Air Plan Approval; Tennessee: Open Burning and Definitions Revisions for Chattanooga, 14420-14422 [2020-04772]
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EPA-APPROVED ALABAMA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
EPA approval date
Explanation
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TR NOX Annual Allowance Allocations.
12/7/2018
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included in the approved SIP.
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Trading Program—Applicability.
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3/12/2020, [Insert citation of publication].
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TR NOX Ozone Season Group 2
Allowance Allocations.
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3/12/2020, [Insert citation of publication].
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[FR Doc. 2020–04854 Filed 3–11–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0270; FRL–10006–
33–Region 4]
Air Plan Approval; Tennessee: Open
Burning and Definitions Revisions for
Chattanooga
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Chattanooga portion of the
Tennessee State Implementation Plan
(SIP), provided by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC) from the
Chattanooga/Hamilton County Air
Pollution Control Bureau through a
letter dated September 12, 2018. The
submission revises the open burning
regulations in the Chattanooga portion
of the Tennessee SIP. EPA is approving
the changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective April 13,
2020.
SUMMARY:
EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2019–0270. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
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ADDRESSES:
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*
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, 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–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve
changes to the Chattanooga-Hamilton
County portion of the Tennessee SIP
that were provided to EPA through a
letter dated September 12, 2018.1 EPA is
finalizing approval of the portions of
this SIP revision that make changes
relating to open burning at Chattanooga
Ordinance Part II, Chapter 4, Article II,
1 EPA received the SIP revision on September 18,
2018.
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Section 4–41, Rule 6—‘‘Prohibition of
Open Burning.’’ 2 3
In a notice of proposed rulemaking
(NPRM) published on November 25,
2019 (84 FR 64806), EPA proposed to
approve changes to open burning at
Chattanooga Ordinance Part II, Chapter
4, Article II, Section 4–41, Rule 6—
‘‘Prohibition of Open Burning’’ in the
Chattanooga–Hamilton County portion
of the Tennessee SIP.4 The NPRM
provides additional details regarding
EPA’s action. Comments on the NPRM
were due on or before December 26,
2019.
2 In this final action, EPA is also approving
substantively identical 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
41, Rule 6 (9/6/17); City of Collegedale—Section
14–341, Rule 6 (10/16/17); City of East Ridge—
Section 8–41, Rule 6 (10/12/17); City of Lakesite—
Section 14–41, Rule 6 (11/2/17); City of Red Bank—
Section 20–41, Rule 6 (11/21/17); City of SoddyDaisy—Section 8–41, Rule 6 (10/5/17); City of
Lookout Mountain—Section 41, Rule 6 (11/14/17);
City of Ridgeside Section 41, Rule 6 (1/16/18); City
of Signal Mountain Section 41, Rule 6 (10/20/17);
and Town of Walden Section 41, Rule 6 (10/16/17).
3 Because the air pollution control regulations/
ordinances adopted by the jurisdictions within the
Bureau are substantively identical, EPA refers
solely to Chattanooga and the Chattanooga rules
throughout the notice as representative of the other
ten jurisdictions for brevity and simplicity.
4 In a November 25, 2019, NPRM, EPA provided
clarification on its May 20, 2019 (84 FR 22786),
proposed approval of part of the September 12,
2018, submittal relating to the SIP-approved
definition of ‘‘volatile organic compounds’’ at
Chattanooga Air Pollution Control Ordinance Part
II, Chapter 4, Article I, Section 4–2—‘‘Definitions.’’
Specifically, in the November 25, 2019, NPRM, EPA
clarified that its proposed approval of Chattanooga’s
revised definition of ‘‘volatile organic compounds’’
also includes substantively identical revisions to
the regulations/ordinances of the other ten
jurisdictions within the Bureau. EPA is finalizing
its proposals related to the definition of volatile
organic compounds for Chattanooga in a separate
rulemaking.
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II. Response to Comments
EPA received one adverse comment
and one comment in favor of the
proposed action. The comments are
provided in the docket for this final
rule, and EPA’s response to the adverse
comment is below.
Comment: The Commenter expresses
concerns about the environmental and
health impacts of open burning and
states that opening burning should be
banned in Chattanooga. The Commenter
also mentions that people who decide to
open burn should be punished and that
more education is needed on the
consequences of open burning in
Chattanooga.
Response: EPA lacks the authority in
this CAA section 110 SIP revision
approval action to require Chattanooga
to take the measures requested by the
Commenter. Section 110 functions
within a cooperative federalism system
in which states propose implementation
plans to attain and maintain the
national ambient air quality standards
(NAAQS), and EPA determines whether
their specific plans comply with the
CAA’s requirements. In determining
which emissions limits and other
control measures to incorporate into
SIPs, section 110(a)(2)(A) provides
states with broad discretion to develop
and implement the specific controls that
‘‘may be necessary and appropriate’’ to
meet the Act’s requirements. EPA’s role
is to determine whether a SIP revision
meets the minimum criteria of the CAA;
where it does, EPA must approve the
revision. CAA section 110(k)(3).
Chattanooga developed its SIP—
including the submitted revisions to its
open burning regulations—within this
context. There is no universal
prohibition on open burning in section
110. Moreover, the Commenter has not
pointed to, and EPA is not aware of, any
CAA provision that would require EPA
to reconsider its proposed approval of
changes included in Tennessee’s SIP
revision or to require Chattanooga to
adopt the requested measures. Because
the SIP revision meets the requirements
of the CAA, EPA must approve it.
EPA has evaluated the potential air
quality impacts from the September 12,
2018 SIP revision and has made the
final determination that the revision
will not interfere with attainment or
maintenance of the NAAQS, reasonable
progress or any other applicable
requirements of the CAA. As explained
in the NPRM, the changes either create
additional restrictions on open burning
and thus improve air quality or are
ministerial in nature. EPA notes that the
Chattanooga area is in attainment of all
NAAQS, with design values for the 2012
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fine particulate matter and 2015 8-hour
ozone NAAQS well below the
standards.5
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Chattanooga Air
Pollution Control Ordinance Part II,
Chapter 4, Article II, Section 4–41, Rule
6—‘‘Prohibition of Open Burning,’’
locally effective on October 3, 2017.6 7
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.8
IV. Final Action
EPA is approving changes to Section
4–41, Rule 6—‘‘Prohibition of Open
Burning’’ into the Chattanooga portion
of the Tennessee SIP because the
changes are consistent with section 110
of the CAA. The SIP revision adds,
clarifies, and updates Rule 6 consistent
with applicable requirements.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
5 The 2018 design value is 8.8 micrograms per
cubic meter (mg/m3) for the 2012 fine particulate
matter NAAQS (set at 12 mg/m3), and the 2018
design value is 0.66 parts per million (ppm) for the
2015 8-hour ozone NAAQS (set at 0.70 ppm).
6 EPA’s approval also includes regulations/
ordinances submitted for the other ten jurisdictions
within the Bureau. See footnote 2, supra.
7 In the November 25, 2019, NPRM (84 FR 64806),
EPA inadvertently misidentified the locally
effective date for Chattanooga’s Section 4–41, Rule
6, as January 23, 2017. The correct date is October
3, 2017.
8 See 62 FR 27968 (May 22, 1997).
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additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
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Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 11, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.
Dated: February 27, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220. in paragraph (c),
amend Table 4 by revising the entry for
‘‘Section 4–41, Rule 6’’ under the
heading ‘‘Article II. Section 4–41 Rules,
Regulations, Criteria, Standards’’ to read
as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
TABLE 4—EPA APPROVED CHATTANOOGA REGULATIONS
State section
Title/subject
*
Adoption date
*
*
*
Article II. Section 4–41
*
Section 4–41 Rule 6 ...
*
Prohibition of Open
Burning.
*
*
*
*
*
*
EPA approval date
*
10/3/17
*
Explanation
*
*
Rules, Regulations, Criteria, Standards
*
3/12/20, ....................
[Insert citation of
publication].
*
*
*
*
EPA’s approval includes the corresponding sections
of the Air Pollution Control Regulations/Ordinances
for the remaining jurisdictions within the Chattanooga-Hamilton County Air Pollution Control Bureau, which were locally effective as of the relevant
dates below: Hamilton County—Section 41, Rule 6
(9/6/17); City of Collegedale—Section 14–341, Rule
6 (10/16/17); City of East Ridge—Section 8–41,
Rule 6 (10/12/17); City of Lakesite—Section 14–41,
Rule 6 (11/2/17); City of Red Bank—Section 20–41,
Rule 6 (11/21/17); City of Soddy-Daisy—Section 8–
41, Rule 6 (10/5/17); City of Lookout Mountain—
Section 41, Rule 6 (11/14/17); City of Ridgeside—
Section 41, Rule 6 (1/16/18); City of Signal Mountain Section 41, Rule 6 (10/20/17); and Town of
Walden Section 41, Rule 6 (10/16/17).
*
*
*
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]]>Agencies
[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Rules and Regulations]
[Pages 14420-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04772]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0270; FRL-10006-33-Region 4]
Air Plan Approval; Tennessee: Open Burning and Definitions
Revisions for Chattanooga
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Chattanooga portion of the Tennessee State
Implementation Plan (SIP), provided by the State of Tennessee, through
the Tennessee Department of Environment and Conservation (TDEC) from
the Chattanooga/Hamilton County Air Pollution Control Bureau through a
letter dated September 12, 2018. The submission revises the open
burning regulations in the Chattanooga portion of the Tennessee SIP.
EPA is approving the changes because they are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective April 13, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2019-0270. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air and Radiation Division (formerly the Air, Pesticides and Toxics
Management Division), U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday 8:30 a.m.
to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, 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) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve changes to the Chattanooga-
Hamilton County portion of the Tennessee SIP that were provided to EPA
through a letter dated September 12, 2018.\1\ EPA is finalizing
approval of the portions of this SIP revision that make changes
relating to open burning at Chattanooga Ordinance Part II, Chapter 4,
Article II, Section 4-41, Rule 6--``Prohibition of Open Burning.''
2 3
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\1\ EPA received the SIP revision on September 18, 2018.
\2\ In this final action, EPA is also approving substantively
identical 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 41, Rule 6 (9/6/17); City of
Collegedale--Section 14-341, Rule 6 (10/16/17); City of East Ridge--
Section 8-41, Rule 6 (10/12/17); City of Lakesite--Section 14-41,
Rule 6 (11/2/17); City of Red Bank--Section 20-41, Rule 6 (11/21/
17); City of Soddy-Daisy--Section 8-41, Rule 6 (10/5/17); City of
Lookout Mountain--Section 41, Rule 6 (11/14/17); City of Ridgeside
Section 41, Rule 6 (1/16/18); City of Signal Mountain Section 41,
Rule 6 (10/20/17); and Town of Walden Section 41, Rule 6 (10/16/17).
\3\ Because the air pollution control regulations/ordinances
adopted by the jurisdictions within the Bureau are substantively
identical, EPA refers solely to Chattanooga and the Chattanooga
rules throughout the notice as representative of the other ten
jurisdictions for brevity and simplicity.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on November 25,
2019 (84 FR 64806), EPA proposed to approve changes to open burning at
Chattanooga Ordinance Part II, Chapter 4, Article II, Section 4-41,
Rule 6--``Prohibition of Open Burning'' in the Chattanooga-Hamilton
County portion of the Tennessee SIP.\4\ The NPRM provides additional
details regarding EPA's action. Comments on the NPRM were due on or
before December 26, 2019.
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\4\ In a November 25, 2019, NPRM, EPA provided clarification on
its May 20, 2019 (84 FR 22786), proposed approval of part of the
September 12, 2018, submittal relating to the SIP-approved
definition of ``volatile organic compounds'' at Chattanooga Air
Pollution Control Ordinance Part II, Chapter 4, Article I, Section
4-2--``Definitions.'' Specifically, in the November 25, 2019, NPRM,
EPA clarified that its proposed approval of Chattanooga's revised
definition of ``volatile organic compounds'' also includes
substantively identical revisions to the regulations/ordinances of
the other ten jurisdictions within the Bureau. EPA is finalizing its
proposals related to the definition of volatile organic compounds
for Chattanooga in a separate rulemaking.
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[[Page 14421]]
II. Response to Comments
EPA received one adverse comment and one comment in favor of the
proposed action. The comments are provided in the docket for this final
rule, and EPA's response to the adverse comment is below.
Comment: The Commenter expresses concerns about the environmental
and health impacts of open burning and states that opening burning
should be banned in Chattanooga. The Commenter also mentions that
people who decide to open burn should be punished and that more
education is needed on the consequences of open burning in Chattanooga.
Response: EPA lacks the authority in this CAA section 110 SIP
revision approval action to require Chattanooga to take the measures
requested by the Commenter. Section 110 functions within a cooperative
federalism system in which states propose implementation plans to
attain and maintain the national ambient air quality standards (NAAQS),
and EPA determines whether their specific plans comply with the CAA's
requirements. In determining which emissions limits and other control
measures to incorporate into SIPs, section 110(a)(2)(A) provides states
with broad discretion to develop and implement the specific controls
that ``may be necessary and appropriate'' to meet the Act's
requirements. EPA's role is to determine whether a SIP revision meets
the minimum criteria of the CAA; where it does, EPA must approve the
revision. CAA section 110(k)(3).
Chattanooga developed its SIP--including the submitted revisions to
its open burning regulations--within this context. There is no
universal prohibition on open burning in section 110. Moreover, the
Commenter has not pointed to, and EPA is not aware of, any CAA
provision that would require EPA to reconsider its proposed approval of
changes included in Tennessee's SIP revision or to require Chattanooga
to adopt the requested measures. Because the SIP revision meets the
requirements of the CAA, EPA must approve it.
EPA has evaluated the potential air quality impacts from the
September 12, 2018 SIP revision and has made the final determination
that the revision will not interfere with attainment or maintenance of
the NAAQS, reasonable progress or any other applicable requirements of
the CAA. As explained in the NPRM, the changes either create additional
restrictions on open burning and thus improve air quality or are
ministerial in nature. EPA notes that the Chattanooga area is in
attainment of all NAAQS, with design values for the 2012 fine
particulate matter and 2015 8-hour ozone NAAQS well below the
standards.\5\
---------------------------------------------------------------------------
\5\ The 2018 design value is 8.8 micrograms per cubic meter
([micro]g/m\3\) for the 2012 fine particulate matter NAAQS (set at
12 [micro]g/m\3\), and the 2018 design value is 0.66 parts per
million (ppm) for the 2015 8-hour ozone NAAQS (set at 0.70 ppm).
---------------------------------------------------------------------------
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Chattanooga
Air Pollution Control Ordinance Part II, Chapter 4, Article II, Section
4-41, Rule 6--``Prohibition of Open Burning,'' locally effective on
October 3, 2017.6 7 EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\8\
---------------------------------------------------------------------------
\6\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
footnote 2, supra.
\7\ In the November 25, 2019, NPRM (84 FR 64806), EPA
inadvertently misidentified the locally effective date for
Chattanooga's Section 4-41, Rule 6, as January 23, 2017. The correct
date is October 3, 2017.
\8\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving changes to Section 4-41, Rule 6--``Prohibition of
Open Burning'' into the Chattanooga portion of the Tennessee SIP
because the changes are consistent with section 110 of the CAA. The SIP
revision adds, clarifies, and updates Rule 6 consistent with applicable
requirements.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a
[[Page 14422]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 11, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur
oxides, Volatile organic compounds.
Dated: February 27, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220. in paragraph (c), amend Table 4 by revising the
entry for ``Section 4-41, Rule 6'' under the heading ``Article II.
Section 4-41 Rules, Regulations, Criteria, Standards'' to read as
follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 4--EPA Approved Chattanooga Regulations
----------------------------------------------------------------------------------------------------------------
State section Title/subject Adoption date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4-41 Rule 6........... Prohibition of 10/3/17 3/12/20,......... EPA's approval includes
Open Burning. [Insert citation the corresponding
of publication]. sections of the Air
Pollution Control
Regulations/Ordinances
for the remaining
jurisdictions within the
Chattanooga-Hamilton
County Air Pollution
Control Bureau, which
were locally effective as
of the relevant dates
below: Hamilton County--
Section 41, Rule 6 (9/6/
17); City of Collegedale--
Section 14-341, Rule 6
(10/16/17); City of East
Ridge--Section 8-41, Rule
6 (10/12/17); City of
Lakesite--Section 14-41,
Rule 6 (11/2/17); City of
Red Bank--Section 20-41,
Rule 6 (11/21/17); City
of Soddy-Daisy--Section 8-
41, Rule 6 (10/5/17);
City of Lookout Mountain--
Section 41, Rule 6 (11/14/
17); City of Ridgeside--
Section 41, Rule 6 (1/16/
18); City of Signal
Mountain Section 41, Rule
6 (10/20/17); and Town of
Walden Section 41, Rule 6
(10/16/17).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-04772 Filed 3-11-20; 8:45 am]
BILLING CODE 6560-50-P
