Air Quality Plans; Tennessee; Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 70895-70897 [2019-27542]
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
khammond on DSKJM1Z7X2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Coast Guard
Environmental Planning Policy,
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that does not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within 500
yards of U.S. navigable waters of a
vessel and barge being used to conduct
ROV operations. It is categorically
excluded from further review under
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paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
must obtain permission from the
Captain of the Port, Sault Sainte Marie,
or his on-scene representative via VHF
Channel 16 or telephone at (906) 635–
3233. Vessel operators given permission
to enter or operate in the safety zone
must comply with all orders given to
them by the Captain of the Port, Sault
Sainte Marie or his on-scene
representative.
(d) Enforcement period. This section
will be enforced from December 19,
2019 through December 27, 2019.
Dated: December 18, 2019.
A.E. Florentino,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sault Sainte Marie.
[FR Doc. 2019–27706 Filed 12–23–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0203; FRL–10003–
55–Region 4]
Air Quality Plans; Tennessee;
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
AGENCY:
2. Add § 165.T09–0965 to read as
follows:
SUMMARY:
■
§ 165.T09–0965 Safety Zone; Tug Nancy
Anne and Deck Barge MM–142 operating in
the Straits of Mackinac, MI.
(a) Location. The following area is a
safety zone: All navigable waters within
500 yards of Tug Nancy Anne and Deck
Barge MM–142 while conducting
remotely operated underwater vehicle
(ROV) operations in the Straits of
Mackinac.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone described in paragraph (a) is
prohibited unless authorized by the
Captain of the Port, Sault Sainte Marie
or his on-scene representative.
(2) Before a vessel operator may enter
or operate within the safety zone, they
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70895
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) submission,
provided by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
through a letter dated September 13,
2018, for inclusion into the Tennessee
SIP. This action pertains to the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 8hour ozone national ambient air quality
standard (NAAQS). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA. TDEC certified
that the Tennessee SIP contains
provisions that ensure the 2015 8-hour
ozone NAAQS is implemented,
enforced, and maintained in Tennessee.
EPA has determined that portions of
Tennessee’s SIP submission satisfy
certain required infrastructure elements
for the 2015 8-hour ozone NAAQS.
DATES: This rule will be effective
January 27, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
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70896
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
Identification No. EPA–R04–OAR–
2019–0203. 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,
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, 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, 30303–8960. Mr.
Lakeman can be reached via electronic
mail at lakeman.sean@epa.gov or via
telephone at (404) 562–9043.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015 (published
October 26, 2015, see 80 FR 65292), EPA
promulgated a revised primary and
secondary NAAQS for ozone revising
the 8-hour ozone NAAQS from 0.075
parts per million (ppm) to a new more
protective level of 0.070 ppm. Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIP revisions
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the NAAQS. This
particular type of SIP is commonly
referred to as an ‘‘infrastructure SIP.’’
States were required to submit such
SIPs for the 2015 8-hour ozone NAAQS
to EPA no later than October 1, 2018.1
1 In these infrastructure SIP submissions, states
generally certify evidence of compliance with
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This action is approving Tennessee’s
September 13, 2018,2 revision submitted
to EPA through TDEC for the applicable
infrastructure SIP requirements of the
2015 8-hour ozone NAAQS, with the
exception of the interstate transport
provisions of section 110(a)(2)(D)(i)(I)
pertaining to contribution to
nonattainment or interference with
maintenance in other states (prongs 1
and 2), and the prevention of significant
deterioration (PSD) provisions related to
major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) prong 3,
and 110(a)(2)(J). With respect to the
interstate transport provisions of section
110(a)(2)(D)(i)(I) and the PSD provisions
related to major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), EPA will address these in
separate rulemaking actions.
In a notice of proposed rulemaking
(NPRM) published on October 9, 2019
(84 FR 54080), EPA proposed to approve
Tennessee’s September 13, 2018,
revision submitted to EPA through
TDEC for the applicable infrastructure
SIP requirements of the 2015 8-hour
ozone NAAQS. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before November 8, 2019. EPA
received no comments on the NPRM.
II. Final Action
With the exception of interstate
transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and
2) pertaining to the contribution to
nonattainment or interference with
maintenance in other states and PSD
provisions related to major sources
under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J), EPA is approving
Tennessee’s September 13, 2018,
infrastructure submission for the 2015
8-hour ozone NAAQS for the above
described infrastructure SIP
requirements. EPA is approving
Tennessee’s infrastructure SIP
submission for the 2015 8-hour ozone
NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2).
2 The September 13, 2018, SIP submission
submitted by TDEC was received by EPA on
September 17, 2018.
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that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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).
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
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations
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 February 24, 2020. 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).
Dated: December 10, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
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, Volatile organic
compounds.
70897
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(e) is amended by
adding an entry for ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-hour Ozone NAAQS’’ at the end of the
table to read as follows:
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP provision
Applicable geographic or nonattainment area
110(a)(1) and (2) Infrastructure Requirements for the 2015 8-hour
Ozone NAAQS.
Tennessee ............
[FR Doc. 2019–27542 Filed 12–23–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R08–OAR–2019–0354; FRL–10003–
43–Region 8]
Finding of Failure To Attain and
Reclassification of Denver Area for the
2008 Ozone National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado nonattainment area
(Denver Area) failed to attain the 2008
ozone National Ambient Air Quality
Standard (NAAQS) by the applicable
attainment date for ‘‘Moderate’’
nonattainment areas. The effect of
failing to attain by the attainment date
is that the area will be reclassified by
operation of law to ‘‘Serious’’ upon the
effective date of this final
reclassification action. Along with the
reclassification, the EPA is finalizing
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 Dec 23, 2019
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State
effective
date
9/13/2018
EPA approval date
Explanation
12/26/2019 [Insert citation of publication].
With the exception of the PSD permitting requirements
of 110(a)(2)(C) and (J), and 110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2 and 3).
deadlines for submittal of SIP revisions
required under the new classification
and implementation of related control
requirements. This final action is
necessary to fulfill the EPA’s statutory
obligation to determine whether the
Denver Area attained the NAAQS by the
attainment date, and, within six months
of the attainment date, to publish a
document in the Federal Register
identifying each area that is determined
as having failed to attain and its
reclassification.
DATES: This rule is effective on January
27, 2020.
ADDRESSES: The EPA has established a
docket for this action under docket ID
no. EPA–R08–OAR–2019–0354. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI 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 through https://
www.regulations.gov; you may contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
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FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6563, fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our August 15,
2019 proposal, in which we proposed to
determine that the Denver Area failed to
attain the 2008 ozone NAAQS by the
applicable attainment date.1 The
proposed determination was based upon
complete, quality-assured, and certified
ozone monitoring data that showed that,
at 0.079 parts per million (ppm), the 8hour ozone design value for the area
exceeded 0.075 ppm for the period
2015–2017.2 The EPA proposed that the
1 Proposed Rule and Notice of Public Hearing,
Finding of Failure to Attain and Reclassification of
Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 41674 (Aug. 15, 2019).
2 See id.; Proposed Rule, Determinations of
Attainment by the Attainment Date, Extensions of
the Attainment Date, and Reclassification of Several
Areas Classified as Moderate for the 2008 Ozone
National Ambient Air Quality Standards, 83 FR
56781, 56784 (Nov. 14, 2018), Docket ID no. EPA–
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]]>Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Rules and Regulations]
[Pages 70895-70897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27542]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0203; FRL-10003-55-Region 4]
Air Quality Plans; Tennessee; Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) submission, provided by the State of
Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), through a letter dated September 13, 2018, for
inclusion into the Tennessee SIP. This action pertains to the
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2015 8-hour ozone national ambient air quality standard (NAAQS).
Whenever EPA promulgates a new or revised NAAQS, the CAA requires that
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each NAAQS promulgated by EPA. TDEC certified that
the Tennessee SIP contains provisions that ensure the 2015 8-hour ozone
NAAQS is implemented, enforced, and maintained in Tennessee. EPA has
determined that portions of Tennessee's SIP submission satisfy certain
required infrastructure elements for the 2015 8-hour ozone NAAQS.
DATES: This rule will be effective January 27, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
[[Page 70896]]
Identification No. EPA-R04-OAR-2019-0203. 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, 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, 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, 30303-8960. Mr. Lakeman can be reached via
electronic mail at [email protected] or via telephone at (404) 562-
9043.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015 (published October 26, 2015, see 80 FR 65292),
EPA promulgated a revised primary and secondary NAAQS for ozone
revising the 8-hour ozone NAAQS from 0.075 parts per million (ppm) to a
new more protective level of 0.070 ppm. Pursuant to section 110(a)(1)
of the CAA, states are required to submit SIP revisions meeting the
applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may prescribe. Section 110(a)(2) requires states to address basic
SIP elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP is
commonly referred to as an ``infrastructure SIP.'' States were required
to submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later
than October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions, states generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2).
---------------------------------------------------------------------------
This action is approving Tennessee's September 13, 2018,\2\
revision submitted to EPA through TDEC for the applicable
infrastructure SIP requirements of the 2015 8-hour ozone NAAQS, with
the exception of the interstate transport provisions of section
110(a)(2)(D)(i)(I) pertaining to contribution to nonattainment or
interference with maintenance in other states (prongs 1 and 2), and the
prevention of significant deterioration (PSD) provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) prong 3,
and 110(a)(2)(J). With respect to the interstate transport provisions
of section 110(a)(2)(D)(i)(I) and the PSD provisions related to major
sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), EPA will address these in separate rulemaking actions.
---------------------------------------------------------------------------
\2\ The September 13, 2018, SIP submission submitted by TDEC was
received by EPA on September 17, 2018.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on October 9,
2019 (84 FR 54080), EPA proposed to approve Tennessee's September 13,
2018, revision submitted to EPA through TDEC for the applicable
infrastructure SIP requirements of the 2015 8-hour ozone NAAQS. The
NPRM provides additional detail regarding the background and rationale
for EPA's action. Comments on the NPRM were due on or before November
8, 2019. EPA received no comments on the NPRM.
II. Final Action
With the exception of interstate transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to the
contribution to nonattainment or interference with maintenance in other
states and PSD provisions related to major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J), EPA is
approving Tennessee's September 13, 2018, infrastructure submission for
the 2015 8-hour ozone NAAQS for the above described infrastructure SIP
requirements. EPA is approving Tennessee's infrastructure SIP
submission for the 2015 8-hour ozone NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
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
[[Page 70897]]
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 February 24, 2020. 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, Volatile
organic compounds.
Dated: December 10, 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(e) is amended by adding an entry for ``110(a)(1) and
(2) Infrastructure Requirements for the 2015 8-hour Ozone NAAQS'' at
the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic or effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure Tennessee............... 9/13/2018 12/26/2019 [Insert With the exception
Requirements for the 2015 8- citation of of the PSD
hour Ozone NAAQS. publication]. permitting
requirements of
110(a)(2)(C) and
(J), and
110(a)(2)(D)(i)(I)
and (II) (prongs
1, 2 and 3).
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[FR Doc. 2019-27542 Filed 12-23-19; 8:45 am]
BILLING CODE 6560-50-P
