Air Plan Approval; Tennessee: Knox County NSR Reform, 46880-46882 [2018-20041]
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46880
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the US 17/US
258/SR 32/James River Bridge, which
carries US 17, US 258, and SR 32, across
the James River, mile 5.0, between Isle
of Wight and Newport News, VA. The
deviation is necessary to facilitate
bridge maintenance. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: The deviation is effective from 7
a.m. on September 26, 2018, through
12:01 a.m. on September 28, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0761 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Michael
Thorogood, Bridge Administration
Branch Fifth District, Coast Guard;
telephone 757–398–6557, email
Michael.R.Thorogood@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
owner and operator of the U.S. 17/U.S.
258/SR 32/James River Bridge which
carries U.S. 17, U.S. 258, SR 32, across
the James River, mile 5.0, between Isle
of Wight and Newport News, VA, has
requested a temporary deviation from
the current operating schedule to
facilitate replacement of a rotary cam
limit switch in the span drive system of
the vertical lift span of the drawbridge.
The bridge has a vertical clearance of 60
feet above mean high water in the
closed position and 145 feet above mean
high water in the open position.
The current operating schedule is set
out in 33 CFR 117.5. Under this
temporary deviation, the bridge will be
in the closed-to-navigation position
from 7 a.m. on September 26, 2018,
through 12:01 a.m. on September 28,
2018.
The James River is used by a variety
of vessels including deep draft oceangoing vessels, U.S. government and
public vessels, small commercial
vessels, tug and barge traffic, and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will not be able to open for
emergencies and there is no immediate
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SUMMARY:
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alternative route for vessels unable to
pass through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterway
through our Local Notice and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 11, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–20067 Filed 9–14–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0542; FRL–9983–
75—Region 4]
Air Plan Approval; Tennessee: Knox
County NSR Reform
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
several Tennessee State Implementation
Plan (SIP) revisions submitted by the
Tennessee Department of Environment
& Conservation (TDEC), on behalf of
Knox County’s Air Quality Management
Division, through letters dated March 7,
2017, and April 17, 2017. The SIP
revisions modify the Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations in the Knox County
portion of the Tennessee SIP to address
changes to the federal new source
review (NSR) regulations in recent years
for the implementation of the national
ambient air quality standards (NAAQS).
Additionally, the SIP revisions include
updates to Knox County’s minor source
permitting regulations. This action is
being approved pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule will be effective
October 17, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0542. All documents in the docket
SUMMARY:
PO 00000
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are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8966. Mr. Febres
can also be reached via electronic mail
at febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
EPA is finalizing approval of changes
to the Knox County portion of the
Tennessee SIP regarding PSD and NNSR
permitting, as well as updates to minor
NSR, submitted by TDEC on behalf of
Knox County’s Air Quality Management
Division.
On March 7, 2017, Tennessee
submitted two SIP revisions updating
Knox County’s Air Quality Management
Regulations, Section 41.0 entitled
‘‘Regulations for the Review of New
Sources,’’ and Section 45.0 entitled
‘‘Prevention of Significant
Deterioration.’’ 1 On April 17, 2017,
Tennessee submitted two additional SIP
revisions, including additional changes
to Section 41, and updates to Section
25.0 entitled ‘‘Permits.’’ 2 These SIP
revisions are meant to address changes
to the federal NSR regulations, as
1 EPA notes that the Agency may not have
received the submittal on this date, which is the
date of the State submittal’s cover letter.
2 EPA notes that the Agency may not have
received the submittal on this date, which is the
date of the State submittal’s cover letter.
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promulgated by EPA in various rules.
EPA is finalizing approval of the
aforementioned SIP submittals in their
entirety. Additional detail on these
submittals, as well as the analysis of the
changes and our rationale for approving
them is presented in EPA’s June 20,
2018, proposed rulemaking. See 83 FR
28568.
II. Background
Tennessee’s March 7, 2017, SIP
revisions make changes to Knox
County’s Air Quality Regulations,
Section 41.0—‘‘Regulations for the
Review of New Sources’’ and Section
45.0—‘‘Prevention of Significant
Deterioration’’ to address changes to the
federal NSR regulations, as promulgated
by EPA in the 2002 NSR Reform Rules,
and subsequent changes in other
relevant rulemakings.
As part of the changes to Section 41
and Section 45, Knox County adopted
all the necessary provisions of the
federal NNSR rules (found in 40 CFR
51.165) and the federal PSD rules (found
in 40 CFR 51.166) to make them
consistent with, and in some cases more
stringent than, the federal rules. These
changes included the adoption of
several definitions in the federal PSD
and NNSR rules, such as the definition
of ‘‘regulated NSR pollutant,’’ as well as
provisions regarding major NSR
applicability procedures, actual-toprojected-actual applicability tests,
plantwide applicability limits (PALs),
and recordkeeping. Additionally, in the
changes included in the March 7, 2017,
SIP submittal, Knox County adopted the
provisions of EPA’s Ozone Phase 2 Rule.
The April 17, 2017, SIP revision
included two changes to the Knox
County portion of the Tennessee SIP,
one making additional changes to
Section 41, and another updating
Section 25.0—‘‘Permits.’’ The revisions
to Section 41 include additional
changes to address several updates to
the federal PSD rules regarding the
PM2.5 NAAQS. As part of the revisions
to Section 25, Knox County amends
subsections 25.1—‘‘Construction
Permit,’’ and 25.3—‘‘Operating Permit,’’
to included changes to its NSR
construction and operating permit
regulations, as well as its minor NSR
program.
As mentioned above, EPA published
a notice of proposed rulemaking on June
20, 2018 (83 FR 28568), proposing to
approve the changes from Tennessee’s
March 7, 2017, and April 17, 2017, SIP
revisions. The proposed rulemaking
contains more detailed information
regarding the Tennessee SIP revisions
being approved and explains the
rationale for this action. Comments on
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the proposed rulemaking were due on or
before July 20, 2018. EPA received no
relevant comments.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Knox County’s Air
Quality Management Regulations,
Section 25.1—‘‘Construction Permit,’’
which is state effective January 18,
2017; Section 25.3—‘‘Operating
Permits,’’ which is state effective
January 18, 2017; 3 Section 41.0—
‘‘Regulations for the Review of New
Sources,’’ which is state effective
January 18, 2017; and Section 45.0—
‘‘Prevention of Significant
Deterioration,’’ which is state effective
July 20, 2016. These revisions amend
Knox County’s NSR rules to address
several changes to the federal NSR
regulations, as promulgated by EPA in
the 2002 NSR Reform Rules and
subsequent actions. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.4
IV. Final Action
EPA is finalizing approval of the
revisions presented in Tennessee’s
March 7, 2017, and April 17, 2017, SIP
submittals consisting of changes to
Knox County’s Air Quality Management
Regulations, Section 41.0 entitled
‘‘Regulations for the Review of New
Sources,’’ Section 45.0 entitled
‘‘Prevention of Significant
Deterioration,’’ and Section 25.0 entitled
‘‘Permits.’’
V. 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.
3 EPA is also reformatting the identification of the
SIP-approved portions of Section 25.0—‘‘Permits’’
in 40 CFR 52.2220(c) for ease of reference.
4 See 62 FR 27968 (May 22, 1997).
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46881
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. 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 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);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• 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 an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action 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
• Do 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
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Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
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 November 16, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 4, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(c) is amended in
Table 3 by:
■ a. Removing the entry for ‘‘25.0;’’
■ b. Adding the heading ‘‘Section 25.0—
Permits’’ and entries for ‘‘25.1,’’ ‘‘25.3,’’
and ‘‘25.2; 25.4; 25.5; 25.6; 25.7; 25. 10;
25.11’’ in numerical order; and
■ c. Revising the entries for ‘‘41.0’’ and
‘‘45.0’’.
The additions and revisions read as
follows:
■
§ 52.2220
Identification of plan.
*
40 CFR part 52 is amended as follows:
*
*
(c) * * *
*
*
*
*
*
*
*
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State section
State effective
date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanation
*
Section 25.0—Permits
25.1 ................................
Construction Permit ..............................................
1/18/2017
25.3 ................................
Operating Permit ..................................................
1/18/2017
25.2; 25.4; 25.5; 25.6;
25.7; 25.10; 25.11.
Application for Permit; Compliance Schedule;
Reporting of Information; Exemptions; Payment of Fees; Permit by Rule; Limiting a
Source’s Potential to Emit of VOC by Recordkeeping.
3/12/2014
*
41.0 ................................
*
*
*
Regulation for the Review of New Sources .........
45.0 ................................
Prevention of Significant Deterioration .................
*
*
1/18/2017 9/17/2018, [Insert citation of publication].
7/20/2016 9/17/2018, [Insert citation of publication].
*
*
*
*
*
*
*
*
[FR Doc. 2018–20041 Filed 9–14–18; 8:45 am]
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R05–OAR–2018–0008; FRL–9982–
61—Region 5]
Air Plan Approval; Wisconsin;
Particulate Matter Standard
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
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Final rule.
Frm 00034
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9/17/2018, [Insert citation of publication].
9/17/2018, [Insert citation of publication].
4/22/2016, 81 FR 23640.
Sfmt 4700
*
*
*
The Environmental Protection
Agency (EPA) is approving a January 4,
2018, request by the Wisconsin
Department of Natural Resources
(Wisconsin) to revise its state
implementation plan (SIP) for fine
particulate matter (PM2.5). Wisconsin
updated its ambient air quality
standards for PM2.5 to be consistent with
EPA’s 2012 revision to the PM2.5
national ambient air quality standards
(NAAQS). Wisconsin also revised its
incorporation by reference rule to
update references to the EPA monitoring
methods.
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46880-46882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20041]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0542; FRL-9983-75--Region 4]
Air Plan Approval; Tennessee: Knox County NSR Reform
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of several Tennessee State Implementation Plan (SIP) revisions
submitted by the Tennessee Department of Environment & Conservation
(TDEC), on behalf of Knox County's Air Quality Management Division,
through letters dated March 7, 2017, and April 17, 2017. The SIP
revisions modify the Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NNSR) regulations in the Knox County
portion of the Tennessee SIP to address changes to the federal new
source review (NSR) regulations in recent years for the implementation
of the national ambient air quality standards (NAAQS). Additionally,
the SIP revisions include updates to Knox County's minor source
permitting regulations. This action is being approved pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule will be effective October 17, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0542. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-8966. Mr. Febres can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
EPA is finalizing approval of changes to the Knox County portion of
the Tennessee SIP regarding PSD and NNSR permitting, as well as updates
to minor NSR, submitted by TDEC on behalf of Knox County's Air Quality
Management Division.
On March 7, 2017, Tennessee submitted two SIP revisions updating
Knox County's Air Quality Management Regulations, Section 41.0 entitled
``Regulations for the Review of New Sources,'' and Section 45.0
entitled ``Prevention of Significant Deterioration.'' \1\ On April 17,
2017, Tennessee submitted two additional SIP revisions, including
additional changes to Section 41, and updates to Section 25.0 entitled
``Permits.'' \2\ These SIP revisions are meant to address changes to
the federal NSR regulations, as
[[Page 46881]]
promulgated by EPA in various rules. EPA is finalizing approval of the
aforementioned SIP submittals in their entirety. Additional detail on
these submittals, as well as the analysis of the changes and our
rationale for approving them is presented in EPA's June 20, 2018,
proposed rulemaking. See 83 FR 28568.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency may not have received the
submittal on this date, which is the date of the State submittal's
cover letter.
\2\ EPA notes that the Agency may not have received the
submittal on this date, which is the date of the State submittal's
cover letter.
---------------------------------------------------------------------------
II. Background
Tennessee's March 7, 2017, SIP revisions make changes to Knox
County's Air Quality Regulations, Section 41.0--``Regulations for the
Review of New Sources'' and Section 45.0--``Prevention of Significant
Deterioration'' to address changes to the federal NSR regulations, as
promulgated by EPA in the 2002 NSR Reform Rules, and subsequent changes
in other relevant rulemakings.
As part of the changes to Section 41 and Section 45, Knox County
adopted all the necessary provisions of the federal NNSR rules (found
in 40 CFR 51.165) and the federal PSD rules (found in 40 CFR 51.166) to
make them consistent with, and in some cases more stringent than, the
federal rules. These changes included the adoption of several
definitions in the federal PSD and NNSR rules, such as the definition
of ``regulated NSR pollutant,'' as well as provisions regarding major
NSR applicability procedures, actual-to-projected-actual applicability
tests, plantwide applicability limits (PALs), and recordkeeping.
Additionally, in the changes included in the March 7, 2017, SIP
submittal, Knox County adopted the provisions of EPA's Ozone Phase 2
Rule.
The April 17, 2017, SIP revision included two changes to the Knox
County portion of the Tennessee SIP, one making additional changes to
Section 41, and another updating Section 25.0--``Permits.'' The
revisions to Section 41 include additional changes to address several
updates to the federal PSD rules regarding the PM2.5 NAAQS.
As part of the revisions to Section 25, Knox County amends subsections
25.1--``Construction Permit,'' and 25.3--``Operating Permit,'' to
included changes to its NSR construction and operating permit
regulations, as well as its minor NSR program.
As mentioned above, EPA published a notice of proposed rulemaking
on June 20, 2018 (83 FR 28568), proposing to approve the changes from
Tennessee's March 7, 2017, and April 17, 2017, SIP revisions. The
proposed rulemaking contains more detailed information regarding the
Tennessee SIP revisions being approved and explains the rationale for
this action. Comments on the proposed rulemaking were due on or before
July 20, 2018. EPA received no relevant comments.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Knox County's
Air Quality Management Regulations, Section 25.1--``Construction
Permit,'' which is state effective January 18, 2017; Section 25.3--
``Operating Permits,'' which is state effective January 18, 2017; \3\
Section 41.0--``Regulations for the Review of New Sources,'' which is
state effective January 18, 2017; and Section 45.0--``Prevention of
Significant Deterioration,'' which is state effective July 20, 2016.
These revisions amend Knox County's NSR rules to address several
changes to the federal NSR regulations, as promulgated by EPA in the
2002 NSR Reform Rules and subsequent actions. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\3\ EPA is also reformatting the identification of the SIP-
approved portions of Section 25.0--``Permits'' in 40 CFR 52.2220(c)
for ease of reference.
\4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is finalizing approval of the revisions presented in
Tennessee's March 7, 2017, and April 17, 2017, SIP submittals
consisting of changes to Knox County's Air Quality Management
Regulations, Section 41.0 entitled ``Regulations for the Review of New
Sources,'' Section 45.0 entitled ``Prevention of Significant
Deterioration,'' and Section 25.0 entitled ``Permits.''
V. 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. 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 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action 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
Do 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
[[Page 46882]]
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 November 16, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 4, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2220(c) is amended in Table 3 by:
0
a. Removing the entry for ``25.0;''
0
b. Adding the heading ``Section 25.0--Permits'' and entries for
``25.1,'' ``25.3,'' and ``25.2; 25.4; 25.5; 25.6; 25.7; 25. 10; 25.11''
in numerical order; and
0
c. Revising the entries for ``41.0'' and ``45.0''.
The additions and revisions read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
* * * * *
Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State section Title/subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 25.0--Permits
----------------------------------------------------------------------------------------------------------------
25.1......................... Construction Permit. 1/18/2017 9/17/2018,
[Insert
citation of
publication].
25.3......................... Operating Permit.... 1/18/2017 9/17/2018,
[Insert
citation of
publication].
25.2; 25.4; 25.5; 25.6; 25.7; Application for 3/12/2014 4/22/2016, 81
25.10; 25.11. Permit; Compliance FR 23640.
Schedule; Reporting
of Information;
Exemptions; Payment
of Fees; Permit by
Rule; Limiting a
Source's Potential
to Emit of VOC by
Recordkeeping.
* * * * * * *
41.0......................... Regulation for the 1/18/2017 9/17/2018,
Review of New [Insert
Sources. citation of
publication].
45.0......................... Prevention of 7/20/2016 9/17/2018,
Significant [Insert
Deterioration. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-20041 Filed 9-14-18; 8:45 am]
BILLING CODE 6560-50-P
