receive any adverse comments on the proposed
action.
II. Final Action
EPA is approving Tennessee's November 21, 2016, SIP revision
consisting of a revision to its 110(a)(1) maintenance plan for the 1997
8-hour ozone NAAQS for the Middle Tennessee Area and the technical
noninterference demonstration supporting the State's request to change
the federal RVP requirements from 7.8 psi to 9.0 psi in the Area.
Specifically, EPA is finalizing updated emissions inventory and
projections associated with the mobile source modeling used in the
State's noninterference demonstration related to RVP. EPA has
determined that the change in the RVP requirements for Davidson,
Rutherford, Sumner, Williamson, and Wilson Counties will
[[Page 20261]]
not interfere with attainment or maintenance of any NAAQS or with any
other applicable requirement of the CAA.
EPA has determined that Tennessee's November 21, 2016, RVP-related
SIP revision is consistent with the applicable provisions of the CAA
for the reasons provided in the NPR. Through this action, EPA is not
removing the federal 7.8 psi RVP requirement for Davidson, Rutherford,
Sumner, Williamson, and Wilson Counties. Any such action would occur in
a separate rulemaking.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary because today's
action approves a noninterference demonstration that will serve as the
basis of a subsequent action to relieve the Area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule will serve as a basis for a subsequent action
to relieve the Area from certain CAA requirements. For these reasons,
EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become
effective on the date of publication of this action.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submittal 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, October 7, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 June 30, 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,
Particulate matter, Reporting and recordkeeping requirements and
Volatile organic compounds.
Dated: March 31, 2017.
V. Anne Heard,
Acting 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(e) is amended by adding a new entry for ``1997 8-
hour ozone maintenance plan update for the Middle Tennessee Area and
RVP standard'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 20262]]
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval
provision nonattainment effective date date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour ozone maintenance Davidson, 11/21/2016 5/1/2017, ...........................
plan update for the Middle Rutherford, [Insert Federal
Tennessee Area and RVP Sumner, Register
standard. Williamson, and citation].
Wilson Counties.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-08646 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P
