Air Plan Approval; Tennessee; Chattanooga Miscellaneous Revisions, 7491-7494 [2020-02504]
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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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
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Dated: January 30, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–02502 Filed 2–7–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0305; FRL–10005–
29–Region 4]
Air Plan Approval; Tennessee;
Chattanooga Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Chattanooga portion of
the Tennessee State Implementation
Plan (SIP) submitted by the State of
Tennessee through the Tennessee
Department of Environment and
Conservation (TDEC) on behalf of the
Chattanooga/Hamilton County Air
Pollution Control Bureau (Bureau) on
September 12, 2018. The SIP submittal
removes and replaces the Chattanooga
City Code, Air Pollution Control
Ordinances pertaining to the
Chattanooga-Hamilton County Air
Pollution Control Board (Board), powers
and duties of the Board, penalties,
enforcement and permit fees. The SIP
revision that EPA is proposing to
approve is consistent with the
requirements of the Clean Air Act (CAA
or Act).
DATES: Comments must be received on
or before March 2, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2019–0305 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
SUMMARY:
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7491
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
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, Georgia 30303–8960.
The telephone number is (404) 562–
9043. Mr. Lakeman can also be reached
via electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Through a letter dated September 12,
2018, TDEC submitted a SIP revision on
behalf of the Bureau requesting removal
and replacement of certain air quality
rules in the Chattanooga portion of the
Tennessee SIP.1 2 This rulemaking
proposes to approve the Chattanooga
City Code Part II, Chapter 4, Section 4–
4, ‘‘Penalties for violation of chapter,
permit or order,’’ 3 Section 4–6, ‘‘Air
pollution control board; bureau of air
pollution control; persons required to
comply with chapter,’’ 4 Section 4–7,
1 The Bureau is comprised of Hamilton County
and the municipalities of Chattanooga, Collegedale,
East Ridge, Lakesite, Lookout Mountain, Red Bank,
Ridgeside, Signal Mountain, Soddy Daisy, and
Walden. The Bureau recommends regulatory
revisions, which are subsequently adopted by the
eleven jurisdictions. The Bureau then implements
and enforces the regulations, as necessary, in each
jurisdiction. Because the air pollution control
regulations/ordinances adopted by the jurisdictions
within the Bureau are substantively identical
(except as noted later in this notice), EPA refers
solely to Chattanooga and the Chattanooga rules
throughout the notice as representative of the other
ten jurisdictions for brevity and simplicity. See
footnotes 3 through 8, later in this notice.
2 EPA received the SIP revision on September 18,
2018.
3 In this proposed action, EPA is also proposing
to approve similar changes in the following sections
of the Air Pollution Control Regulations/Ordinances
for the remaining jurisdictions within the Bureau,
which were locally effective as of the relevant dates
below: Hamilton County—Section 4 (9/6/17); City
of Collegedale—Section 14–304 (10/16/17); City of
East Ridge—Section 8–4 (10/26/17); City of
Lakesite—Section 14–4 (11/2/17); Town of Lookout
Mountain—Section 4 (11/14/17); City of Red
Bank—Section 20–4 (11/21/17); City of Ridgeside—
Section 4 (1/16/18); City of Signal Mountain—
Section 4 (10/20/17); City of Soddy-Daisy—Section
8–4 (10/5/17); and Town of Walden—Section 4 (10/
16/17). The only substantive difference between the
various jurisdictions’ regulations is that
Chattanooga Ordinance Part II, Chapter 4, Section
4–4 contains an additional sentence regarding fines
and fees, which is discussed later in this notice.
4 In this proposed action, EPA is also proposing
to approve substantively similar changes in the
following sections of the Air Pollution Control
Regulations/Ordinances for the remaining
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‘‘Powers and duties of the board;
delegation,’’ 5 Paragraphs 4–8(a)(14), 4–
8(c)(12), 4–8(d)(4) and 4–8(d)(6) in
Section 4–8, ‘‘Installation permit and
certificate of operation,’’ 6 Paragraph 4–
10(a), ‘‘Records,’’ 7 and Section 4–17,
‘‘Enforcement of chapter; procedure for
adjudicatory hearings for violations’’
into the Chattanooga portion of the
Tennessee SIP.8 9 Tennessee’s
jurisdictions within the Bureau, which were locally
effective as of the relevant dates below: Hamilton
County—Section 6 (9/6/17); City of Collegedale—
Section 14–306 (10/16/17); City of East Ridge—
Section 8–6 (10/26/17); City of Lakesite—Section
14–6 (11/2/17); Town of Lookout Mountain—
Section 6 (11/14/17); City of Red Bank—Section 20–
6 (11/21/17); City of Ridgeside—Section 6 (1/16/
18); City of Signal Mountain—Section 6 (10/20/17);
City of Soddy-Daisy—Section 8–6 (10/5/17); and
Town of Walden—Section 6 (10/16/17).
5 In this proposed action, EPA is also proposing
to approve substantively similar changes in the
following sections of the Air Pollution Control
Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally
effective as of the relevant dates below: Hamilton
County—Section 7 (9/6/17); City of Collegedale—
Section 14–307 (10/16/17); City of East Ridge—
Section 8–7 (10/26/17); City of Lakesite—Section
14–7 (11/2/17); Town of Lookout Mountain—
Section 7 (11/14/17); City of Red Bank—Section 20–
7 (11/21/17); City of Ridgeside—Section 7 (1/16/
18); City of Signal Mountain—Section 7 (10/20/17);
City of Soddy-Daisy—Section 8–7 (10/5/17); and
Town of Walden—Section 7 (10/16/17).
6 In this proposed action, EPA is also proposing
to approve substantively similar changes in the
following sections of the Air Pollution Control
Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally
effective as of the relevant dates below: Hamilton
County—Section 8 (9/6/17); City of Collegedale—
Section 14–308 (10/16/17); City of East Ridge—
Section 8–8 (10/26/17); City of Lakesite—Section
14–8 (11/2/17); Town of Lookout Mountain—
Section 8 (11/14/17); City of Red Bank—Section 20–
8 (11/21/17); City of Ridgeside—Section 8 (1/16/
18); City of Signal Mountain—Section 8 (10/20/17);
City of Soddy-Daisy—Section 8–8 (10/5/17); and
Town of Walden—Section 8 (10/16/17).
7 In this proposed action, EPA is also proposing
to approve substantively similar changes in the
following sections of the Air Pollution Control
Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally
effective as of the relevant dates below: Hamilton
County—Section 10 (9/6/17); City of Collegedale—
Section 14–310 (10/16/17); City of East Ridge—
Section 8–10 (10/26/17); City of Lakesite—Section
14–10 (11/2/17); Town of Lookout Mountain—
Section 10 (11/14/17); City of Red Bank—Section
20–10 (11/21/17); City of Ridgeside—Section 10 (1/
16/18); City of Signal Mountain—Section 10 (10/20/
17); City of Soddy-Daisy—Section 8–10 (10/5/17);
and Town of Walden—Section 10 (10/16/17).
8 In this proposed action, EPA is also proposing
to approve similar changes in the following sections
of the Air Pollution Control Regulations/Ordinances
for the remaining jurisdictions within the Bureau,
which were locally effective as of the relevant dates
below: Hamilton County—Section 17 (9/6/17); City
of Collegedale—Section 14–17 (10/16/17); City of
East Ridge—Section 8–17 (10/26/17); City of
Lakesite—Section 14–17 (11/2/17); Town of
Lookout Mountain—Section 17 (11/14/17); City of
Red Bank—Section 20–17 (11/21/17); City of
Ridgeside—Section 17 (1/16/18); City of Signal
Mountain—Section 17 (10/20/17); City of SoddyDaisy—Section 8–17 (10/5/17); and Town of
Walden—Section 17 (10/16/17). The only
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September 12, 2018, SIP revision can be
found in the docket for this rulemaking
at www.regulations.gov and is further
summarized in this notice.10
II. EPA’s Analysis of Tennessee’s SIP
Revision
EPA evaluated several sections of the
Chattanooga city code under the CAA.
As discussed later in this notice, the
September 12, 2018, SIP submission
removes and replaces the Chattanooga
city code Part II, Chapter 4, Section 4–
4, ‘‘Penalties for violation of chapter,
permit or order,’’ Section 4–6, ‘‘Air
pollution control board; bureau of air
pollution control; persons required to
comply with chapter,’’ Section 4–7,
‘‘Powers and duties of the board;
delegation,’’ Paragraphs 4–8(a)(14), 4–
8(c)(12), 4–8(d)(4) and 4–8(d)(6) in
Section 4–8, ‘‘Installation permit and
certificate of operation,’’ Paragraph 4–
10(a), ‘‘Records,’’ and Section 4–17,
‘‘Enforcement of chapter; procedure for
adjudicatory hearings for violations’’
into the Chattanooga portion of the
Tennessee SIP. The changes are related
to the Board’s administrative functions
in general and do not impact emissions.
As discussed in greater detail later in
this notice, the removal and
replacement of these rule provisions
will not interfere with attainment or
maintenance of the NAAQS or any other
requirement of the Act.
A. Section 4–4, ‘‘Penalties for violation
of chapter, permit or order’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Section 4–4, ‘‘Penalties for
violation of chapter, permit or order’’ of
the Chattanooga-Hamilton County
portion of the Tennessee SIP. Section 4–
4 governs penalties for any person who
violates or fails to comply with any
provision of Chattanooga City Code
Chapter 4, or any order of the Board or
substantive difference between the various
jurisdictions’ regulations is that Chattanooga City
Code Part II, Chapter 4, Section 4–17 contains an
additional paragraph concerning citation of
violators to municipal court, which is discussed
below.
9 EPA received other revisions to the Chattanooga
portion of the Tennessee SIP transmitted with the
same September 12, 2018, cover letter. EPA will be
considering action for those other SIP revisions in
a separate rulemaking.
10 Tennessee requested that EPA remove and
replace rules 4–4, 4–6, 4–7, 4–8(a)(14), 4–8(c)(12),
4–8(d)(4), 4–8(d)(6), 4–10(a), and 4–17 in their
entirety and provided a redline/strikeout. The
redline/strikeout does not show all the differences
between the federally-approved SIP version of rules
4–4, 4–6, 4–7, 4–8(a)(14), 4–8(c)(12), 4–8(d)(4), 4–
8(d)(6), 4–10(a), 4–17 and the version locally
effective on October 3, 2017. EPA’s evaluation is of
the removal and replacement of rules 4–4, 4–6, 4–
7, 4–8(a)(14), 4–8(c)(12), 4–8(d)(4), 4–8(d)(6), 4–
10(a), and 4–17 in their entirety.
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of the director; or who makes false
material statement, representation, or
certification in, or omits material
information from, any record, report,
plan or other document required either
to be filed or submitted or maintained
pursuant to the chapter; or who falsifies,
tampers with, renders inaccurate, or
fails to install any monitoring device or
method required to be maintained or
followed under the chapter; or fails to
pay a fee established under the
chapter.11 EPA has reviewed Section 4–
4 and preliminarily finds the provision
to be consistent with the CAA.
The current SIP-approved version of
Section 4–4 also governed penalties for
any person who violates or fails to
comply with any provision of the
Chattanooga City Code Chapter 4, or any
order of the Board or of the director; or
who makes false material statement,
representation, or certification in, or
omits material information from, any
record, report, plan or other document
required either to be filed or submitted
or maintained pursuant to the chapter;
or who falsifies, tampers with, renders
inaccurate, or fails to install any
monitoring device or method required
to be maintained or followed under the
chapter; or fails to pay a fee established
under the chapter. Chattanooga
requested that EPA approve the version
of the rule submitted in the September
12, 2018, SIP revision in its entirety to
ensure the federally-approved version
and the local version are consistent.
EPA does not anticipate that removal of
the current SIP-approved version of
section 4–4 and replacement with the
version locally effective on October 3,
2017, will lead to a change in emissions.
EPA is therefore proposing to conclude
that the removal and replacement will
not interfere with the attainment or
maintenance of air quality standards.
EPA has reviewed the changes to the
SIP and is proposing to approve the
version of section 4–4 locally effective
on October 3, 2017, into the SIP.
B. Section 4–6, ‘‘Air pollution control
board; bureau of air pollution control;
persons required to comply with
chapter’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Section 4–6, ‘‘Air pollution
control board; bureau of air pollution
11 As discussed above, the last sentence in
Paragraph 4–4(a), regarding a fee of $50 if cited
under Chapter 4, is not included in the regulations
from the other jurisdictions this action proposes to
approve. See note 3. However, as this addition
serves to strengthen the SIP and is not required by
the CAA, similar language in the other jurisdictions’
regulations is not necessary. Accordingly, EPA is
proposing to approve all 11 jurisdictions’
regulations identified in footnote 3.
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control; persons required to comply
with chapter’’ of the ChattanoogaHamilton County portion of the
Tennessee SIP. Chattanooga Rule 4–6
establishes the Board and governs the
constituency of the Board, outlines roles
and responsibilities, and explains how
vacancies are filled among other general
operational procedures and expectations
related to the Board. EPA has reviewed
Section 4–6 and preliminarily finds the
provision to be consistent with the
CAA.
The current SIP-approved version of
Section 4–6 also established the Board
and governed the constituency of the
Board, outlines roles and
responsibilities, and explains how
vacancies are filled among other general
operational procedures and expectations
related to the Board. Chattanooga
requested that EPA approve the version
of the rule in the September 12, 2018,
SIP revision in its entirety to ensure the
federally-approved version and the local
version are consistent. EPA does not
anticipate that removal of the current
SIP-approved version of section 4–6 and
replacement with the version locally
effective on October 3, 2017, will lead
to a change in emissions. EPA is
therefore proposing to conclude that the
removal and replacement will not
interfere with the attainment or
maintenance of air quality standards.
EPA has reviewed the changes to the
SIP and is proposing to approve the
version of section 4–6 locally effective
on October 3, 2017, into the SIP.
C. Section 4–7, ‘‘Powers and duties of
the board; delegation’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Section 4–7, ‘‘Powers and
duties of the board; delegation’’ of the
Chattanooga-Hamilton County portion
of the Tennessee SIP. Chattanooga Rule
4–7 governs the powers and duties of
the Board, and also provides for
delegation of the powers to the Director
of the Board (Director), and through him
the personnel of the Bureau. EPA has
reviewed Section 4–7 and preliminarily
finds the provision to be consistent with
the CAA.
The current SIP-approved version of
Section 4–7 also governed the powers
and duties of the Board, and delegation.
Chattanooga requested that EPA
approve the version of the rule
submitted in the September 12, 2018,
SIP revision in its entirety to ensure the
federally-approved version and the local
version are consistent. EPA does not
anticipate that removal of the current
SIP-approved version of section 4–7 and
replacement with the version locally
effective on October 3, 2017, will lead
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to a change in emissions. EPA is
therefore proposing to conclude that the
removal and replacement will not
interfere with the attainment or
maintenance of air quality standards.
EPA has reviewed the changes to the
SIP and is proposing to approve the
version of section 4–7 locally effective
on October 3, 2017, into the SIP.
D. Section 4–8, ‘‘Installation permit and
certificate of operation’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Paragraphs 4–8(a)(14), 4–
8(c)(12), 4–8(d)(4), and 4–8(d)(6) of the
Chattanooga-Hamilton County portion
of the Tennessee SIP. These paragraphs
address to whom permit fees apply and
the permit fee schedules. EPA has
reviewed Paragraphs 4–8(a)(14),
4–8(c)(12), 4–8(d)(4), and 4–8(d)(6) and
preliminarily finds the provisions to be
consistent with the CAA.
EPA does not anticipate that removal
of the current SIP-approved version of
Paragraphs 4–8(a)(16),
4–8(c)(5), 4–8(d)(5), and 4–8(d)(8) 12 and
replacement with the version locally
effective on October 3, 2017, will lead
to a change in emissions. EPA is
therefore proposing to conclude that the
removal and replacement will not
interfere with the attainment or
maintenance of air quality standards.
E. Paragraph 4–10(a), ‘‘Records’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Paragraph 4–10(a),
‘‘Records’’ of the Chattanooga-Hamilton
County portion of the Tennessee SIP.
Chattanooga Rule 4–10(a) addresses
records kept by the Bureau. It requires
the Bureau to keep records of
applications, permits, and certificates,
as well as all official business of the
Bureau generally. This section requires
the Director to keep records pertaining
to permitted facilities in perpetuity but
allows the Director to destroy records
pertaining to shutdown facilities after
seven years and other records after
seven years unless federal requirements
provide for a shorter retention period.
EPA notes that Tennessee has record
retention statutes, regulations, and
policies at the state level that require
certain records to be kept on a
permanent basis, such as agency rule
adoption files. See Tenn. Code Ann.
12 There
have been intervening numbering
changes to the local regulations since section 4–8
was last approved into the Chattanooga-Hamilton
County portion of the Tennessee SIP. See 62 FR
7163 (February 18, 1997). Thus, Paragraphs 4–
8(a)(14), 4–8(c)(12), 4–8(d)(4), and 4–8(d)(6) locally
effective October 3, 2017, will replace the
previously approved Paragraphs 4–8(a)(16), 4–
8(c)(5), 4–8(d)(5), and 4–8(d)(8), respectively.
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§ 4–5–222, Tennessee Records
Disposition Authorization SW 40. The
Chattanooga rule also requires that
records be open for inspection, with
some limitations for certain confidential
documents. EPA has reviewed
Paragraph 4–10(a) and preliminarily
finds the provision to be consistent with
the CAA.
The current SIP-approved version of
Paragraph 4–10(a) also governed records
retention policies by the Bureau.
Chattanooga requested that EPA
approve the version of the rule
submitted in the September 12, 2018,
SIP revision in its entirety to ensure the
federally-approved version and the local
version are consistent. EPA does not
anticipate that removal of the current
SIP-approved version of Paragraph 4–
10(a) and replacement with the version
locally effective on October 3, 2017, will
lead to a change in emissions. EPA is
therefore proposing to conclude that the
removal and replacement will not
interfere with the attainment or
maintenance of air quality standards.
EPA has reviewed the changes to the
SIP and is proposing to approve the
version of section 4–10(a) locally
effective on October 3, 2017, into the
SIP.
F. Section 4–17, ‘‘Enforcement of
chapter; procedure for adjudicatory
hearings for violations’’
Tennessee’s September 12, 2018, SIP
revision includes a request to remove
and replace Section 4–17, ‘‘Enforcement
of chapter; procedure for adjudicatory
hearings for violations’’ of the
Chattanooga-Hamilton County portion
of the Tennessee SIP. Chattanooga Rule
4–17 governs the enforcement of
Chapter 4 of the Chattanooga City Code
and outlines the procedure for
adjudicatory hearings for violations.13
EPA has reviewed Section 4–17 and
preliminarily finds the provision to be
consistent with the CAA.
The current SIP-approved version of
Section 4–17 also governed the
enforcement of Chapter 4 of the
Chattanooga City Code and outlines the
procedure for adjudicatory hearings for
violations. Chattanooga requested that
EPA approve the version of the rule
submitted in the September 12, 2018,
SIP revision in its entirety to ensure the
federally-approved version and the local
13 As discussed above, Paragraph 4–17(d),
regarding citation to municipal court, is not
included in the regulations from the other
jurisdictions this action proposes to approve. See
note 8. However, as this addition serves to
strengthen the SIP and is not required by the CAA,
similar language in the other jurisdictions’
regulations is not necessary. Accordingly, EPA is
proposing to approve all 11 jurisdictions’
regulations identified in footnote 8.
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version are consistent. EPA does not
anticipate that removal of the current
SIP-approved version of section 4–17
and replacement with the version
locally effective on October 3, 2017, will
lead to increased emissions. EPA is
therefore proposing to conclude that the
removal and replacement will not
interfere with the attainment or
maintenance of air quality standards.
EPA has reviewed the changes to the
SIP and is proposing to approve the
version of section 4–17 locally effective
on October 3, 2017, into the SIP.
III. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the following changes to Chattanooga
City Code Chapter 4 of Part II, locally
effective on October 3, 2017: Section
4–4, ‘‘Penalties for violation of chapter,
permit or order;’’ Section 4–6, ‘‘Air
pollution control board; bureau of air
pollution control; persons required to
comply with chapter;’’ Section 4–7,
‘‘Powers and duties of the board;
delegation;’’ Paragraphs 4–8(a)(14), 4–
8(c)(12), 4–8(d)(4) and 4–8(d)(6) in
Section 4–8, ‘‘Installation permit and
certificate of operation;’’ Paragraph 4–
10(a), ‘‘Records;’’ and Section 4–17,
‘‘Enforcement of chapter; procedure for
adjudicatory hearings for violations.’’ 14
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).
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IV. Proposed Action
EPA is proposing to approve the
removal and replacement in the entirety
of the following rules in the
Chattanooga-Hamilton County portion
of the Tennessee SIP with the version of
the rules submitted on September 12,
2018: Chapter 4, Section 4–4, ‘‘Penalties
for violation of chapter, permit or
order,’’ Section 4–6, ‘‘Air pollution
control board; bureau of air pollution
control; persons required to comply
with chapter,’’ Section 4–7, ‘‘Powers
and duties of the board; delegation,’’
Paragraphs
4–8(a)(14), 4–8(c)(12), 4–8(d)(4) and 4–
8(d)(6) in Section
14 EPA’s approval also includes regulations/
ordinances submitted for the other ten jurisdictions
within the Bureau. See footnotes 3 through 8,
above.
VerDate Sep<11>2014
16:29 Feb 07, 2020
Jkt 250001
4–8,15 ‘‘Installation permit and
certificate of operation,’’ Paragraph 4–
10(a), ‘‘Records,’’ and Section 4–17,
‘‘Enforcement of chapter; procedure for
adjudicatory hearings for violations.’’
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 proposed action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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
15 See footnote 12 regarding the paragraphs that
EPA is proposing to remove.
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 31, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–02504 Filed 2–7–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0663; FRL–10005–
15–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2015 Ozone Standard and
Revisions to Modeling Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing rulemaking
action on two state implementation plan
(SIP) revisions submitted by the State of
Delaware. Whenever EPA promulgates a
new or revised National Ambient Air
Quality Standard (NAAQS), states are
required to make a SIP submission
showing how the existing approved SIP
has all the provisions necessary to meet
the requirements of the new or revised
NAAQS, or to add any needed
provisions necessary to meet the revised
NAAQS. The SIP revision is required to
address basic program elements,
including, but not limited to, regulatory
structure, monitoring, modeling, legal
authority, and adequate resources
necessary to assure attainment and
maintenance of the standards. These
elements are referred to as infrastructure
requirements. Delaware has made a
submittal addressing the infrastructure
SUMMARY:
E:\FR\FM\10FEP1.SGM
10FEP1
]]>Agencies
[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Proposed Rules]
[Pages 7491-7494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02504]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0305; FRL-10005-29-Region 4]
Air Plan Approval; Tennessee; Chattanooga Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Chattanooga portion of the Tennessee State
Implementation Plan (SIP) submitted by the State of Tennessee through
the Tennessee Department of Environment and Conservation (TDEC) on
behalf of the Chattanooga/Hamilton County Air Pollution Control Bureau
(Bureau) on September 12, 2018. The SIP submittal removes and replaces
the Chattanooga City Code, Air Pollution Control Ordinances pertaining
to the Chattanooga-Hamilton County Air Pollution Control Board (Board),
powers and duties of the Board, penalties, enforcement and permit fees.
The SIP revision that EPA is proposing to approve is consistent with
the requirements of the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before March 2, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0305 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
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, Georgia 30303-8960. The telephone number is
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Through a letter dated September 12, 2018, TDEC submitted a SIP
revision on behalf of the Bureau requesting removal and replacement of
certain air quality rules in the Chattanooga portion of the Tennessee
SIP.1 2 This rulemaking proposes to approve the Chattanooga
City Code Part II, Chapter 4, Section 4-4, ``Penalties for violation of
chapter, permit or order,'' \3\ Section 4-6, ``Air pollution control
board; bureau of air pollution control; persons required to comply with
chapter,'' \4\ Section 4-7,
[[Page 7492]]
``Powers and duties of the board; delegation,'' \5\ Paragraphs 4-
8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section 4-8,
``Installation permit and certificate of operation,'' \6\ Paragraph 4-
10(a), ``Records,'' \7\ and Section 4-17, ``Enforcement of chapter;
procedure for adjudicatory hearings for violations'' into the
Chattanooga portion of the Tennessee SIP.8 9 Tennessee's
September 12, 2018, SIP revision can be found in the docket for this
rulemaking at www.regulations.gov and is further summarized in this
notice.\10\
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\1\ The Bureau is comprised of Hamilton County and the
municipalities of Chattanooga, Collegedale, East Ridge, Lakesite,
Lookout Mountain, Red Bank, Ridgeside, Signal Mountain, Soddy Daisy,
and Walden. The Bureau recommends regulatory revisions, which are
subsequently adopted by the eleven jurisdictions. The Bureau then
implements and enforces the regulations, as necessary, in each
jurisdiction. Because the air pollution control regulations/
ordinances adopted by the jurisdictions within the Bureau are
substantively identical (except as noted later in this notice), EPA
refers solely to Chattanooga and the Chattanooga rules throughout
the notice as representative of the other ten jurisdictions for
brevity and simplicity. See footnotes 3 through 8, later in this
notice.
\2\ EPA received the SIP revision on September 18, 2018.
\3\ In this proposed action, EPA is also proposing to approve
similar changes in the following sections of the Air Pollution
Control Regulations/Ordinances for the remaining jurisdictions
within the Bureau, which were locally effective as of the relevant
dates below: Hamilton County--Section 4 (9/6/17); City of
Collegedale--Section 14-304 (10/16/17); City of East Ridge--Section
8-4 (10/26/17); City of Lakesite--Section 14-4 (11/2/17); Town of
Lookout Mountain--Section 4 (11/14/17); City of Red Bank--Section
20-4 (11/21/17); City of Ridgeside--Section 4 (1/16/18); City of
Signal Mountain--Section 4 (10/20/17); City of Soddy-Daisy--Section
8-4 (10/5/17); and Town of Walden--Section 4 (10/16/17). The only
substantive difference between the various jurisdictions'
regulations is that Chattanooga Ordinance Part II, Chapter 4,
Section 4-4 contains an additional sentence regarding fines and
fees, which is discussed later in this notice.
\4\ In this proposed action, EPA is also proposing to approve
substantively similar changes in the following sections of the Air
Pollution Control Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally effective as of
the relevant dates below: Hamilton County--Section 6 (9/6/17); City
of Collegedale--Section 14-306 (10/16/17); City of East Ridge--
Section 8-6 (10/26/17); City of Lakesite--Section 14-6 (11/2/17);
Town of Lookout Mountain--Section 6 (11/14/17); City of Red Bank--
Section 20-6 (11/21/17); City of Ridgeside--Section 6 (1/16/18);
City of Signal Mountain--Section 6 (10/20/17); City of Soddy-Daisy--
Section 8-6 (10/5/17); and Town of Walden--Section 6 (10/16/17).
\5\ In this proposed action, EPA is also proposing to approve
substantively similar changes in the following sections of the Air
Pollution Control Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally effective as of
the relevant dates below: Hamilton County--Section 7 (9/6/17); City
of Collegedale--Section 14-307 (10/16/17); City of East Ridge--
Section 8-7 (10/26/17); City of Lakesite--Section 14-7 (11/2/17);
Town of Lookout Mountain--Section 7 (11/14/17); City of Red Bank--
Section 20-7 (11/21/17); City of Ridgeside--Section 7 (1/16/18);
City of Signal Mountain--Section 7 (10/20/17); City of Soddy-Daisy--
Section 8-7 (10/5/17); and Town of Walden--Section 7 (10/16/17).
\6\ In this proposed action, EPA is also proposing to approve
substantively similar changes in the following sections of the Air
Pollution Control Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally effective as of
the relevant dates below: Hamilton County--Section 8 (9/6/17); City
of Collegedale--Section 14-308 (10/16/17); City of East Ridge--
Section 8-8 (10/26/17); City of Lakesite--Section 14-8 (11/2/17);
Town of Lookout Mountain--Section 8 (11/14/17); City of Red Bank--
Section 20-8 (11/21/17); City of Ridgeside--Section 8 (1/16/18);
City of Signal Mountain--Section 8 (10/20/17); City of Soddy-Daisy--
Section 8-8 (10/5/17); and Town of Walden--Section 8 (10/16/17).
\7\ In this proposed action, EPA is also proposing to approve
substantively similar changes in the following sections of the Air
Pollution Control Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally effective as of
the relevant dates below: Hamilton County--Section 10 (9/6/17); City
of Collegedale--Section 14-310 (10/16/17); City of East Ridge--
Section 8-10 (10/26/17); City of Lakesite--Section 14-10 (11/2/17);
Town of Lookout Mountain--Section 10 (11/14/17); City of Red Bank--
Section 20-10 (11/21/17); City of Ridgeside--Section 10 (1/16/18);
City of Signal Mountain--Section 10 (10/20/17); City of Soddy-
Daisy--Section 8-10 (10/5/17); and Town of Walden--Section 10 (10/
16/17).
\8\ In this proposed action, EPA is also proposing to approve
similar changes in the following sections of the Air Pollution
Control Regulations/Ordinances for the remaining jurisdictions
within the Bureau, which were locally effective as of the relevant
dates below: Hamilton County--Section 17 (9/6/17); City of
Collegedale--Section 14-17 (10/16/17); City of East Ridge--Section
8-17 (10/26/17); City of Lakesite--Section 14-17 (11/2/17); Town of
Lookout Mountain--Section 17 (11/14/17); City of Red Bank--Section
20-17 (11/21/17); City of Ridgeside--Section 17 (1/16/18); City of
Signal Mountain--Section 17 (10/20/17); City of Soddy-Daisy--Section
8-17 (10/5/17); and Town of Walden--Section 17 (10/16/17). The only
substantive difference between the various jurisdictions'
regulations is that Chattanooga City Code Part II, Chapter 4,
Section 4-17 contains an additional paragraph concerning citation of
violators to municipal court, which is discussed below.
\9\ EPA received other revisions to the Chattanooga portion of
the Tennessee SIP transmitted with the same September 12, 2018,
cover letter. EPA will be considering action for those other SIP
revisions in a separate rulemaking.
\10\ Tennessee requested that EPA remove and replace rules 4-4,
4-6, 4-7, 4-8(a)(14), 4-8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), and
4-17 in their entirety and provided a redline/strikeout. The
redline/strikeout does not show all the differences between the
federally-approved SIP version of rules 4-4, 4-6, 4-7, 4-8(a)(14),
4-8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), 4-17 and the version
locally effective on October 3, 2017. EPA's evaluation is of the
removal and replacement of rules 4-4, 4-6, 4-7, 4-8(a)(14), 4-
8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), and 4-17 in their entirety.
---------------------------------------------------------------------------
II. EPA's Analysis of Tennessee's SIP Revision
EPA evaluated several sections of the Chattanooga city code under
the CAA. As discussed later in this notice, the September 12, 2018, SIP
submission removes and replaces the Chattanooga city code Part II,
Chapter 4, Section 4-4, ``Penalties for violation of chapter, permit or
order,'' Section 4-6, ``Air pollution control board; bureau of air
pollution control; persons required to comply with chapter,'' Section
4-7, ``Powers and duties of the board; delegation,'' Paragraphs 4-
8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section 4-8,
``Installation permit and certificate of operation,'' Paragraph 4-
10(a), ``Records,'' and Section 4-17, ``Enforcement of chapter;
procedure for adjudicatory hearings for violations'' into the
Chattanooga portion of the Tennessee SIP. The changes are related to
the Board's administrative functions in general and do not impact
emissions. As discussed in greater detail later in this notice, the
removal and replacement of these rule provisions will not interfere
with attainment or maintenance of the NAAQS or any other requirement of
the Act.
A. Section 4-4, ``Penalties for violation of chapter, permit or order''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Section 4-4, ``Penalties for violation of chapter,
permit or order'' of the Chattanooga-Hamilton County portion of the
Tennessee SIP. Section 4-4 governs penalties for any person who
violates or fails to comply with any provision of Chattanooga City Code
Chapter 4, or any order of the Board or of the director; or who makes
false material statement, representation, or certification in, or omits
material information from, any record, report, plan or other document
required either to be filed or submitted or maintained pursuant to the
chapter; or who falsifies, tampers with, renders inaccurate, or fails
to install any monitoring device or method required to be maintained or
followed under the chapter; or fails to pay a fee established under the
chapter.\11\ EPA has reviewed Section 4-4 and preliminarily finds the
provision to be consistent with the CAA.
---------------------------------------------------------------------------
\11\ As discussed above, the last sentence in Paragraph 4-4(a),
regarding a fee of $50 if cited under Chapter 4, is not included in
the regulations from the other jurisdictions this action proposes to
approve. See note 3. However, as this addition serves to strengthen
the SIP and is not required by the CAA, similar language in the
other jurisdictions' regulations is not necessary. Accordingly, EPA
is proposing to approve all 11 jurisdictions' regulations identified
in footnote 3.
---------------------------------------------------------------------------
The current SIP-approved version of Section 4-4 also governed
penalties for any person who violates or fails to comply with any
provision of the Chattanooga City Code Chapter 4, or any order of the
Board or of the director; or who makes false material statement,
representation, or certification in, or omits material information
from, any record, report, plan or other document required either to be
filed or submitted or maintained pursuant to the chapter; or who
falsifies, tampers with, renders inaccurate, or fails to install any
monitoring device or method required to be maintained or followed under
the chapter; or fails to pay a fee established under the chapter.
Chattanooga requested that EPA approve the version of the rule
submitted in the September 12, 2018, SIP revision in its entirety to
ensure the federally-approved version and the local version are
consistent. EPA does not anticipate that removal of the current SIP-
approved version of section 4-4 and replacement with the version
locally effective on October 3, 2017, will lead to a change in
emissions. EPA is therefore proposing to conclude that the removal and
replacement will not interfere with the attainment or maintenance of
air quality standards.
EPA has reviewed the changes to the SIP and is proposing to approve
the version of section 4-4 locally effective on October 3, 2017, into
the SIP.
B. Section 4-6, ``Air pollution control board; bureau of air pollution
control; persons required to comply with chapter''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Section 4-6, ``Air pollution control board; bureau
of air pollution
[[Page 7493]]
control; persons required to comply with chapter'' of the Chattanooga-
Hamilton County portion of the Tennessee SIP. Chattanooga Rule 4-6
establishes the Board and governs the constituency of the Board,
outlines roles and responsibilities, and explains how vacancies are
filled among other general operational procedures and expectations
related to the Board. EPA has reviewed Section 4-6 and preliminarily
finds the provision to be consistent with the CAA.
The current SIP-approved version of Section 4-6 also established
the Board and governed the constituency of the Board, outlines roles
and responsibilities, and explains how vacancies are filled among other
general operational procedures and expectations related to the Board.
Chattanooga requested that EPA approve the version of the rule in the
September 12, 2018, SIP revision in its entirety to ensure the
federally-approved version and the local version are consistent. EPA
does not anticipate that removal of the current SIP-approved version of
section 4-6 and replacement with the version locally effective on
October 3, 2017, will lead to a change in emissions. EPA is therefore
proposing to conclude that the removal and replacement will not
interfere with the attainment or maintenance of air quality standards.
EPA has reviewed the changes to the SIP and is proposing to approve
the version of section 4-6 locally effective on October 3, 2017, into
the SIP.
C. Section 4-7, ``Powers and duties of the board; delegation''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Section 4-7, ``Powers and duties of the board;
delegation'' of the Chattanooga-Hamilton County portion of the
Tennessee SIP. Chattanooga Rule 4-7 governs the powers and duties of
the Board, and also provides for delegation of the powers to the
Director of the Board (Director), and through him the personnel of the
Bureau. EPA has reviewed Section 4-7 and preliminarily finds the
provision to be consistent with the CAA.
The current SIP-approved version of Section 4-7 also governed the
powers and duties of the Board, and delegation. Chattanooga requested
that EPA approve the version of the rule submitted in the September 12,
2018, SIP revision in its entirety to ensure the federally-approved
version and the local version are consistent. EPA does not anticipate
that removal of the current SIP-approved version of section 4-7 and
replacement with the version locally effective on October 3, 2017, will
lead to a change in emissions. EPA is therefore proposing to conclude
that the removal and replacement will not interfere with the attainment
or maintenance of air quality standards.
EPA has reviewed the changes to the SIP and is proposing to approve
the version of section 4-7 locally effective on October 3, 2017, into
the SIP.
D. Section 4-8, ``Installation permit and certificate of operation''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4), and 4-
8(d)(6) of the Chattanooga-Hamilton County portion of the Tennessee
SIP. These paragraphs address to whom permit fees apply and the permit
fee schedules. EPA has reviewed Paragraphs 4-8(a)(14), 4-8(c)(12), 4-
8(d)(4), and 4-8(d)(6) and preliminarily finds the provisions to be
consistent with the CAA.
EPA does not anticipate that removal of the current SIP-approved
version of Paragraphs 4-8(a)(16), 4-8(c)(5), 4-8(d)(5), and 4-8(d)(8)
\12\ and replacement with the version locally effective on October 3,
2017, will lead to a change in emissions. EPA is therefore proposing to
conclude that the removal and replacement will not interfere with the
attainment or maintenance of air quality standards.
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\12\ There have been intervening numbering changes to the local
regulations since section 4-8 was last approved into the
Chattanooga-Hamilton County portion of the Tennessee SIP. See 62 FR
7163 (February 18, 1997). Thus, Paragraphs 4-8(a)(14), 4-8(c)(12),
4-8(d)(4), and 4-8(d)(6) locally effective October 3, 2017, will
replace the previously approved Paragraphs 4-8(a)(16), 4-8(c)(5), 4-
8(d)(5), and 4-8(d)(8), respectively.
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E. Paragraph 4-10(a), ``Records''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Paragraph 4-10(a), ``Records'' of the Chattanooga-
Hamilton County portion of the Tennessee SIP. Chattanooga Rule 4-10(a)
addresses records kept by the Bureau. It requires the Bureau to keep
records of applications, permits, and certificates, as well as all
official business of the Bureau generally. This section requires the
Director to keep records pertaining to permitted facilities in
perpetuity but allows the Director to destroy records pertaining to
shutdown facilities after seven years and other records after seven
years unless federal requirements provide for a shorter retention
period. EPA notes that Tennessee has record retention statutes,
regulations, and policies at the state level that require certain
records to be kept on a permanent basis, such as agency rule adoption
files. See Tenn. Code Ann. Sec. 4-5-222, Tennessee Records Disposition
Authorization SW 40. The Chattanooga rule also requires that records be
open for inspection, with some limitations for certain confidential
documents. EPA has reviewed Paragraph 4-10(a) and preliminarily finds
the provision to be consistent with the CAA.
The current SIP-approved version of Paragraph 4-10(a) also governed
records retention policies by the Bureau. Chattanooga requested that
EPA approve the version of the rule submitted in the September 12,
2018, SIP revision in its entirety to ensure the federally-approved
version and the local version are consistent. EPA does not anticipate
that removal of the current SIP-approved version of Paragraph 4-10(a)
and replacement with the version locally effective on October 3, 2017,
will lead to a change in emissions. EPA is therefore proposing to
conclude that the removal and replacement will not interfere with the
attainment or maintenance of air quality standards.
EPA has reviewed the changes to the SIP and is proposing to approve
the version of section 4-10(a) locally effective on October 3, 2017,
into the SIP.
F. Section 4-17, ``Enforcement of chapter; procedure for adjudicatory
hearings for violations''
Tennessee's September 12, 2018, SIP revision includes a request to
remove and replace Section 4-17, ``Enforcement of chapter; procedure
for adjudicatory hearings for violations'' of the Chattanooga-Hamilton
County portion of the Tennessee SIP. Chattanooga Rule 4-17 governs the
enforcement of Chapter 4 of the Chattanooga City Code and outlines the
procedure for adjudicatory hearings for violations.\13\ EPA has
reviewed Section 4-17 and preliminarily finds the provision to be
consistent with the CAA.
---------------------------------------------------------------------------
\13\ As discussed above, Paragraph 4-17(d), regarding citation
to municipal court, is not included in the regulations from the
other jurisdictions this action proposes to approve. See note 8.
However, as this addition serves to strengthen the SIP and is not
required by the CAA, similar language in the other jurisdictions'
regulations is not necessary. Accordingly, EPA is proposing to
approve all 11 jurisdictions' regulations identified in footnote 8.
---------------------------------------------------------------------------
The current SIP-approved version of Section 4-17 also governed the
enforcement of Chapter 4 of the Chattanooga City Code and outlines the
procedure for adjudicatory hearings for violations. Chattanooga
requested that EPA approve the version of the rule submitted in the
September 12, 2018, SIP revision in its entirety to ensure the
federally-approved version and the local
[[Page 7494]]
version are consistent. EPA does not anticipate that removal of the
current SIP-approved version of section 4-17 and replacement with the
version locally effective on October 3, 2017, will lead to increased
emissions. EPA is therefore proposing to conclude that the removal and
replacement will not interfere with the attainment or maintenance of
air quality standards.
EPA has reviewed the changes to the SIP and is proposing to approve
the version of section 4-17 locally effective on October 3, 2017, into
the SIP.
III. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following changes to Chattanooga City Code Chapter 4 of
Part II, locally effective on October 3, 2017: Section 4-4, ``Penalties
for violation of chapter, permit or order;'' Section 4-6, ``Air
pollution control board; bureau of air pollution control; persons
required to comply with chapter;'' Section 4-7, ``Powers and duties of
the board; delegation;'' Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4)
and 4-8(d)(6) in Section 4-8, ``Installation permit and certificate of
operation;'' Paragraph 4-10(a), ``Records;'' and Section 4-17,
``Enforcement of chapter; procedure for adjudicatory hearings for
violations.'' \14\ 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).
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\14\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
footnotes 3 through 8, above.
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IV. Proposed Action
EPA is proposing to approve the removal and replacement in the
entirety of the following rules in the Chattanooga-Hamilton County
portion of the Tennessee SIP with the version of the rules submitted on
September 12, 2018: Chapter 4, Section 4-4, ``Penalties for violation
of chapter, permit or order,'' Section 4-6, ``Air pollution control
board; bureau of air pollution control; persons required to comply with
chapter,'' Section 4-7, ``Powers and duties of the board; delegation,''
Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section
4-8,\15\ ``Installation permit and certificate of operation,''
Paragraph 4-10(a), ``Records,'' and Section 4-17, ``Enforcement of
chapter; procedure for adjudicatory hearings for violations.''
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\15\ See footnote 12 regarding the paragraphs that EPA is
proposing to remove.
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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 proposed action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 31, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-02504 Filed 2-7-20; 8:45 am]
BILLING CODE 6560-50-P
