Air Plan Approval and Air Quality Designation; TN; Redesignation of the Knoxville 1997 Annual PM2.5, 40953-40957 [2017-18213]
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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations
EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued
State citation
Title/subject
State
approval
date
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Section 2202 ......
Contingency Plan .....................
1/20/2010 ....................
11/30/11, 76 FR 74000 ............
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Comments
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Section 2202 approved in the
Louisiana Register January
20, 2010 (LR 36:63).
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Chapter 25—Miscellaneous Incinerator Rules
Section 2511 ......
Section 2521 ......
Section 2531 ......
Standards of Performance for
Biomedical Waste Incinerators.
Refuse Incinerators ..................
1/20/2008 ....................
8/29/2017,
[Insert
Register citation].
Federal
1/20/2008 ....................
Federal
Standards of Performance for
Crematories.
1/20/2008 ....................
8/29/2017,
[Insert
Register citation].
8/29/2017,
[Insert
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[FR Doc. 2017–17844 Filed 8–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2017–0085; FRL–9966–92–
Region 4]
Air Plan Approval and Air Quality
Designation; TN; Redesignation of the
Knoxville 1997 Annual PM2.5
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jstallworth on DSKBBY8HB2PROD with RULES
AGENCY:
SUMMARY: On December 20, 2016,
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Knoxville, Tennessee fine
particulate matter (PM2.5) nonattainment
area (hereinafter referred to as the
‘‘Knoxville Area’’ or ‘‘Area’’) to
attainment for the 1997 Annual PM2.5
national ambient air quality standards
(NAAQS) and to approve a state
implementation plan (SIP) revision
containing a maintenance plan, a
reasonably available control measures
(RACM) determination, and sourcespecific requirements for the Area. EPA
is approving Tennessee’s RACM
determination for the Knoxville Area
and incorporating it into the SIP;
incorporating source-specific
requirements for two sources in the
Area into the SIP; determining that the
Knoxville Area is attaining the 1997
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*
Annual PM2.5 NAAQS based on 2013–
2015 data; approving Tennessee’s plan
for maintaining the 1997 Annual PM2.5
NAAQS for the Knoxville Area
(maintenance plan), including the
associated motor vehicle emission
budgets (MVEBs) for nitrogen oxides
(NOX) and direct PM2.5 for the years
2014 and 2028, and incorporating it into
the SIP; and redesignating the Knoxville
Area to attainment for the 1997 Annual
PM2.5 NAAQS.
DATES: This rule will be effective August
29, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0085. 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.
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FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, in the 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. Sean
Lakeman may be reached by phone at
(404) 562–9043, or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA promulgated
the first air quality standards for PM2.5.
EPA promulgated an annual standard at
a level of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations. In
the same rulemaking, EPA promulgated
a 24-hour standard of 65 mg/m3, based
on a 3-year average of the 98th
percentile of 24-hour concentrations. On
October 17, 2006 (71 FR 61144), EPA
retained the annual average NAAQS at
15.0 mg/m3 but revised the 24-hour
NAAQS to 35 mg/m3, based again on the
3-year average of the 98th percentile of
24-hour concentrations.
On January 5, 2005, at 70 FR 944, and
supplemented on April 14, 2005, at 70
FR 19844, EPA designated the Knoxville
Area as nonattainment for the 1997
Annual PM2.5 NAAQS. All 1997 PM2.5
NAAQS areas were designated under
title I, part D, subpart 1 (hereinafter
‘‘Subpart 1’’). Subpart 1 contains the
general requirements for nonattainment
areas for any pollutant governed by a
NAAQS and is less prescriptive than the
other subparts of title I, part D. On April
25, 2007 (72 FR 20586), EPA
promulgated its Clean Air Fine Particle
Implementation Rule, codified at 40
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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations
CFR part 51, subpart Z, in which the
Agency provided guidance for state and
tribal plans to implement the 1997 PM2.5
NAAQS. The United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) remanded the
Clean Air Fine Particle Implementation
Rule and the final rule entitled
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (73 FR 28321, May 16, 2008)
(collectively, ‘‘1997 PM2.5
Implementation Rules’’) to EPA on
January 4, 2013, in Natural Resources
Defense Council v. EPA, 706 F.3d 428
(D.C. Cir. 2013). The Court found that
EPA erred in implementing the 1997
PM2.5 NAAQS pursuant to the general
implementation provisions of Subpart 1,
rather than the particulate matterspecific provisions of title I, part D,
subpart 4 (hereinafter ‘‘Subpart 4’’).
On June 2, 2014, EPA published a rule
entitled ‘‘Identification of
Nonattainment Classification and
Deadlines for Submission of State
Implementation Plan (SIP) Provisions
for the 1997 Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) and 2006 PM2.5 NAAQS’’. See
79 FR 31566. In that rule, the Agency
responded to the D.C. Circuit’s January
2013 decision by identifying all PM2.5
nonattainment areas for the 1997 and
2006 PM2.5 NAAQS as ‘‘moderate’’
nonattainment areas under Subpart 4,
and by establishing a new SIP
submission date of December 31, 2014,
for moderate area attainment plans and
for any additional attainment-related or
nonattainment new source review plans
necessary for areas to comply with the
requirements applicable under Subpart
4. Id. at 31567–70.
Based on its moderate nonattainment
area classification, Tennessee was
required to submit a SIP revision
addressing RACM pursuant to CAA
section 172(c)(1) and section
189(a)(1)(C) for the Area. Although EPA
does not believe that section 172(c)(1)
and section 189(a)(1)(C) RACM must be
approved into a SIP prior to
redesignation of an area to attainment
once that area is attaining the NAAQS,
EPA is approving Tennessee’s RACM
determination and incorporating it into
its SIP pursuant to a recent decision by
the United States Court of Appeals for
the Sixth Circuit in Sierra Club v. EPA,
793 F.3d 656 (6th Cir. 2015).
In a notice of proposed rulemaking
(NPRM) published on May 30, 2017 (82
FR 24636), EPA proposed to: (1)
Approve Tennessee’s RACM
determination for the Knoxville Area
pursuant to CAA sections 172(c)(1) and
189(a)(1)(C) and incorporate it into the
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SIP; (2) determine that the Knoxville
Area is attaining the 1997 Annual PM2.5
NAAQS based on 2013–2015 air quality
data; (3) approve Tennessee’s
maintenance plan for the Knoxville
Area, including the 2014 and 2028
MVEBs for PM2.5 and NOX, and
incorporate it into the SIP; (4)
incorporate source-specific
requirements for two sources located in
the Area—the Tennessee Valley
Authority (TVA) Bull Run Fossil Plant
and TVA Kingston Fossil Plant—into
the SIP; and (5) redesignate the
Knoxville Area to attainment for the
1997 Annual PM2.5 NAAQS.1 The
details of Tennessee’s submittal and the
rationale for EPA’s actions are further
explained in the NPRM. EPA did not
receive any adverse comments on the
proposed action.
II. What are the effects of these actions?
EPA’s approval changes the legal
designation of Anderson, Blount, Knox,
and Loudon Counties and a portion of
Roane County for the 1997 Annual
PM2.5 NAAQS, found at 40 CFR part 81,
from nonattainment to attainment.
Approval of Tennessee’s associated SIP
revision also incorporates a plan for
maintaining the 1997 Annual PM2.5
NAAQS in the Area through 2028,
Tennessee’s RACM determination, and
source-specific requirements for two
sources in the Area into the Tennessee
SIP. The maintenance plan includes
contingency measures to remedy any
future violations of the 1997 Annual
PM2.5 NAAQS and procedures for
evaluation of potential violations. The
maintenance plan also includes NOX
and PM2.5 MVEBs for 2014 and 2028 for
the Knoxville Area. The 2014 and 2028
PM2.5 MVEBs are 444.78 tons per year
(tpy) and 245.00 tpy, respectively. The
2014 and 2028 NOX MVEBs are
15,597.73 tpy and 7,171.14 tpy,
respectively.
In the Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements final rule (PM2.5 SIP
Requirements Rule), EPA revoked the
1997 primary Annual PM2.5 NAAQS in
areas that had always been attainment
for that NAAQS, and in areas that had
been designated as nonattainment but
that were redesignated to attainment
before October 24, 2016, the rule’s
effective date. See 81 FR 58010 (August
24, 2016). EPA also finalized a provision
that revokes the 1997 primary Annual
PM2.5 NAAQS in areas that are
1 In a notice published in the Federal Register on
March 10, 2017, EPA announced that it had found
the MVEBs for the Knoxville Area for the 1997
Annual PM2.5 NAAQS adequate for transportation
conformity purposes. See 82 FR 13337.
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redesignated to attainment for that
NAAQS after October 24, 2016, effective
on the effective date of the redesignation
of the area to attainment for that
NAAQS. See 40 CFR 50.13(d).
EPA is finalizing the redesignation of
the Knoxville Area to attainment for the
1997 Annual PM2.5 NAAQS and
finalizing the approval of the CAA
section 175A maintenance plan for the
1997 primary Annual PM2.5 NAAQS.2
Therefore, the 1997 primary Annual
PM2.5 NAAQS will be revoked in the
Knoxville Area on the effective date of
this redesignation, August 29, 2017.
Beginning on that date, the Area will no
longer be subject to transportation or
general conformity requirements for the
1997 Annual PM2.5 NAAQS due to the
revocation of the primary NAAQS. See
81 FR 58125 (August 24, 2016). The
Area is required to implement the CAA
section 175A maintenance plan for the
1997 primary Annual PM2.5 NAAQS
that is being approved in this action and
the prevention of significant
deterioration program for the 1997
Annual PM2.5 NAAQS. The approved
maintenance plan can only be revised if
the revision meets the requirements of
CAA section 110(l) and, if applicable,
CAA section 193. The Area is not
required to submit a second 10-year
maintenance plan for the 1997 primary
Annual PM2.5 NAAQS. See 81 FR 58144
(August 24, 2016).
III. 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 the following Title V
permit limits and conditions in
Appendix L of Tennessee’s December
20, 2016 SIP revision, state effective on
December 20, 2016: Permit conditions
E3–4(a), (d), and (e), E3–15, and E3–16
for the TVA Kingston Fossil Plant, and
permit conditions E3–4(a), (d), and (e),
E3–15, and E3–16 for the TVA Bull Run
Fossil Plant. Therefore, these materials
have been approved by EPA for
inclusion in the State implementation
plan, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
2 CAA section 175A(a) establishes the
maintenance plan requirements that must be
fulfilled by nonattainment areas in order to be
redesignated to attainment. That section only
requires that nonattainment areas for the primary
standard submit a plan addressing maintenance of
the primary NAAQS in order to be redesignated to
attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans
in order to be redesignated to attainment. See 42
U.S.C. 7505a(a).
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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.3
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).
IV. Final Actions
EPA is taking the following final
actions: (1) Approving Tennessee’s
RACM determination for the Knoxville
Area pursuant to CAA sections 172(c)(1)
and 189(a)(1)(C) and incorporating it
into the SIP; (2) determining that the
Area is attaining the 1997 Annual PM2.5
NAAQS based on 2013–2015 data; (3)
approving Tennessee’s plan for
maintaining the 1997 Annual PM2.5
NAAQS (maintenance plan), including
the associated 2014 and 2028 MVEBs for
the Knoxville Area, and incorporating it
into the Tennessee SIP; (4)
incorporating source-specific
requirements for two sources in the
Area into the SIP; and (5) redesignating
the Knoxville Area to attainment for the
1997 Annual PM2.5 NAAQS.
Approval of the redesignation request
changes the official designation of
Anderson, Blount, Knox, and Loudon
Counties and a portion of Roane County
for the 1997 Annual PM2.5 NAAQS,
found at 40 CFR part 81 from
nonattainment to attainment.
As mentioned above, the PM2.5 SIP
Requirements Rule provides that the
1997 PM2.5 NAAQS will be revoked for
any area that is redesignated for the
NAAQS upon the effective date of the
redesignation. Therefore, the 1997
primary Annual PM2.5 NAAQS is
revoked for the Knoxville Area on the
effective date of this redesignation.
EPA has determined that these actions
are effective immediately upon
publication under the authority of 5
U.S.C. 553(d). The purpose of the 30day 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. Section 553(d)(3) 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.’’ EPA finds
good cause to make these actions
effective immediately pursuant to
section 553(d)(3) because they do not
create any new regulatory requirements
3 62
FR 27968 (May 22, 1997).
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such that affected parties would need
time to prepare before the actions take
effect. The RACM determination does
not create any new regulatory
requirements because it concludes that
no additional measures are necessary to
meet the State’s obligations to have fully
adopted RACM; incorporating the
aforementioned Title V permit terms
and conditions for the TVA Bull Run
Fossil Plant and the TVA Kingston
Fossil Plant into the SIP does not create
any new regulatory requirements
because these sources were subject, and
remain subject, to these terms and
conditions through their Title V
permits; and redesignating the Area to
attainment, including the associated
determination of attainment and
maintenance plan approval, relieves the
Area from certain CAA requirements
that would otherwise apply to it.
Because the redesignation relieves the
Area from requirements, its immediate
effective date is also authorized under
section 553(d)(1) which allows an
effective date less than 30 days after
publication if a substantive rule
‘‘relieves a restriction.’’
V. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January, 21, 2011);
• Do not impose an information
collection burden under the provisions
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40955
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs of 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 October 30, 2017. Filing a
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petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart RR—Tennessee
2. In § 52.2220:
a. The table in paragraph (d) is
amended by adding the entries ‘‘TVA
Bull Run Fossil Plant’’ and ‘‘TVA
Kingston Fossil Plant’’ at the end of the
table.
■ b. The table in paragraph (e) is
amended by adding the entries ‘‘1997
Annual PM2.5 Maintenance Plan for the
Knoxville Area’’ and ‘‘RACM
determination for the Knoxville Area for
the 1997 Annual PM2.5 NAAQS’’ at the
end of the table.
The additions read as follows:
■
■
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are 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.
§ 52.2220
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS
Name of source
State
effective
date
Permit No.
EPA approval date
*
*
*
TVA Bull Run Fossil Plant ...... n/a ..........................................
*
12/20/2016
*
8/29/2017, [insert Federal
Register citation].
TVA Kingston Fossil Plant ......
12/20/2016
Explanation
8/29/2017, [insert Federal
Register citation].
n/a ..........................................
*
*
Title V permit limits and conditions E3–4(a), (d), and
(e), E3–15, and E3–16 in
Appendix L of Tennessee’s
December 20, 2016 SIP revision.
Title V permit limits and conditions E3–4(a), (d), and
(e), E3–15, and E3–16 in
Appendix L of Tennessee’s
December 20, 2016 SIP revision.
(e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic
or nonattainment area
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*
*
*
1997 Annual PM2.5 MainteAnderson, Blount, Knox, and
nance Plan for the Knoxville
Loudon Counties and a
Area.
portion of Roane County
(the area described by U.S.
Census 2000 block group
identifier 47–145–0307–2.).
RACM determination for the
Anderson, Blount, Knox, and
Knoxville Area for the 1997
Loudon Counties and a
Annual PM2.5 NAAQS.
portion of Roane County
(the area described by U.S.
Census 2000 block group
identifier 47–145–0307–2.).
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State
effective
date
EPA approval date
*
12/20/2016
*
8/29/2017, [insert Federal
Register citation].
12/20/2016
8/29/2017, [insert Federal
Register citation].
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Explanation
*
*
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Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
amended by revising the entry
‘‘Knoxville, TN:’’ to read as follows:
4. In § 81.343, the table entitled
‘‘Tennessee—1997 Annual PM2.5
NAAQS [Primary and secondary]’’ is
■
3. The authority citation for part 81
continues to read as follows:
■
§ 81.343
*
*
Tennessee.
*
*
*
TENNESSEE—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
*
*
*
*
Knoxville, TN ....................................................................................................
Anderson County ......................................................................................
Blount County ...........................................................................................
Knox County .............................................................................................
Loudon County ..........................................................................................
Roane County (part) .................................................................................
The area described by U.S. Census 2000 block group identifier 47–145–
0307–2.
*
*
*
*
8/29/2017
........................
........................
........................
........................
........................
*
Date 2
Type
Type
*
*
*
*
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
*
*
*
*
Street NW., Washington, DC 20405.
Telephone Number 202–501–1460.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2017–18213 Filed 8–28–17; 8:45 am]
BILLING CODE 6560–50–P
I. The Debt Collection Improvement Act
of 1996
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–70
[FPMR Case 2016–101–1; Docket No. 2016–
0009; Sequence No. 1]
RIN 3090–AJ70
Program Fraud Civil Remedies Act of
1986, Civil Monetary Penalties Inflation
Adjustment
Office of General Counsel,
General Services Administration.
ACTION: Final rule.
jstallworth on DSKBBY8HB2PROD with RULES
AGENCY:
SUMMARY: In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule incorporates the
penalty inflation adjustments for the
civil monetary penalties set forth in the
United States Code, as codified in our
regulations.
DATES: Effective: September 28, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
VerDate Sep<11>2014
15:04 Aug 28, 2017
Jkt 241001
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) to require Federal
agencies to regularly adjust certain
CMPs for inflation and further amended
by the Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114–74). As
amended, the law requires each agency
to make an initial inflationary
adjustment for all applicable CMPs, and
to make further adjustments at least
once every year thereafter for these
penalty amounts. The Debt Collection
Improvement Act of 1996 further
stipulates that any resulting increases in
a CMP due to the calculated inflation
adjustments shall apply only to
violations which occur after the date the
increase takes effect, i.e., thirty (30) days
after date of publication in the Federal
Register. Pursuant to the 2015 Act,
agencies are required to adjust the level
of the CMP with an initial ‘‘catch up’’,
and make subsequent annual
adjustments for inflation. Catch up
adjustments are based on the percent
change between the Consumer Price
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Index for Urban Consumers (CPI–U) for
the month of October for the year of the
previous adjustment, and the October
2015 CPI–U. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of adjustment
and the prior year’s October CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
In 1986, sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–501) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute
imposes a CMP and an assessment
against any person who, with
knowledge or reason to know, makes,
submits, or presents a false, fictitious, or
fraudulent claim or statement to the
Government. The General Services
Administration’s regulations, published
in the Federal Register (61 FR 246,
December 20, 1996) and codified at 41
CFR part 105–70, set forth a CMP of up
to $5,500 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from dividing the
June 2015 CPI by the June 1996 CPI,
after rounding we are adjusting the
maximum penalty amount for this CMP
to $10,781 per violation.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking and public comment
procedures set forth in the
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 40953-40957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18213]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2017-0085; FRL-9966-92-Region 4]
Air Plan Approval and Air Quality Designation; TN; Redesignation
of the Knoxville 1997 Annual PM2.5 Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 20, 2016, Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), submitted a request
for the Environmental Protection Agency (EPA) to redesignate the
Knoxville, Tennessee fine particulate matter (PM2.5)
nonattainment area (hereinafter referred to as the ``Knoxville Area''
or ``Area'') to attainment for the 1997 Annual PM2.5
national ambient air quality standards (NAAQS) and to approve a state
implementation plan (SIP) revision containing a maintenance plan, a
reasonably available control measures (RACM) determination, and source-
specific requirements for the Area. EPA is approving Tennessee's RACM
determination for the Knoxville Area and incorporating it into the SIP;
incorporating source-specific requirements for two sources in the Area
into the SIP; determining that the Knoxville Area is attaining the 1997
Annual PM2.5 NAAQS based on 2013-2015 data; approving
Tennessee's plan for maintaining the 1997 Annual PM2.5 NAAQS
for the Knoxville Area (maintenance plan), including the associated
motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and direct PM2.5 for the years 2014 and
2028, and incorporating it into the SIP; and redesignating the
Knoxville Area to attainment for the 1997 Annual PM2.5
NAAQS.
DATES: This rule will be effective August 29, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0085. 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: Sean Lakeman of the Air Regulatory
Management Section, in the 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. Sean Lakeman may be reached by phone at (404) 562-9043, or
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
On January 5, 2005, at 70 FR 944, and supplemented on April 14,
2005, at 70 FR 19844, EPA designated the Knoxville Area as
nonattainment for the 1997 Annual PM2.5 NAAQS. All 1997
PM2.5 NAAQS areas were designated under title I, part D,
subpart 1 (hereinafter ``Subpart 1''). Subpart 1 contains the general
requirements for nonattainment areas for any pollutant governed by a
NAAQS and is less prescriptive than the other subparts of title I, part
D. On April 25, 2007 (72 FR 20586), EPA promulgated its Clean Air Fine
Particle Implementation Rule, codified at 40
[[Page 40954]]
CFR part 51, subpart Z, in which the Agency provided guidance for state
and tribal plans to implement the 1997 PM2.5 NAAQS. The
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) remanded the Clean Air Fine Particle Implementation Rule
and the final rule entitled ``Implementation of the New Source Review
(NSR) Program for Particulate Matter Less than 2.5 Micrometers
(PM2.5)'' (73 FR 28321, May 16, 2008) (collectively, ``1997
PM2.5 Implementation Rules'') to EPA on January 4, 2013, in
Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
2013). The Court found that EPA erred in implementing the 1997
PM2.5 NAAQS pursuant to the general implementation
provisions of Subpart 1, rather than the particulate matter-specific
provisions of title I, part D, subpart 4 (hereinafter ``Subpart 4'').
On June 2, 2014, EPA published a rule entitled ``Identification of
Nonattainment Classification and Deadlines for Submission of State
Implementation Plan (SIP) Provisions for the 1997 Fine Particle
(PM2.5) National Ambient Air Quality Standard (NAAQS) and
2006 PM2.5 NAAQS''. See 79 FR 31566. In that rule, the
Agency responded to the D.C. Circuit's January 2013 decision by
identifying all PM2.5 nonattainment areas for the 1997 and
2006 PM2.5 NAAQS as ``moderate'' nonattainment areas under
Subpart 4, and by establishing a new SIP submission date of December
31, 2014, for moderate area attainment plans and for any additional
attainment-related or nonattainment new source review plans necessary
for areas to comply with the requirements applicable under Subpart 4.
Id. at 31567-70.
Based on its moderate nonattainment area classification, Tennessee
was required to submit a SIP revision addressing RACM pursuant to CAA
section 172(c)(1) and section 189(a)(1)(C) for the Area. Although EPA
does not believe that section 172(c)(1) and section 189(a)(1)(C) RACM
must be approved into a SIP prior to redesignation of an area to
attainment once that area is attaining the NAAQS, EPA is approving
Tennessee's RACM determination and incorporating it into its SIP
pursuant to a recent decision by the United States Court of Appeals for
the Sixth Circuit in Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
In a notice of proposed rulemaking (NPRM) published on May 30, 2017
(82 FR 24636), EPA proposed to: (1) Approve Tennessee's RACM
determination for the Knoxville Area pursuant to CAA sections 172(c)(1)
and 189(a)(1)(C) and incorporate it into the SIP; (2) determine that
the Knoxville Area is attaining the 1997 Annual PM2.5 NAAQS
based on 2013-2015 air quality data; (3) approve Tennessee's
maintenance plan for the Knoxville Area, including the 2014 and 2028
MVEBs for PM2.5 and NOX, and incorporate it into
the SIP; (4) incorporate source-specific requirements for two sources
located in the Area--the Tennessee Valley Authority (TVA) Bull Run
Fossil Plant and TVA Kingston Fossil Plant--into the SIP; and (5)
redesignate the Knoxville Area to attainment for the 1997 Annual
PM2.5 NAAQS.\1\ The details of Tennessee's submittal and the
rationale for EPA's actions are further explained in the NPRM. EPA did
not receive any adverse comments on the proposed action.
---------------------------------------------------------------------------
\1\ In a notice published in the Federal Register on March 10,
2017, EPA announced that it had found the MVEBs for the Knoxville
Area for the 1997 Annual PM2.5 NAAQS adequate for
transportation conformity purposes. See 82 FR 13337.
---------------------------------------------------------------------------
II. What are the effects of these actions?
EPA's approval changes the legal designation of Anderson, Blount,
Knox, and Loudon Counties and a portion of Roane County for the 1997
Annual PM2.5 NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. Approval of Tennessee's associated SIP
revision also incorporates a plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Area through 2028, Tennessee's RACM
determination, and source-specific requirements for two sources in the
Area into the Tennessee SIP. The maintenance plan includes contingency
measures to remedy any future violations of the 1997 Annual
PM2.5 NAAQS and procedures for evaluation of potential
violations. The maintenance plan also includes NOX and
PM2.5 MVEBs for 2014 and 2028 for the Knoxville Area. The
2014 and 2028 PM2.5 MVEBs are 444.78 tons per year (tpy) and
245.00 tpy, respectively. The 2014 and 2028 NOX MVEBs are
15,597.73 tpy and 7,171.14 tpy, respectively.
In the Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule
(PM2.5 SIP Requirements Rule), EPA revoked the 1997 primary
Annual PM2.5 NAAQS in areas that had always been attainment
for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. See 81 FR 58010 (August 24, 2016). EPA also
finalized a provision that revokes the 1997 primary Annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. See 40 CFR
50.13(d).
EPA is finalizing the redesignation of the Knoxville Area to
attainment for the 1997 Annual PM2.5 NAAQS and finalizing
the approval of the CAA section 175A maintenance plan for the 1997
primary Annual PM2.5 NAAQS.\2\ Therefore, the 1997 primary
Annual PM2.5 NAAQS will be revoked in the Knoxville Area on
the effective date of this redesignation, August 29, 2017. Beginning on
that date, the Area will no longer be subject to transportation or
general conformity requirements for the 1997 Annual PM2.5
NAAQS due to the revocation of the primary NAAQS. See 81 FR 58125
(August 24, 2016). The Area is required to implement the CAA section
175A maintenance plan for the 1997 primary Annual PM2.5
NAAQS that is being approved in this action and the prevention of
significant deterioration program for the 1997 Annual PM2.5
NAAQS. The approved maintenance plan can only be revised if the
revision meets the requirements of CAA section 110(l) and, if
applicable, CAA section 193. The Area is not required to submit a
second 10-year maintenance plan for the 1997 primary Annual
PM2.5 NAAQS. See 81 FR 58144 (August 24, 2016).
---------------------------------------------------------------------------
\2\ CAA section 175A(a) establishes the maintenance plan
requirements that must be fulfilled by nonattainment areas in order
to be redesignated to attainment. That section only requires that
nonattainment areas for the primary standard submit a plan
addressing maintenance of the primary NAAQS in order to be
redesignated to attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans in order to be
redesignated to attainment. See 42 U.S.C. 7505a(a).
---------------------------------------------------------------------------
III. 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 the following
Title V permit limits and conditions in Appendix L of Tennessee's
December 20, 2016 SIP revision, state effective on December 20, 2016:
Permit conditions E3-4(a), (d), and (e), E3-15, and E3-16 for the TVA
Kingston Fossil Plant, and permit conditions E3-4(a), (d), and (e), E3-
15, and E3-16 for the TVA Bull Run Fossil Plant. Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of
[[Page 40955]]
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.\3\ 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).
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Actions
EPA is taking the following final actions: (1) Approving
Tennessee's RACM determination for the Knoxville Area pursuant to CAA
sections 172(c)(1) and 189(a)(1)(C) and incorporating it into the SIP;
(2) determining that the Area is attaining the 1997 Annual
PM2.5 NAAQS based on 2013-2015 data; (3) approving
Tennessee's plan for maintaining the 1997 Annual PM2.5 NAAQS
(maintenance plan), including the associated 2014 and 2028 MVEBs for
the Knoxville Area, and incorporating it into the Tennessee SIP; (4)
incorporating source-specific requirements for two sources in the Area
into the SIP; and (5) redesignating the Knoxville Area to attainment
for the 1997 Annual PM2.5 NAAQS.
Approval of the redesignation request changes the official
designation of Anderson, Blount, Knox, and Loudon Counties and a
portion of Roane County for the 1997 Annual PM2.5 NAAQS,
found at 40 CFR part 81 from nonattainment to attainment.
As mentioned above, the PM2.5 SIP Requirements Rule
provides that the 1997 PM2.5 NAAQS will be revoked for any
area that is redesignated for the NAAQS upon the effective date of the
redesignation. Therefore, the 1997 primary Annual PM2.5
NAAQS is revoked for the Knoxville Area on the effective date of this
redesignation.
EPA has determined that these actions are effective immediately
upon publication under the authority of 5 U.S.C. 553(d). 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. Section 553(d)(3) 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.'' EPA finds good cause to make these actions effective
immediately pursuant to section 553(d)(3) because they do not create
any new regulatory requirements such that affected parties would need
time to prepare before the actions take effect. The RACM determination
does not create any new regulatory requirements because it concludes
that no additional measures are necessary to meet the State's
obligations to have fully adopted RACM; incorporating the
aforementioned Title V permit terms and conditions for the TVA Bull Run
Fossil Plant and the TVA Kingston Fossil Plant into the SIP does not
create any new regulatory requirements because these sources were
subject, and remain subject, to these terms and conditions through
their Title V permits; and redesignating the Area to attainment,
including the associated determination of attainment and maintenance
plan approval, relieves the Area from certain CAA requirements that
would otherwise apply to it. Because the redesignation relieves the
Area from requirements, its immediate effective date is also authorized
under section 553(d)(1) which allows an effective date less than 30
days after publication if a substantive rule ``relieves a
restriction.''
V. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January, 21, 2011);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs of 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 October 30, 2017. Filing a
[[Page 40956]]
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220:
0
a. The table in paragraph (d) is amended by adding the entries ``TVA
Bull Run Fossil Plant'' and ``TVA Kingston Fossil Plant'' at the end of
the table.
0
b. The table in paragraph (e) is amended by adding the entries ``1997
Annual PM2.5 Maintenance Plan for the Knoxville Area'' and
``RACM determination for the Knoxville Area for the 1997 Annual
PM2.5 NAAQS'' at the end of the table.
The additions read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
TVA Bull Run Fossil Plant........ n/a................ 12/20/2016 8/29/2017, [insert Title V permit
Federal Register limits and
citation]. conditions E3-
4(a), (d), and
(e), E3-15, and E3-
16 in Appendix L
of Tennessee's
December 20, 2016
SIP revision.
TVA Kingston Fossil Plant........ n/a................ 12/20/2016 8/29/2017, [insert Title V permit
Federal Register limits and
citation]. conditions E3-
4(a), (d), and
(e), E3-15, and E3-
16 in Appendix L
of Tennessee's
December 20, 2016
SIP revision.
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Anderson, Blount, 12/20/2016 8/29/2017, [insert
Plan for the Knoxville Area. Knox, and Loudon Federal Register
Counties and a citation].
portion of Roane
County (the area
described by U.S.
Census 2000 block
group identifier
47-145-0307-2.).
RACM determination for the Anderson, Blount, 12/20/2016 8/29/2017, [insert
Knoxville Area for the 1997 Knox, and Loudon Federal Register
Annual PM2.5 NAAQS. Counties and a citation].
portion of Roane
County (the area
described by U.S.
Census 2000 block
group identifier
47-145-0307-2.).
----------------------------------------------------------------------------------------------------------------
[[Page 40957]]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.343, the table entitled ``Tennessee--1997 Annual
PM2.5 NAAQS [Primary and secondary]'' is amended by revising
the entry ``Knoxville, TN:'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Knoxville, TN....................... 8/29/2017 Attainment................
Anderson County................. .............. Attainment................
Blount County................... .............. Attainment................
Knox County..................... .............. Attainment................
Loudon County................... .............. Attainment................
Roane County (part)............. .............. Attainment................
The area described by U.S. Census
2000 block group identifier 47-145-
0307-2.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2017-18213 Filed 8-28-17; 8:45 am]
BILLING CODE 6560-50-P
