Air Plan Approvals; Tennessee; Prevention of Significant Deterioration Infrastructure Requirements for the 2015 Ozone NAAQS, 7692-7695 [2020-02607]
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Federal Register / Vol. 85, No. 28 / Tuesday, February 11, 2020 / Proposed Rules
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Chattanooga portion of the Tennessee
SIP. EPA is proposing to approve the
changes presented in the June 25, 2008,
and September 12, 2018, SIP revisions
that make changes to Chattanooga’s City
Code, Part II, Chapter 4, Article II,
Section 4–41. Specifically, EPA is
proposing to approve changes in Section
4–41, regarding updates to Rule 2—
Regulation of Nitrogen Oxides; Rule 9—
Regulation of Visible Emissions from
Internal Combustion Engines; and Rule
18—Prevention of Significant
Deterioration of Air Quality.24 These SIP
revisions are meant to address several
changes to the federal NSR regulations,
as promulgated by EPA on December 31,
2002, and reconsidered with minor
changes on November 7, 2003, which
are commonly referred to as the ‘‘2002
NSR Reform Rules,’’ as well as
subsequent changes to the federal NSR
regulations as described in Section II of
this proposed rulemaking. Finally, these
revisions are meant to make
Chattanooga’s PSD regulations
consistent with those of the State of
Tennessee. The other SIP revisions EPA
is proposing to approve include updates
to Chattanooga’s regulations of NOX and
other miscellaneous typographical and
administrative updates.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions merely propose
to approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
• Are not a significant regulatory
action subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
24 See
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, these rules do 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–02608 Filed 2–10–20; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0203; FRL–10005–
11–Region 4]
Air Plan Approvals; Tennessee;
Prevention of Significant Deterioration
Infrastructure Requirements for the
2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve portions of the
Tennessee infrastructure State
Implementation Plan (SIP) submission
for the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) provided to EPA on
September 13, 2018. Whenever EPA
promulgates a new or revised NAAQS,
the Clean Air Act (CAA or Act) requires
that states adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each such NAAQS,
commonly referred to as an
‘‘infrastructure SIP.’’ Specifically, EPA
is proposing to conditionally approve
the portions of the Tennessee
infrastructure SIP submission related to
the prevention of significant
deterioration (PSD) infrastructure
elements for the 2015 8-hour ozone
NAAQS.
SUMMARY:
Comments must be received on
or before March 12, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2019–0203, at https://
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
DATES:
E:\FR\FM\11FEP1.SGM
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Federal Register / Vol. 85, No. 28 / Tuesday, February 11, 2020 / Proposed Rules
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Ward can be
reached by telephone at (404) 562–9140
or via electronic mail at ward.nacosta@
epa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
On October 1, 2015, EPA promulgated
a revised primary and secondary
NAAQS for ozone, revising the 8-hour
ozone standards from 0.075 parts per
million (ppm) to a new more protective
level of 0.070 ppm. See 80 FR 65292
(October 26, 2015). 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 SIP
revisions for the 2015 8-hour ozone
NAAQS to EPA no later than October 1,
2018.1
EPA is proposing to conditionally
approve 2 the portions of Tennessee’s
September 13, 2018, SIP revision
provided to EPA through the Tennessee
Department of Environment and
Conservation (TDEC) that address the
PSD-related infrastructure SIP
requirements under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prohibiting interference with PSD in
1 In 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 SIP. In
addition, certain federally-approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 Under CAA section 110(k)(4), EPA may
conditionally approve a SIP revision based on a
commitment from a state to adopt specific
enforceable measures by a date certain, but not later
than one year from the date of approval. If the state
fails to meet the commitment within one year of the
final conditional approval, the conditional approval
automatically becomes a disapproval on that date
and EPA will issue a finding of disapproval.
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other states), and 110(a)(2)(J) (also
referred to as infrastructure elements C,
D(i) prong 3, and J, respectively) of the
2015 8-hour ozone NAAQS. These
provisions are discussed in further
detail in Section III, below. All other
applicable infrastructure SIP
requirements for this SIP submission
have been or will be addressed in
separate rulemakings.
With respect to the PSD elements of
110(a)(2)(C) and (J), EPA interprets the
CAA to require each state to make, for
each new or revised NAAQS, an
infrastructure SIP submission that
demonstrates that the air agency has a
complete PSD permitting program
meeting the current requirements for all
regulated new source review (NSR)
pollutants. The requirements of element
110(D)(i)(II) (prong 3) may also be
satisfied by demonstrating that the air
agency has a complete PSD permitting
program correctly addressing all
regulated NSR pollutants.
II. What is EPA’s approach to the
review of infrastructure SIP
submissions?
As discussed above, whenever EPA
promulgates a new or revised NAAQS,
CAA section 110(a)(1) requires states to
submit infrastructure SIPs that meet the
various requirements of CAA section
110(a)(2), as applicable. Due to
ambiguity in some of the language of
CAA section 110(a)(2), EPA believes
that it is appropriate to interpret these
provisions in the specific context of
acting on infrastructure SIP
submissions. EPA has previously
provided comprehensive guidance on
the application of these provisions
through a guidance document for
infrastructure SIP submissions and
through regional actions on
infrastructure submissions.3 Unless
otherwise noted below, EPA is
following that existing approach in
acting on this submission. In addition,
in the context of acting on such
infrastructure submissions, EPA
evaluates the submitting state’s
implementation plan for facial
compliance with statutory and
regulatory requirements, not for the
state’s implementation of its SIP.4 EPA
3 EPA explains and elaborates on these
ambiguities and its approach to address them in its
September 13, 2013 Infrastructure SIP Guidance
(available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf), as well as in numerous
agency actions, including EPA’s prior action on
Tennessee infrastructure SIP to address the 2010
Nitrogen Dioxide NAAQS. See 81 FR 45438 (July
14, 2016).
4 See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d
971 (9th Cir. 2018).
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7693
has other authority to address any issues
concerning a state’s implementation of
the rules, regulations, consent orders,
etc. that comprise its SIP.
III. What are the infrastructure
requirements for Sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J) for Tennessee?
Section 110(a)(2)(C) has three
components that must be addressed in
infrastructure SIP submissions:
Enforcement, state-wide regulation of
new and modified minor sources and
minor modifications of major sources,
and PSD permitting of new major
sources and major modifications in
areas designated attainment or
unclassifiable for the subject NAAQS as
required by the CAA title I part C (i.e.,
the major source PSD program).
Section 110(a)(2)(D)(i) has two
components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these
components have two subparts resulting
in four distinct components, commonly
referred to as ‘‘prongs,’’ that must be
addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (‘‘prong 1’’), and interfering with
maintenance of the NAAQS in another
state (‘‘prong 2’’). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
interfering with measures required to
prevent significant deterioration of air
quality in another state (‘‘prong 3’’), or
to protect visibility in another state
(‘‘prong 4’’).
Section 110(a)(2)(J) has four
components related to: (1) Consultation
with government officials, (2) public
notification, (3) PSD, and (4) visibility
protection.
This proposed rulemaking relates
only to the PSD-related requirements of
sections 110(C), 110(a)(2)(D)(i)(II) (prong
3), and 110(a)(2)(J) which as previously
described, requires that the SIP contain
adequate provisions to provide for the
preconstruction PSD permitting for
major sources and prohibit emissions
activity in one state interfering with
measures required to prevent significant
deterioration of air quality in another
state. More information on these
requirements and EPA’s rationale for
this proposal that Tennessee is
conditionally meeting this requirement
for purposes of the 2015 8-hour ozone
NAAQS is provided below. All other
applicable infrastructure requirements
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for the 2015 8-hour ozone NAAQS have
been or will be addressed in separate
rulemakings.
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IV. What is EPA’s analysis of how
Tennessee addressed relevant portions
of Sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J)?
110(a)(2)(C) Programs for Enforcement
of Control Measures and for
Construction or Modification of
Stationary Sources
For the major source PSD program
sub-element of section 110(a)(2)(C), EPA
interprets the CAA to require that a
state’s infrastructure SIP submission for
a particular NAAQS demonstrate that
the state has a complete PSD permitting
program in place covering the PSD
requirements for all regulated NSR
pollutants.5 A state’s PSD permitting
program is complete for this subelement (and prong 3 of D(i) and J
related to PSD) if EPA has already
approved or is simultaneously
approving the state’s implementation
plan with respect to all PSD
requirements that are due under EPA
regulations or the CAA on or before the
date of EPA’s proposed action on the
infrastructure SIP submission.
Tennessee’s 2015 8-hour ozone NAAQS
infrastructure SIP submission cites a
number of SIP provisions to address the
major source PSD program sub-element
of section 110(a)(2)(C) as described
below.
Tennessee’s infrastructure SIP
submission cites Tennessee Air
Pollution Control Regulations (TAPCR)
1200–03–09–.01(4) ‘‘Prevention of
Significant Deterioration of Air Quality’’
to meet the PSD program requirements
of 110(a)(2)(C). These SIP-approved
regulations were submitted to EPA by
Tennessee to provide that new major
sources and major modifications in
areas of the State designated attainment
or unclassifiable for any given NAAQS
are subject to a federally-approved PSD
permitting program meeting all the
current structural requirements of part C
of title I of the CAA. However, the
Tennessee SIP does not contain or
reference the most recent version of
EPA’s Guideline on Air Quality Models,
codified at 40 CFR part 51, Appendix
W.6 EPA’s PSD regulations at 40 CFR
51.166(l) require that modeling be
conducted in accordance with
Appendix W. As detailed in EPA’s
5 See EPA’s September 13, 2013, memorandum
entitled ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2).
6 EPA approved the most recent version of
Appendix W on January 17, 2017, at 82 FR 5182.
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September 2013 infrastructure SIP
guidance, approval of element C
requires a fully approved PSD
permitting program, which requires
application of Appendix W consistent
with EPA’s PSD implementing
regulations, and approval of elements
D(i)(II) and J is contingent on an
approvable PSD program. Therefore,
Tennessee has committed to update
their PSD regulations to reference the
most current version of Appendix W
and submit SIP revisions containing the
revised regulations. The commitment is
discussed in more detail later in this
section.
110(a)(2)(D)(i)(II)—prong 3: With
regard to prong 3 of section
110(a)(2)(D)(i)(II), a state may meet this
requirement by a confirmation in its
infrastructure SIP submission that new
major sources and major modifications
in the state are subject to a PSD program
meeting current structural requirements
of part C, or (if the state contains a
nonattainment area that has the
potential to impact PSD in another state)
a nonattainment NSR program. To meet
prong 3, Tennessee cites its PSD
program found in the Tennessee SIP at
1200–03–09–.01(4) ‘‘Prevention of
Significant Deterioration of Air
Quality.’’
110(a)(2)(J) PSD: With regard to the
PSD element of section 110(a)(2)(J), this
requirement is met by a state’s
confirmation in an infrastructure SIP
submission that the state has a SIPapproved PSD program meeting all the
current requirements of part C of title I
of the CAA for all NSR regulated
pollutants. To meet element J,
Tennessee cites TAPCR 1200–03–09–
.01(4) ‘‘Prevention of Significant
Deterioration of Air Quality.’’
As mentioned above, Tennessee cites
to TAPCR 1200–03–09–.01(4)
‘‘Prevention of Significant Deterioration
of Air Quality’’ to demonstrate that their
respective SIPs meet the PSD-related
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3) and
110(a)(2)(J), but their SIP-approved PSD
programs do not contain or reference the
most recent version of Appendix W. On
November 15, 2019, TDEC submitted a
commitment letter to EPA requesting
conditional approval of the PSD-related
program requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3)
and 110(a)(2)(J) of the aforementioned
infrastructure SIP revision. In this letter,
Tennessee commits to satisfy the PSD
program requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),
and 110(a)(2)(J) for the 2015 8-hour
ozone NAAQS by revising their PSD
regulations to reflect the most recent
version of Appendix W and submitting
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SIP revisions containing these revised
rules within, within one year of final
conditional approval.7 If Tennessee
meets its commitment within one year
of final conditional approval, the PSDrelated requirements of the
conditionally approved infrastructure
SIP submission will remain a part of the
SIP until EPA takes final action
approving or disapproving the new SIP
revision. However, if the State fails to
submit this revision within the one-year
timeframe, the conditional approval will
automatically become a disapproval one
year from EPA’s final conditional
approval and EPA will issue a finding
of disapproval. EPA is not required to
propose the finding of disapproval. If
the conditional approval is converted to
a disapproval, the final disapproval
triggers the FIP requirement under CAA
section 110(c).
V. Proposed Action
EPA is proposing to conditionally
approve the portions of Tennessee’s
September 13, 2018, 2015 8-hour ozone
infrastructure SIP submission,
respectively, that address the PSDrelated requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),
and 110(a)(2)(J). All other outstanding
applicable infrastructure requirements
for this SIP submission have been or
will be addressed in separate
rulemakings.
VI. 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 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;
7 See Tennessee’s letter dated November 15, 2019,
in the docket for this action, for a detailed
description and schedule of adoption for the rules
being modified. This letter is contained in the
docket for this proposed action.
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Federal Register / Vol. 85, No. 28 / Tuesday, February 11, 2020 / Proposed Rules
• 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–02607 Filed 2–10–20; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0503; FRL–10005–
09–Region 4]
Air Plan Approvals; GA and NC;
Prevention of Significant Deterioration
Infrastructure Requirements for the
2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve portions of the
Georgia and North Carolina
infrastructure State Implementation
Plan (SIP) submissions for the 2015 8hour ozone National Ambient Air
Quality Standards (NAAQS) provided to
EPA on September 24, 2018, and
September 27, 2018, respectively.
Whenever EPA promulgates a new or
revised NAAQS, the Clean Air Act
(CAA or Act) requires that each state
adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each such NAAQS,
commonly referred to as an
‘‘infrastructure SIP.’’ Specifically, EPA
is proposing to conditionally approve
the portions of the Georgia and North
Carolina infrastructure SIP submissions
related to the prevention of significant
deterioration (PSD) infrastructure
elements for the 2015 8-hour ozone
NAAQS.
SUMMARY:
Comments must be received on
or before March 12, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2019–0503, at https://
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,
DATES:
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7695
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Ward can be
reached by telephone at (404) 562–9140
or via electronic mail at ward.nacosta@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated
a revised primary and secondary
NAAQS for ozone, revising the 8-hour
ozone standards from 0.075 parts per
million (ppm) to a new more protective
level of 0.070 ppm. See 80 FR 65292
(October 26, 2015). 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 SIP
revisions for the 2015 8-hour ozone
NAAQS to EPA no later than October 1,
2018.1
EPA is proposing to conditionally
approve 2 the portions of Georgia’s
September 24, 2018, SIP revision
provided to EPA through the Georgia
Environmental Protection Division (GA
EPD) and North Carolina’s September
1 In 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 SIP. In
addition, certain federally-approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 Under CAA section 110(k)(4), EPA may
conditionally approve a SIP revision based on a
commitment from a state to adopt specific
enforceable measures by a date certain, but not later
than one year from the date of approval. If the state
fails to meet the commitment within one year of the
final conditional approval, the conditional approval
automatically becomes a disapproval on that date
and EPA will issue a finding of disapproval.
E:\FR\FM\11FEP1.SGM
11FEP1
]]>Agencies
[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Proposed Rules]
[Pages 7692-7695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02607]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0203; FRL-10005-11-Region 4]
Air Plan Approvals; Tennessee; Prevention of Significant
Deterioration Infrastructure Requirements for the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve portions of the Tennessee infrastructure State
Implementation Plan (SIP) submission for the 2015 8-hour ozone National
Ambient Air Quality Standards (NAAQS) provided to EPA on September 13,
2018. Whenever EPA promulgates a new or revised NAAQS, the Clean Air
Act (CAA or Act) requires that states adopt and submit a SIP for the
implementation, maintenance, and enforcement of each such NAAQS,
commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is
proposing to conditionally approve the portions of the Tennessee
infrastructure SIP submission related to the prevention of significant
deterioration (PSD) infrastructure elements for the 2015 8-hour ozone
NAAQS.
DATES: Comments must be received on or before March 12, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2019-0203, at https://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
[[Page 7693]]
making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Ward can be reached by telephone at (404) 562-9140 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). 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 SIP revisions for the 2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.\1\
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\1\ In 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 SIP. In addition, certain
federally-approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
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EPA is proposing to conditionally approve \2\ the portions of
Tennessee's September 13, 2018, SIP revision provided to EPA through
the Tennessee Department of Environment and Conservation (TDEC) that
address the PSD-related infrastructure SIP requirements under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prohibiting interference with PSD in
other states), and 110(a)(2)(J) (also referred to as infrastructure
elements C, D(i) prong 3, and J, respectively) of the 2015 8-hour ozone
NAAQS. These provisions are discussed in further detail in Section III,
below. All other applicable infrastructure SIP requirements for this
SIP submission have been or will be addressed in separate rulemakings.
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\2\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval automatically becomes a disapproval on that date and EPA
will issue a finding of disapproval.
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With respect to the PSD elements of 110(a)(2)(C) and (J), EPA
interprets the CAA to require each state to make, for each new or
revised NAAQS, an infrastructure SIP submission that demonstrates that
the air agency has a complete PSD permitting program meeting the
current requirements for all regulated new source review (NSR)
pollutants. The requirements of element 110(D)(i)(II) (prong 3) may
also be satisfied by demonstrating that the air agency has a complete
PSD permitting program correctly addressing all regulated NSR
pollutants.
II. What is EPA's approach to the review of infrastructure SIP
submissions?
As discussed above, whenever EPA promulgates a new or revised
NAAQS, CAA section 110(a)(1) requires states to submit infrastructure
SIPs that meet the various requirements of CAA section 110(a)(2), as
applicable. Due to ambiguity in some of the language of CAA section
110(a)(2), EPA believes that it is appropriate to interpret these
provisions in the specific context of acting on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the
application of these provisions through a guidance document for
infrastructure SIP submissions and through regional actions on
infrastructure submissions.\3\ Unless otherwise noted below, EPA is
following that existing approach in acting on this submission. In
addition, in the context of acting on such infrastructure submissions,
EPA evaluates the submitting state's implementation plan for facial
compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\4\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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\3\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Tennessee infrastructure SIP to address the 2010 Nitrogen
Dioxide NAAQS. See 81 FR 45438 (July 14, 2016).
\4\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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III. What are the infrastructure requirements for Sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J) for
Tennessee?
Section 110(a)(2)(C) has three components that must be addressed in
infrastructure SIP submissions: Enforcement, state-wide regulation of
new and modified minor sources and minor modifications of major
sources, and PSD permitting of new major sources and major
modifications in areas designated attainment or unclassifiable for the
subject NAAQS as required by the CAA title I part C (i.e., the major
source PSD program).
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components have two subparts
resulting in four distinct components, commonly referred to as
``prongs,'' that must be addressed in infrastructure SIP submissions.
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I),
are provisions that prohibit any source or other type of emissions
activity in one state from contributing significantly to nonattainment
of the NAAQS in another state (``prong 1''), and interfering with
maintenance of the NAAQS in another state (``prong 2''). The third and
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state interfering
with measures required to prevent significant deterioration of air
quality in another state (``prong 3''), or to protect visibility in
another state (``prong 4'').
Section 110(a)(2)(J) has four components related to: (1)
Consultation with government officials, (2) public notification, (3)
PSD, and (4) visibility protection.
This proposed rulemaking relates only to the PSD-related
requirements of sections 110(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J) which as previously described, requires that the SIP
contain adequate provisions to provide for the preconstruction PSD
permitting for major sources and prohibit emissions activity in one
state interfering with measures required to prevent significant
deterioration of air quality in another state. More information on
these requirements and EPA's rationale for this proposal that Tennessee
is conditionally meeting this requirement for purposes of the 2015 8-
hour ozone NAAQS is provided below. All other applicable infrastructure
requirements
[[Page 7694]]
for the 2015 8-hour ozone NAAQS have been or will be addressed in
separate rulemakings.
IV. What is EPA's analysis of how Tennessee addressed relevant portions
of Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J)?
110(a)(2)(C) Programs for Enforcement of Control Measures and for
Construction or Modification of Stationary Sources
For the major source PSD program sub-element of section
110(a)(2)(C), EPA interprets the CAA to require that a state's
infrastructure SIP submission for a particular NAAQS demonstrate that
the state has a complete PSD permitting program in place covering the
PSD requirements for all regulated NSR pollutants.\5\ A state's PSD
permitting program is complete for this sub-element (and prong 3 of
D(i) and J related to PSD) if EPA has already approved or is
simultaneously approving the state's implementation plan with respect
to all PSD requirements that are due under EPA regulations or the CAA
on or before the date of EPA's proposed action on the infrastructure
SIP submission. Tennessee's 2015 8-hour ozone NAAQS infrastructure SIP
submission cites a number of SIP provisions to address the major source
PSD program sub-element of section 110(a)(2)(C) as described below.
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\5\ See EPA's September 13, 2013, memorandum entitled ``Guidance
on Infrastructure State Implementation Plan (SIP) Elements under
Clean Air Act Sections 110(a)(1) and 110(a)(2).
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Tennessee's infrastructure SIP submission cites Tennessee Air
Pollution Control Regulations (TAPCR) 1200-03-09-.01(4) ``Prevention of
Significant Deterioration of Air Quality'' to meet the PSD program
requirements of 110(a)(2)(C). These SIP-approved regulations were
submitted to EPA by Tennessee to provide that new major sources and
major modifications in areas of the State designated attainment or
unclassifiable for any given NAAQS are subject to a federally-approved
PSD permitting program meeting all the current structural requirements
of part C of title I of the CAA. However, the Tennessee SIP does not
contain or reference the most recent version of EPA's Guideline on Air
Quality Models, codified at 40 CFR part 51, Appendix W.\6\ EPA's PSD
regulations at 40 CFR 51.166(l) require that modeling be conducted in
accordance with Appendix W. As detailed in EPA's September 2013
infrastructure SIP guidance, approval of element C requires a fully
approved PSD permitting program, which requires application of Appendix
W consistent with EPA's PSD implementing regulations, and approval of
elements D(i)(II) and J is contingent on an approvable PSD program.
Therefore, Tennessee has committed to update their PSD regulations to
reference the most current version of Appendix W and submit SIP
revisions containing the revised regulations. The commitment is
discussed in more detail later in this section.
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\6\ EPA approved the most recent version of Appendix W on
January 17, 2017, at 82 FR 5182.
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110(a)(2)(D)(i)(II)--prong 3: With regard to prong 3 of section
110(a)(2)(D)(i)(II), a state may meet this requirement by a
confirmation in its infrastructure SIP submission that new major
sources and major modifications in the state are subject to a PSD
program meeting current structural requirements of part C, or (if the
state contains a nonattainment area that has the potential to impact
PSD in another state) a nonattainment NSR program. To meet prong 3,
Tennessee cites its PSD program found in the Tennessee SIP at 1200-03-
09-.01(4) ``Prevention of Significant Deterioration of Air Quality.''
110(a)(2)(J) PSD: With regard to the PSD element of section
110(a)(2)(J), this requirement is met by a state's confirmation in an
infrastructure SIP submission that the state has a SIP-approved PSD
program meeting all the current requirements of part C of title I of
the CAA for all NSR regulated pollutants. To meet element J, Tennessee
cites TAPCR 1200-03-09-.01(4) ``Prevention of Significant Deterioration
of Air Quality.''
As mentioned above, Tennessee cites to TAPCR 1200-03-09-.01(4)
``Prevention of Significant Deterioration of Air Quality'' to
demonstrate that their respective SIPs meet the PSD-related
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3)
and 110(a)(2)(J), but their SIP-approved PSD programs do not contain or
reference the most recent version of Appendix W. On November 15, 2019,
TDEC submitted a commitment letter to EPA requesting conditional
approval of the PSD-related program requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3) and 110(a)(2)(J) of the
aforementioned infrastructure SIP revision. In this letter, Tennessee
commits to satisfy the PSD program requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the
2015 8-hour ozone NAAQS by revising their PSD regulations to reflect
the most recent version of Appendix W and submitting SIP revisions
containing these revised rules within, within one year of final
conditional approval.\7\ If Tennessee meets its commitment within one
year of final conditional approval, the PSD-related requirements of the
conditionally approved infrastructure SIP submission will remain a part
of the SIP until EPA takes final action approving or disapproving the
new SIP revision. However, if the State fails to submit this revision
within the one-year timeframe, the conditional approval will
automatically become a disapproval one year from EPA's final
conditional approval and EPA will issue a finding of disapproval. EPA
is not required to propose the finding of disapproval. If the
conditional approval is converted to a disapproval, the final
disapproval triggers the FIP requirement under CAA section 110(c).
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\7\ See Tennessee's letter dated November 15, 2019, in the
docket for this action, for a detailed description and schedule of
adoption for the rules being modified. This letter is contained in
the docket for this proposed action.
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V. Proposed Action
EPA is proposing to conditionally approve the portions of
Tennessee's September 13, 2018, 2015 8-hour ozone infrastructure SIP
submission, respectively, that address the PSD-related requirements of
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J). All other outstanding applicable infrastructure
requirements for this SIP submission have been or will be addressed in
separate rulemakings.
VI. 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
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;
[[Page 7695]]
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, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-02607 Filed 2-10-20; 8:45 am]
BILLING CODE 6560-50-P
