Air Plan Approval; Tennessee; Volatile Organic Compounds Definition Rule Revision for Chattanooga, 17032-17034 [2020-05913]
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17032
Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
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[FR Doc. 2020–06243 Filed 3–25–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0838; FRL–10006–
95–Region 4]
Air Plan Approval; Tennessee; Volatile
Organic Compounds Definition Rule
Revision for Chattanooga
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSKBCFDHB2PROD with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to
the Chattanooga portion of the
Tennessee State Implementation Plan
(SIP), provided by the Tennessee
Department of Environment and
Conservation on behalf of the
Chattanooga-Hamilton County Air
Pollution Control Bureau (Bureau)
through a letter dated September 12,
2018. The revision makes changes to the
definition of volatile organic
compounds (VOC) that are consistent
with changes to state and federal
regulations. EPA is approving the
changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule will be effective April
27, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0838. 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
VerDate Sep<11>2014
15:56 Mar 25, 2020
Jkt 250001
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve
changes to the Chattanooga portion of
the Tennessee SIP 1 that were provided
to EPA through a letter dated September
12, 2018.2 EPA is finalizing approval of
the portions of this SIP revision that
make changes to air quality rules in
Chattanooga Ordinance Part II, Chapter
4, Section 4–2, Definitions.3 4 5 The
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.
2 EPA received the SIP revision on September 18,
2018.
3 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 2
(9/6/17); City of Collegedale—Section 14–302 (10/
16/17); City of East Ridge—Section 8–2 (10/12/17);
City of Lakesite—Section 14–2 (11/2/17); City of
Red Bank—Section 20–2 (11/21/17); City of SoddyDaisy—Section 8–2 (10/5/17); City of Lookout
Mountain—Section 2 (11/14/17); City of
Ridgeside—Section 2 (1/16/18); City of Signal
Mountain—Section 2 (10/20/17); and Town of
Walden—Section 2 (10/16/17).
4 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.
5 EPA finalized its approval of a separate portion
of the September 12, 2018 SIP submittal through a
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September 12, 2018, SIP revision makes
changes to the definition of ‘‘Volatile
Organic Compounds’’ in paragraphs 1
and 2 of that section to make the
Chattanooga portion consistent with
changes to Federal and SIP-approved
Tennessee regulations.
In a notice of proposed rulemaking
(NPRM) published on May 20, 2019 (84
FR 22786), EPA proposed to approve the
aforementioned changes to Part II,
Chapter 4, Section 4–2, Definitions, in
the Chattanooga portion of the
Tennessee SIP. The NPRM provides
additional details regarding EPA’s
action. Comments on the NPRM were
due on or before June 19, 2019. EPA
received one comment on the proposed
action. That comment is discussed
below. EPA issued a minor clarification
of its May 20, 2019 NPRM in a second
NPRM published on November 25, 2019
(84 FR 64806) which also included a
proposal to approve changes to
Chattanooga’s SIP-approved open
burning rules. EPA received two
comments on the proposed action
regarding the open burning rules, which
are not relevant to the changes to Part
II, Chapter 4, Section 4–2, Definitions
and will be addressed in a separate final
action.
II. Response to Comment
Comment: The Commenter asks why
EPA needs to approve this SIP revision
and suggests that states should not have
to update their regulations and SIP
whenever EPA changes a definition. The
Commenter also suggests that EPA
should establish a policy exempting
such changes from needing a SIP
revision and EPA approval.
Response: Although the purpose of
the SIP revision is to make the
definition of VOC in the Chattanooga
portion of the Tennessee SIP consistent
with the definition of VOC in the
Federal and SIP-approved Tennessee
regulations, EPA did not impose a
requirement that Tennessee or the
Bureau, or any other state or local
entity, revise its SIP to adopt the
changes to the Federal definition that
are addressed in the September 12, 2018
SIP revision. As explained herein and in
the NPRM, see 84 FR at 22786, the
Bureau, through Tennessee, requested
this SIP revision, which has the effect of
excluding additional compounds
regulated as VOC. Pursuant to CAA
section 110(k)(3), 42 U.S.C. 7410(k)(3),
‘‘EPA shall approve’’ a SIP revision ‘‘if
it meets all of the applicable
requirements’’ of the Act. Thus, as a
July 31, 2019 (84 FR 37099) rulemaking. EPA will
act on the remaining portions of the September 12,
2018 submittal in a separate action.
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26MRR1
Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
matter of law, EPA is required to
approve a SIP revision if it meets the
Act’s requirements, as this Tennessee
SIP revision does.
To the extent the Commenter is
suggesting EPA establish a policy
regarding such SIP revisions, EPA
acknowledges the comment but notes
that it is outside the scope of the action
and does not require a substantive
response.
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 City Code,
Part II, Chapter 4, Section 4–2, locally
effective on October 3, 2017,6 which
make changes to definitions.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 taking final action to approve
the changes to the definition of VOC in
Chapter 4 of Part II, Section 4–2, of the
Chattanooga portion of the Tennessee
SIP because the changes are consistent
with section 110 of the CAA.
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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 action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
6 In the May 20, 2019, NPRM, EPA inadvertently
misidentified the locally effective date for
Chattanooga’s Section 4–2 as January 23, 2017. The
correct date is October 3, 2017.
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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
7 EPA’s approval also includes regulations/
ordinances submitted for the other ten jurisdictions
within the Bureau. See footnote 3, supra.
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17033
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 26, 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, Ozone, Volatile organic
compounds.
Dated: February 13, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220, in paragraph (c),
amend Table 4 by revising the entry for
‘‘Section 4–2’’ under the heading
‘‘Article I. In General’’ to read as
follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
8 See
E:\FR\FM\26MRR1.SGM
*
*
62 FR 27968 (May 22, 1997).
26MRR1
17034
Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
TABLE 4—EPA APPROVED CHATTANOOGA REGULATIONS
State section
Title/subject
Adoption date
EPA approval date
Explanation
Article I. In General
*
Section 4–2 .................
*
Definitions .................
*
*
*
*
*
*
*
10/3/17
*
*
[FR Doc. 2020–05913 Filed 3–25–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066]
RTID 0648–XY092
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: NMFS is reallocating the
projected unused amounts of the
Community Development Quota (CDQ)
pollock directed fishing allowance
(DFA) from the Aleutian Islands subarea
to the Bering Sea subarea. This action is
*
3/26/20, [Insert citation of publication].
*
*
*
EPA’s approval includes the following 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 2 (9/6/17); City of
Collegedale—Section 14–302 (10/16/17); City of
East Ridge—Section 8–2 (10/12/17); City of
Lakesite—Section 14–2 (11/2/17); City of Red
Bank—Section 20–2 (11/21/17); City of SoddyDaisy—Section 8–2 (10/5/17); City of Lookout
Mountain—Section 2 (11/14/17); City of
Ridgeside—Section 2 (1/16/18); City of Signal
Mountain—Section 2 (10/20/17); and City of Walden—Section 2 (10/16/17).
*
*
necessary to provide opportunity for
harvest of the 2020 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(BSAI).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 26, 2020, through
2400 hrs, A.l.t., December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2020 pollock total
allowable catch (TAC) allocated to the
CDQ DFA is 1,900 mt as established by
the final 2020 and 2021 harvest
*
*
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020).
As of March 18, 2020, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 1,900 mt of pollock
CDQ DFA in the Aleutian Islands
subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 1,900 mt of pollock CDQ
DFA from the Aleutian Islands subarea
to the Bering Sea subarea CDQ DFA.
The 2020 Bering Sea subarea pollock
incidental catch allowance remains at
47,453 mt. As a result, the 2020 harvest
specifications for pollock in the
Aleutian Islands subarea included in the
final 2020 and 2021 harvest
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020) are
revised as follows: 0 mt to CDQ DFA.
Furthermore, pursuant to § 679.20(a)(5),
Table 4 of the final 2020 and 2021
harvest specifications for groundfish in
the BSAI (85 FR 13553, March 9, 2020)
is revised to make 2020 pollock
allocations consistent with this
reallocation. This reallocation results in
an adjustment to the 2020 CDQ pollock
allocation established at § 679.20(a)(5).
TABLE 4—FINAL 2020 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
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[Amounts are in metric tons]
2020 A season 1
2020
Allocations
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
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1,426,900
144,400
47,453
A season DFA
n/a
64,980
n/a
E:\FR\FM\26MRR1.SGM
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2020 B
season 1
SCA harvest
limit 2
n/a
40,432
n/a
B season DFA
n/a
79,420
n/a
]]>Agencies
[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17032-17034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05913]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0838; FRL-10006-95-Region 4]
Air Plan Approval; Tennessee; Volatile Organic Compounds
Definition Rule Revision 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 Tennessee Department of
Environment and Conservation on behalf of the Chattanooga-Hamilton
County Air Pollution Control Bureau (Bureau) through a letter dated
September 12, 2018. The revision makes changes to the definition of
volatile organic compounds (VOC) that are consistent with changes to
state and federal regulations. EPA is approving the changes because
they are consistent with the Clean Air Act (CAA or Act).
DATES: This rule will be effective April 27, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0838. 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: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve changes to the Chattanooga
portion of the Tennessee SIP \1\ that were provided to EPA through a
letter dated September 12, 2018.\2\ EPA is finalizing approval of the
portions of this SIP revision that make changes to air quality rules in
Chattanooga Ordinance Part II, Chapter 4, Section 4-2,
Definitions.3 4 5 The September 12, 2018, SIP revision makes
changes to the definition of ``Volatile Organic Compounds'' in
paragraphs 1 and 2 of that section to make the Chattanooga portion
consistent with changes to Federal and SIP-approved Tennessee
regulations.
---------------------------------------------------------------------------
\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.
\2\ EPA received the SIP revision on September 18, 2018.
\3\ 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 2 (9/6/17); City of
Collegedale--Section 14-302 (10/16/17); City of East Ridge--Section
8-2 (10/12/17); City of Lakesite--Section 14-2 (11/2/17); City of
Red Bank--Section 20-2 (11/21/17); City of Soddy-Daisy--Section 8-2
(10/5/17); City of Lookout Mountain--Section 2 (11/14/17); City of
Ridgeside--Section 2 (1/16/18); City of Signal Mountain--Section 2
(10/20/17); and Town of Walden--Section 2 (10/16/17).
\4\ 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.
\5\ EPA finalized its approval of a separate portion of the
September 12, 2018 SIP submittal through a July 31, 2019 (84 FR
37099) rulemaking. EPA will act on the remaining portions of the
September 12, 2018 submittal in a separate action.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on May 20, 2019
(84 FR 22786), EPA proposed to approve the aforementioned changes to
Part II, Chapter 4, Section 4-2, Definitions, in the Chattanooga
portion of the Tennessee SIP. The NPRM provides additional details
regarding EPA's action. Comments on the NPRM were due on or before June
19, 2019. EPA received one comment on the proposed action. That comment
is discussed below. EPA issued a minor clarification of its May 20,
2019 NPRM in a second NPRM published on November 25, 2019 (84 FR 64806)
which also included a proposal to approve changes to Chattanooga's SIP-
approved open burning rules. EPA received two comments on the proposed
action regarding the open burning rules, which are not relevant to the
changes to Part II, Chapter 4, Section 4-2, Definitions and will be
addressed in a separate final action.
II. Response to Comment
Comment: The Commenter asks why EPA needs to approve this SIP
revision and suggests that states should not have to update their
regulations and SIP whenever EPA changes a definition. The Commenter
also suggests that EPA should establish a policy exempting such changes
from needing a SIP revision and EPA approval.
Response: Although the purpose of the SIP revision is to make the
definition of VOC in the Chattanooga portion of the Tennessee SIP
consistent with the definition of VOC in the Federal and SIP-approved
Tennessee regulations, EPA did not impose a requirement that Tennessee
or the Bureau, or any other state or local entity, revise its SIP to
adopt the changes to the Federal definition that are addressed in the
September 12, 2018 SIP revision. As explained herein and in the NPRM,
see 84 FR at 22786, the Bureau, through Tennessee, requested this SIP
revision, which has the effect of excluding additional compounds
regulated as VOC. Pursuant to CAA section 110(k)(3), 42 U.S.C.
7410(k)(3), ``EPA shall approve'' a SIP revision ``if it meets all of
the applicable requirements'' of the Act. Thus, as a
[[Page 17033]]
matter of law, EPA is required to approve a SIP revision if it meets
the Act's requirements, as this Tennessee SIP revision does.
To the extent the Commenter is suggesting EPA establish a policy
regarding such SIP revisions, EPA acknowledges the comment but notes
that it is outside the scope of the action and does not require a
substantive response.
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
City Code, Part II, Chapter 4, Section 4-2, locally effective on
October 3, 2017,\6\ which make changes to definitions.\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\ In the May 20, 2019, NPRM, EPA inadvertently misidentified
the locally effective date for Chattanooga's Section 4-2 as January
23, 2017. The correct date is October 3, 2017.
\7\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
footnote 3, supra.
\8\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to approve the changes to the definition
of VOC in Chapter 4 of Part II, Section 4-2, of the Chattanooga portion
of the Tennessee SIP because the changes are consistent with section
110 of the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 26, 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, Ozone, Volatile organic compounds.
Dated: February 13, 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 4-2'' under the heading ``Article I. In General''
to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 17034]]
Table 4--EPA Approved Chattanooga Regulations
----------------------------------------------------------------------------------------------------------------
State section Title/subject Adoption date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Article I. In General
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4-2................... Definitions...... 10/3/17 3/26/20, [Insert EPA's approval includes
citation of the following sections of
publication]. 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 2 (9/6/17); City
of Collegedale--Section
14-302 (10/16/17); City
of East Ridge--Section 8-
2 (10/12/17); City of
Lakesite--Section 14-2
(11/2/17); City of Red
Bank--Section 20-2 (11/21/
17); City of Soddy-Daisy--
Section 8-2 (10/5/17);
City of Lookout Mountain--
Section 2 (11/14/17);
City of Ridgeside--
Section 2 (1/16/18); City
of Signal Mountain--
Section 2 (10/20/17); and
City of Walden--Section 2
(10/16/17).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-05913 Filed 3-25-20; 8:45 am]
BILLING CODE 6560-50-P
