Air Plan Approval; TN; Updates to the National Ambient Air Quality Standards for Chattanooga, 37099-37101 [2019-16194]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
AGENCY:
Pollution Control Bureau by a letter
dated September 12, 2018. The revision
updates the National Ambient Air
Quality Standards (NAAQS) in the
Chattanooga portion of the Tennessee
SIP. The amendments in the Tennessee
SIP reflect recent revisions made to the
federal NAAQS. EPA is approving the
changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule will be effective August
30, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2019–0004. 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 and Radiation Division
(formerly the 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:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA or Agency) is taking final
action to approve a revision to the
Chattanooga portion of the Tennessee
State Implementation Plan (SIP),
provided by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation from
Chattanooga/Hamilton County Air
I. Background
Sections 108 and 109 of the CAA
govern the establishment, review, and
revision, as appropriate, of the NAAQS
to protect public health and welfare for
six criteria pollutants: ozone, particulate
matter (PM) (including fine particulate
matter, or PM2.5), carbon monoxide,
lead, sulfur dioxide, and nitrogen
dioxide. The CAA requires periodic
review of the air quality criteria, the
is filed through TEAS in accordance
with § 7.4(a), or typed on the official
paper form issued by the International
Bureau, if permitted under § 7.4(c) or
accepted on petition pursuant to
§ 7.4(d). The subsequent designation
must contain all of the following:
*
*
*
*
*
(7) The U.S. transmittal fee required
by § 7.6; and
(8) If the subsequent designation is
filed through TEAS, the subsequent
designation fees (see § 7.7).
(c) If the subsequent designation is
accorded a date of receipt, the Office
will then forward the subsequent
designation to the International Bureau.
*
*
*
*
*
■ 30. Amend § 7.25 by revising
paragraph (a) to read as follows:
§ 7.25 Sections of part 2 applicable to
extension of protection.
(a) Except for §§ 2.21, 2.22, 2.76, 2.88,
2.89, 2.130, 2.131, 2.160 through 2.166,
2.168, 2.173, 2.175, and 2.181 through
2.186, all sections in parts 2 and 11 of
this chapter shall apply to an extension
of protection of an international
registration to the United States,
including sections related to
proceedings before the Trademark Trial
and Appeal Board, unless otherwise
stated.
*
*
*
*
*
Dated: July 25, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2019–16259 Filed 7–30–19; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0004; FRL–9997–38Region 4]
Air Plan Approval; TN; Updates to the
National Ambient Air Quality
Standards for Chattanooga
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
VerDate Sep<11>2014
19:26 Jul 30, 2019
Jkt 247001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
37099
science upon which the standards are
based, and the standards themselves.
EPA’s regulatory provisions that govern
the NAAQS are found at 40 CFR 50,
National Primary and Secondary
Ambient Air Quality Standards.
EPA is taking final action to approve
changes to the Chattanooga portion of
the Tennessee SIP that were provided to
EPA through a letter dated September
12, 2018.1 EPA is finalizing approval of
the portions of this SIP revision that
make changes to air quality rules in Part
II, Chapter 4, Article II, Section 4–41.2
The September 12, 2018, SIP revision
makes changes to the SIP that deletes
the current version and substitutes a
revised version of Part II, Chapter 4,
Article II, Section 4–41, Rule 21 of the
Chattanooga City Code ‘‘Ambient Air
Quality Standards.’’ Hamilton County
revised its rule to be consistent with
changes to the federal NAAQS.
In a notice of proposed rulemaking
(NPRM) published on March 29, 2019
(84 FR 11917), EPA proposed to approve
the aforementioned changes to Part II,
Chapter 4, Article II, Section 4–41 in the
Chattanooga portion of the Tennessee
SIP, which address the NAAQS. The
NPRM provides additional details
regarding EPA’s action. Comments on
the NPRM were due on or before April
29, 2019.
II. Response to Comments
EPA received one potentially adverse
comment on its March 29, 2019, NPRM.
This comment is provided in the docket
for today’s final action. EPA has
summarized and responded to the
comment below.
Comment: The Commenter notes that
‘‘high levels of ground level ozone,
airborne particles and other matter’’
pose a threat to human health, ‘‘making
this proposal a public concern.’’ The
Commenter also states that any changes
to the SIP ‘‘must consider any changes
in location of monitoring sites, protocol
of air quality monitoring and quality
standards sample so that there is no
heteroskedasticity which could lead to
corruption of time measure data.’’
According to the Commenter, if any of
these changes have been made, ‘‘further
scrutiny should be made concerning the
motive or whether data has been skewed
in favor of noncompliance.’’ The
Commenter further states that it is
‘‘important that careful consideration
and verification be given to this
proposed revision.’’
1 EPA notes that the Agency received the SIP
revision on September 18, 2018.
2 As discussed in the NPRM, EPA does not
recognize gaseous fluorides as criteria pollutants
and EPA is not acting to approve the standard
related to gaseous fluorides. See 84 FR 11917, n.4.
E:\FR\FM\31JYR1.SGM
31JYR1
37100
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
Response: It is unclear how the
commenter would like EPA to change
the proposed rule. To the extent the
commenter is concerned about the
health effects of air pollution, EPA notes
that final approval of this SIP revision
will incorporate more protective
NAAQS into the Chattanooga portion of
the Tennessee SIP. To the extent the
commenter is concerned about air
quality monitoring, these concerns are
outside of the scope of this rulemaking,
which updates Tennessee’s SIP solely to
reflect the current NAAQS. Tennessee’s
SIP revision does not change the
location of any monitoring sites or any
air quality monitoring plans. EPA
further notes that it has carefully
evaluated the SIP revision and is
approving it for the reasons discussed in
this notice and the NPRM.
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 changes to the
Chattanooga portion of the Tennessee
SIP at Part II, Chapter 4, Article II,
Section 4–41, Rule 21, state effective
January 23, 2017. 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
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 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.3
IV. Final Action
EPA is taking final action to approve
changes to Part II, Chapter 4, Article II,
Section 4–41, Rule 21, of the
Chattanooga portion of the Tennessee
SIP because the changes are consistent
with section 110 of the CAA.
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,
3 See
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 30, 2019. 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, Sulfur oxides, Volatile
organic compounds, Lead, Carbon
Monoxide.
Dated: July 18, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart RR–Tennessee
2. Section 52.2220(c), Table 4, is
amended under Article II. Section 4–41
Rules, Regulations, Criteria, Standards
by revising the entry for ‘‘Section 4–41
Rule 21’’ to read as follows:
■
62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
19:26 Jul 30, 2019
Jkt 247001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
E:\FR\FM\31JYR1.SGM
31JYR1
37101
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
§ 52.2220
*
*
Identification of plan.
*
*
(c) * * *
*
TABLE 4—EPA-APPROVED CHATTANOOGA REGULATIONS
State section
Title/subject
*
Adoption date
*
EPA approval date
*
*
Explanation
*
*
*
Article II. Section 4–41 Rules, Regulations, Criteria, Standards
*
Section 4–41
Rule 21.
*
Ambient Air Quality Standards.
*
*
*
*
1/23/17
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0759; FRL–9997–40Region4]
Air Plan Approval; Kentucky; Interstate
Transport (Prongs 1 and 2) for the 2010
1-Hour NO2 Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky, through the Kentucky Energy
and Environment Cabinet by a letter
dated November 16, 2018, for the
purpose of addressing the Clean Air Act
(CAA or Act) ‘‘good neighbor’’ interstate
transport (prongs 1 and 2) infrastructure
SIP requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is finalizing approval
of Kentucky’s November 16, 2018, SIP
revision addressing prongs 1 and 2 to
ensure that air emissions in Kentucky
do not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in any other state.
DATES: This rule is effective August 30,
2019.
SUMMARY:
20:26 Jul 30, 2019
*
*
*
*
With the exception of the portions related to the
standard for gaseous fluorides, which are not approved into the SIP.
*
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0759. All documents in these
dockets 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 and Radiation Division
(formerly the 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:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can be reached by phone at
(404) 562–9009 or via electronic mail at
adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2019–16194 Filed 7–30–19; 8:45 am]
VerDate Sep<11>2014
*
7/31/2019, [Insert citation
of publication].
Jkt 247001
I. Background
On January 22, 2010, EPA established
a new 1-hour primary NAAQS for NO2
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
*
*
at a level of 100 parts per billion (ppb),
based on a 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations.
See 75 FR 6474 (February 9, 2010). This
NAAQS is designed to protect against
exposure to the entire group of nitrogen
oxides (NOx). NO2 is the component of
greatest concern and is used as the
indicator for the larger group of NOx.
Emissions that lead to the formation of
NO2 generally also lead to the formation
of other NOx. Therefore, control
measures that reduce NO2 can generally
be expected to reduce population
exposures to all gaseous NOx, which
may reduce the formation of ozone and
fine particles, both of which pose
significant public health threats. For
comprehensive information on the 2010
1-hour NO2 NAAQS, please refer to the
February 9, 2010 (75 FR 6474), Federal
Register notice.
When EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ These
submissions must meet the various
requirements of CAA section 110(a)(2),
as applicable. Due to ambiguity in some
of the language of CAA section
110(a)(2), EPA believes that it is
appropriate to interpret these provisions
in the specific context of acting on
infrastructure SIP submissions. EPA has
previously provided comprehensive
guidance on the application of these
provisions through a guidance
document for infrastructure SIP
submissions and through regional
actions on infrastructure submissions.
Unless otherwise noted below, EPA is
following that existing approach in
acting on this submission. In addition,
in the context of acting on such
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37099-37101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16194]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0004; FRL-9997-38-Region 4]
Air Plan Approval; TN; Updates to the National Ambient Air
Quality Standards for Chattanooga
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking
final action to approve a revision to the Chattanooga portion of the
Tennessee State Implementation Plan (SIP), provided by the State of
Tennessee, through the Tennessee Department of Environment and
Conservation from Chattanooga/Hamilton County Air Pollution Control
Bureau by a letter dated September 12, 2018. The revision updates the
National Ambient Air Quality Standards (NAAQS) in the Chattanooga
portion of the Tennessee SIP. The amendments in the Tennessee SIP
reflect recent revisions made to the federal NAAQS. EPA is approving
the changes because they are consistent with the Clean Air Act (CAA or
Act).
DATES: This rule will be effective August 30, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2019-0004. 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 and Radiation Division (formerly the 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: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare for six criteria pollutants: ozone, particulate matter (PM)
(including fine particulate matter, or PM2.5), carbon
monoxide, lead, sulfur dioxide, and nitrogen dioxide. The CAA requires
periodic review of the air quality criteria, the science upon which the
standards are based, and the standards themselves. EPA's regulatory
provisions that govern the NAAQS are found at 40 CFR 50, National
Primary and Secondary Ambient Air Quality Standards.
EPA is taking final action to approve changes to the Chattanooga
portion of the Tennessee SIP that were provided to EPA through a letter
dated September 12, 2018.\1\ EPA is finalizing approval of the portions
of this SIP revision that make changes to air quality rules in Part II,
Chapter 4, Article II, Section 4-41.\2\ The September 12, 2018, SIP
revision makes changes to the SIP that deletes the current version and
substitutes a revised version of Part II, Chapter 4, Article II,
Section 4-41, Rule 21 of the Chattanooga City Code ``Ambient Air
Quality Standards.'' Hamilton County revised its rule to be consistent
with changes to the federal NAAQS.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received the SIP revision on
September 18, 2018.
\2\ As discussed in the NPRM, EPA does not recognize gaseous
fluorides as criteria pollutants and EPA is not acting to approve
the standard related to gaseous fluorides. See 84 FR 11917, n.4.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on March 29,
2019 (84 FR 11917), EPA proposed to approve the aforementioned changes
to Part II, Chapter 4, Article II, Section 4-41 in the Chattanooga
portion of the Tennessee SIP, which address the NAAQS. The NPRM
provides additional details regarding EPA's action. Comments on the
NPRM were due on or before April 29, 2019.
II. Response to Comments
EPA received one potentially adverse comment on its March 29, 2019,
NPRM. This comment is provided in the docket for today's final action.
EPA has summarized and responded to the comment below.
Comment: The Commenter notes that ``high levels of ground level
ozone, airborne particles and other matter'' pose a threat to human
health, ``making this proposal a public concern.'' The Commenter also
states that any changes to the SIP ``must consider any changes in
location of monitoring sites, protocol of air quality monitoring and
quality standards sample so that there is no heteroskedasticity which
could lead to corruption of time measure data.'' According to the
Commenter, if any of these changes have been made, ``further scrutiny
should be made concerning the motive or whether data has been skewed in
favor of noncompliance.'' The Commenter further states that it is
``important that careful consideration and verification be given to
this proposed revision.''
[[Page 37100]]
Response: It is unclear how the commenter would like EPA to change
the proposed rule. To the extent the commenter is concerned about the
health effects of air pollution, EPA notes that final approval of this
SIP revision will incorporate more protective NAAQS into the
Chattanooga portion of the Tennessee SIP. To the extent the commenter
is concerned about air quality monitoring, these concerns are outside
of the scope of this rulemaking, which updates Tennessee's SIP solely
to reflect the current NAAQS. Tennessee's SIP revision does not change
the location of any monitoring sites or any air quality monitoring
plans. EPA further notes that it has carefully evaluated the SIP
revision and is approving it for the reasons discussed in this notice
and the NPRM.
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 changes to
the Chattanooga portion of the Tennessee SIP at Part II, Chapter 4,
Article II, Section 4-41, Rule 21, state effective January 23, 2017.
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 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 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.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is taking final action to approve changes to Part II, Chapter
4, Article II, Section 4-41, Rule 21, of the Chattanooga portion of the
Tennessee SIP because the changes are consistent with section 110 of
the CAA.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 2019. 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, Sulfur
oxides, Volatile organic compounds, Lead, Carbon Monoxide.
Dated: July 18, 2019.
Mary S. Walker,
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), Table 4, is amended under Article II. Section 4-
41 Rules, Regulations, Criteria, Standards by revising the entry for
``Section 4-41 Rule 21'' to read as follows:
[[Page 37101]]
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 4--EPA-Approved Chattanooga Regulations
----------------------------------------------------------------------------------------------------------------
State section Title/subject Adoption date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4-41 Rule 21........... Ambient Air 1/23/17 7/31/2019, [Insert With the exception of
Quality Standards. citation of the portions related
publication]. to the standard for
gaseous fluorides,
which are not approved
into the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-16194 Filed 7-30-19; 8:45 am]
BILLING CODE 6560-50-P
