Air Plan Approval; Tennessee: Chattanooga NSR Reform, 18126-18129 [2020-06583]
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18126
Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–402–5761,
sujaya.dessai@fda.hhs.gov.
Norbrook
Laboratories, Ltd., Station Works,
Newry BT35 6JP, Northern Ireland, has
requested that FDA withdraw approval
SUPPLEMENTARY INFORMATION:
File No.
055–036
055–050
055–056
055–061
055–068
065–013
065–493
065–500
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
PRINCILLIN (ampicillin trihydrate) Capsules .........................................................................................
PRINCILLIN (ampicillin trihydrate) Soluble Powder ...............................................................................
PRINCILLIN (ampicillin trihydrate) Bolus ...............................................................................................
PRINCILLIN ‘‘125’’ For Oral Suspension ...............................................................................................
BOVICLOX (cloxacillin benzathine) .......................................................................................................
Dihydrostreptomycin (dihydrostreptomycin sulfate) ...............................................................................
JETPEN (penicillin G benzathine and penicillin G procaine) Aqueous Suspension .............................
TANDEM PEN (penicillin G procaine) ...................................................................................................
Dated: March 25, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–06689 Filed 3–30–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 716
[Docket ID: USN–2019–HQ–0016]
RIN 0703–AB23
Death Gratuity
Department of the Navy (DON),
DoD.
ACTION:
Final rule.
This final rule removes the
Department of the Navy (DON)
regulation requiring the Secretary of the
Navy to pay a death gratuity between
$800 and $3,000 upon the death of a
member of the naval service while on
active duty, active duty for training, or
inactive duty training. That benefit is
enumerated in both U.S. Code and the
Department of Defense (DoD) Financial
Management Regulation. The DoD and
DON have robust procedures for
responding to the death of a service
member. This part has been determined
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21 CFR
section
Product name
Therefore, under authority delegated
to the Commissioner of Food and Drugs
and in accordance with § 514.116 Notice
of withdrawal of approval of application
(21 CFR 514.116), notice is given that
approval of NADAs 055–036, 055–050,
055–056, 055–061, 055–068, 065–013,
065–493, and 065–500, and all
supplements and amendments thereto,
is withdrawn, effective March 30, 2020.
Elsewhere in this issue of the Federal
Register, FDA is amending the animal
drug regulations to reflect the voluntary
withdrawal of approval of these
applications.
AGENCY:
of the NADAs listed in the following
table because the products are no longer
manufactured or marketed:
16:27 Mar 31, 2020
Jkt 250001
to be duplicative of statute and internal
policy, thus it should be removed from
the CFR.
DATES:
This rule is effective on April 1,
2020.
520.90c.
520.90e.
520.90f.
520.90d.
526.464b.
522.650.
522.1696a.
522.1696b.
Dated: March 26, 2020.
D.J. Antenucci,
Commander, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
[FR Doc. 2020–06694 Filed 3–31–20; 8:45 am]
BILLING CODE 3810–FF–P
FOR FURTHER INFORMATION CONTACT:
CDR
Dave Melson at 703–697–1311.
32 CFR
part 716, ‘‘Death Gratuity,’’ last updated
on May 2, 1979 (44 FR 25647), contains
information regarding DON payments of
death gratuity. The Department of
Defense publishes the policies, process
and requirements around death gratuity
payments in Chapter 36 of Volume 7A
of the Financial Management Regulation
(DoD 7000.14–R was updated March
2018 and is available at https://
comptroller.defense.gov/Portals/45/
documents/fmr/Volume_07a.pdf).
Additionally, 10 U.S. Code 1475–1480
captures all current guidance related to
the death gratuity. It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since this
subject matter is already addressed in
statute and by internal DoD policies and
procedures that are publicly available
on the Department’s website.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
Removal of this part supports a
recommendation of the DoD Regulatory
Reform Task Force.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 716
Military personnel.
PART 716—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 716 is removed.
■
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0294; FRL–10007–
17–Region 4]
Air Plan Approval; Tennessee:
Chattanooga NSR Reform
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
revisions to the Tennessee State
Implementation Plan (SIP) submitted
through two letters dated June 25, 2008,
and September 12, 2018. The SIP
revisions were submitted by the
Tennessee Department of Environment
and Conservation (TDEC) on behalf of
the Chattanooga/Hamilton County Air
Pollution Control Bureau and modify
the Prevention of Significant
Deterioration (PSD) regulations in the
Chattanooga portion of the Tennessee
SIP to address changes to the federal
new source review (NSR) regulations in
recent years for the implementation of
the national ambient air quality
standards (NAAQS). Additionally, the
SIP revisions include updates to
Chattanooga’s regulations of nitrogen
oxides (NOX) and other miscellaneous
typographical and administrative
updates. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective May 1,
2020.
SUMMARY:
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0294. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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:
ADDRESSES:
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I. This Action
EPA is taking final action to approve
changes to the Chattanooga-Hamilton
County portion of the Tennessee SIP
regarding PSD permitting, as well as
updates to the regulations of NOX and
other miscellaneous typographical and
administrative updates, submitted by
TDEC on behalf of the Chattanooga/
Hamilton County Air Pollution Control
Bureau (Bureau) through two letters
dated June 25, 2008, and September 12,
2018.1 2 3 EPA is finalizing approval of
1 EPA received the SIP revisions on July 8, 2008,
and September 18, 2018, respectively.
2 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.
3 On January 16, 2020, TDEC submitted, on behalf
of the Bureau, a letter dated January 15, 2020,
providing supplemental information for the
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portions of these SIP revisions that
make changes to the Chattanooga City
Code, Part II, Chapter 4, Article II,
Section 4–41. Specifically, EPA is
approving changes in Section 4–41,
which include 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.4 5 6 7
Aside from making typographical and
administrative corrections to some of
the rules, these SIP revisions are meant
to address changes to the federal NSR
regulations, as promulgated by EPA in
various rules and as described in EPA’s
February 11, 2020, notice of proposed
rulemaking (NPRM). See 85 FR 7986. In
the February 11, 2020, NPRM, EPA
proposed to approve the aforementioned
changes to Section 4–41, 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 in the
Chattanooga–Hamilton County portion
September 12, 2018, submittal. This letter is
discussed in the proposed action (85 FR 7986) and
is available in the Docket.
4 The list of SIP-approved rules for Chattanooga/
Hamilton County, found at Table 4 of 40 CFR
52.2220(c), currently shows the title of Section
4–41, Rule 18 as ‘‘Prevention of Significant Air
Quality Deterioration.’’ In this final rule, EPA is
approving a change to this title to instead show
‘‘Prevention of Significant Deterioration of Air
Quality.’’
5 In this final action, EPA is also approving
substantively identical changes from Chattanooga’s
Section 4–41, Rule 18, 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 18
(9/6/17); City of Collegedale—Section 14–341, Rule
18 (10/16/17); City of East Ridge—Section 8–41,
Rule 18 (10/12/17); City of Lakesite—Section 14–41,
Rule 18 (11/2/17); City of Red Bank—Section 20–
41, Rule 18 (11/21/17); City of Soddy-Daisy—
Section 8–41, Rule 18 (10/5/17); City of Lookout
Mountain—Section 41, Rule 18 (11/14/17); City of
Ridgeside Section 41, Rule 18 (1/16/18); City of
Signal Mountain Section 41, Rule 18 (10/20/17);
and Town of Walden Section 41, Rule 18 (10/16/
17). However, changes to Chattanooga’s Section
4–41, Rule 2 and Rule 9, only apply to the City of
Chattanooga (12/12/07); Hamilton County—Section
8–541, Rules 2 and 9 (11/7/07); and City of
Collegedale—Section 8–541, Rules 2 and 9
(1/22/08); therefore, EPA is not approving any
corresponding Regulations/Ordinances for the
remaining municipalities.
6 In the February 11, 2020, NPRM (85 FR 7686),
EPA inadvertently misidentified the section
numbers for: (1) Hamilton County’s Rules 2 and 9,
as Section 41; and (2) the City of Collegedale’s
Rules 2 and 9, as Section 14–341. The correct
section number for both municipalities is Section
8–541.
7 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
jurisdictions for brevity and simplicity.
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of the Tennessee SIP. The February 11,
2020, NPRM provides additional details
regarding EPA’s action. Comments on
the February 11, 2020, NPRM were due
on or before March 12, 2020. EPA
received no adverse comments on the
proposed action.
II. 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 4–41, Rule
2—Regulation of Nitrogen Oxides; and
Rule 9—Regulation of Visible Emissions
from Internal Combustion Engines, both
locally effective December 12, 2007; as
well as Rule 18—Prevention of
Significant Deterioration of Air Quality,
locally effective October 3, 2017.8 9 The
revisions are designed to address
changes to the Federal NSR regulations
in recent years for the implementation
of the NAAQS and updates to
Chattanooga’s regulations of NOX and
other miscellaneous typographical and
administrative updates. 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.10
III. Final Action
EPA is taking final action to approve
changes to Chattanooga’s June 25, 2008,
and September 12, 2018, SIP submittals,
meant to address changes to the federal
NSR regulations, as well as making
typographical and administrative
updates. Specifically, EPA is finalizing
approval of changes to Chattanooga City
Code, Part II, Chapter 4, Section 4–41,
which include updates to Rule 2—
8 EPA’s approval also includes regulations/
ordinances submitted for the other ten jurisdictions
within the Bureau. See supra notes 2 and 5.
9 In the February 11, 2020, NPRM (85 FR 7986),
EPA inadvertently misidentified the locally
effective dates for: (1) Chattanooga’s Section 4–41,
Rule 18, as January 23, 2017; and (2) the City of
Lakesite’s Section 14–41, Rule 18, as October 17,
2017. The correct dates are October 3, 2017, and
November 2, 2017, respectively.
10 See 62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
Regulation of Nitrogen Oxides; Rule 9—
Regulation of Visible Emissions from
Internal Combustion Engines, and Rule
18—Prevention of Significant
Deterioration of Air Quality. EPA is
approving changes into the Chattanooga
portion of the Tennessee SIP because
the changes are consistent with section
110 of the CAA.
IV. 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 approve
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these 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
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, 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.
These actions are 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 June 1, 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. These actions 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 17, 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, paragraph (c), amend
table 4 by revising the entries for
‘‘Section 4–41, Rule 2,’’ ‘‘Section 4–41,
Rule 9,’’ and ‘‘Section 4–41, Rule 18,’’
under the heading ‘‘Article II. Section
4–41 Rules, Regulations, Criteria,
Standards’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 4—EPA-APPROVED CHATTANOOGA REGULATIONS
State section
Adoption
date
Title/subject
*
*
*
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Article II. Section 4–41
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Explanation
*
*
Rules, Regulations, Criteria, Standards
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
18129
TABLE 4—EPA-APPROVED CHATTANOOGA REGULATIONS—Continued
Adoption
date
State section
Title/subject
*
Section 4–41 Rule 2 ....
*
Regulation of Nitrogen Oxides ...
*
*
Section 4–41 Rule 9 ....
*
Regulation of Visible Emissions
from Internal Combustion Engines.
*
*
Section 4–41 Rule 18 ..
*
Prevention of Significant Deterioration of Air Quality.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2020–0005; Internal
Agency Docket No. FEMA–8623]
Suspension of Community Eligibility
*
*
April 1, 2020, [Insert citation of
publication].
*
*
EPA’s approval includes the corresponding sections of
the Air Pollution Control Regulations/Ordinances for
the following jurisdictions within the ChattanoogaHamilton County Air Pollution Control Bureau, which
were locally effective as of the relevant dates below:
Hamilton County—Section 8–541, Rule 2 (11/7/07);
and City of Collegedale—Section 8–541, Rule 2 (1/
22/08).
12/12/07
*
*
April 1, 2020, [Insert citation of
publication].
*
*
EPA’s approval includes the corresponding sections of
the Air Pollution Control Regulations/Ordinances for
the following jurisdictions within the ChattanoogaHamilton County Air Pollution Control Bureau, which
were locally effective as of the relevant dates below:
Hamilton County—Section 8–541, Rule 9 (11/7/07);
and City of Collegedale—Section 8–541, Rule 9 (1/
22/08).
10/3/17
*
*
April 1, 2020, [Insert citation of
publication].
*
*
EPA’s approval includes the corresponding sections of
the Air Pollution Control Regulations/Ordinances for
the remaining jurisdictions within the ChattanoogaHamilton County Air Pollution Control Bureau, which
were locally effective as of the relevant dates below:
Hamilton County—Section 41, Rule 18 (9/6/17); City
of Collegedale—Section 14–341, Rule 18 (10/16/
17); City of East Ridge—Section 8–41, Rule 18 (10/
12/17); City of Lakesite—Section 14–41, Rule 18
(11/2/17); City of Red Bank—Section 20–41, Rule
18 (11/21/17); City of Soddy-Daisy—Section 8–41,
Rule 18 (10/5/17); City of Lookout Mountain—Section 41, Rule 18 (11/14/17); City of Ridgeside Section 41, Rule 18 (1/16/18); City of Signal Mountain
Section 41, Rule 18 (10/20/17); and Town of Walden Section 41, Rule 18 (10/16/17).
*
*
The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
DATES:
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
SUMMARY:
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12/12/07
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
*
16:27 Mar 31, 2020
Explanation
*
[FR Doc. 2020–06583 Filed 3–31–20; 8:45 am]
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*
*
The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18126-18129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06583]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0294; FRL-10007-17-Region 4]
Air Plan Approval; Tennessee: Chattanooga NSR Reform
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Tennessee State Implementation Plan (SIP)
submitted through two letters dated June 25, 2008, and September 12,
2018. The SIP revisions were submitted by the Tennessee Department of
Environment and Conservation (TDEC) on behalf of the Chattanooga/
Hamilton County Air Pollution Control Bureau and modify the Prevention
of Significant Deterioration (PSD) regulations in the Chattanooga
portion of the Tennessee SIP to address changes to the federal new
source review (NSR) regulations in recent years for the implementation
of the national ambient air quality standards (NAAQS). Additionally,
the SIP revisions include updates to Chattanooga's regulations of
nitrogen oxides (NOX) and other miscellaneous typographical
and administrative updates. This action is being taken pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective May 1, 2020.
[[Page 18127]]
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0294. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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. This Action
EPA is taking final action to approve changes to the Chattanooga-
Hamilton County portion of the Tennessee SIP regarding PSD permitting,
as well as updates to the regulations of NOX and other
miscellaneous typographical and administrative updates, submitted by
TDEC on behalf of the Chattanooga/Hamilton County Air Pollution Control
Bureau (Bureau) through two letters dated June 25, 2008, and September
12, 2018.1 2 3 EPA is finalizing approval of portions of
these SIP revisions that make changes to the Chattanooga City Code,
Part II, Chapter 4, Article II, Section 4-41. Specifically, EPA is
approving changes in Section 4-41, which include 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.4 5 6 7
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\1\ EPA received the SIP revisions on July 8, 2008, and
September 18, 2018, respectively.
\2\ 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.
\3\ On January 16, 2020, TDEC submitted, on behalf of the
Bureau, a letter dated January 15, 2020, providing supplemental
information for the September 12, 2018, submittal. This letter is
discussed in the proposed action (85 FR 7986) and is available in
the Docket.
\4\ The list of SIP-approved rules for Chattanooga/Hamilton
County, found at Table 4 of 40 CFR 52.2220(c), currently shows the
title of Section 4-41, Rule 18 as ``Prevention of Significant Air
Quality Deterioration.'' In this final rule, EPA is approving a
change to this title to instead show ``Prevention of Significant
Deterioration of Air Quality.''
\5\ In this final action, EPA is also approving substantively
identical changes from Chattanooga's Section 4-41, Rule 18, 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 18 (9/6/17); City of Collegedale--Section
14-341, Rule 18 (10/16/17); City of East Ridge--Section 8-41, Rule
18 (10/12/17); City of Lakesite--Section 14-41, Rule 18 (11/2/17);
City of Red Bank--Section 20-41, Rule 18 (11/21/17); City of Soddy-
Daisy--Section 8-41, Rule 18 (10/5/17); City of Lookout Mountain--
Section 41, Rule 18 (11/14/17); City of Ridgeside Section 41, Rule
18 (1/16/18); City of Signal Mountain Section 41, Rule 18 (10/20/
17); and Town of Walden Section 41, Rule 18 (10/16/17). However,
changes to Chattanooga's Section 4-41, Rule 2 and Rule 9, only apply
to the City of Chattanooga (12/12/07); Hamilton County--Section 8-
541, Rules 2 and 9 (11/7/07); and City of Collegedale--Section 8-
541, Rules 2 and 9 (1/22/08); therefore, EPA is not approving any
corresponding Regulations/Ordinances for the remaining
municipalities.
\6\ In the February 11, 2020, NPRM (85 FR 7686), EPA
inadvertently misidentified the section numbers for: (1) Hamilton
County's Rules 2 and 9, as Section 41; and (2) the City of
Collegedale's Rules 2 and 9, as Section 14-341. The correct section
number for both municipalities is Section 8-541.
\7\ 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
jurisdictions for brevity and simplicity.
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Aside from making typographical and administrative corrections to
some of the rules, these SIP revisions are meant to address changes to
the federal NSR regulations, as promulgated by EPA in various rules and
as described in EPA's February 11, 2020, notice of proposed rulemaking
(NPRM). See 85 FR 7986. In the February 11, 2020, NPRM, EPA proposed to
approve the aforementioned changes to Section 4-41, 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 in the Chattanooga-Hamilton County portion
of the Tennessee SIP. The February 11, 2020, NPRM provides additional
details regarding EPA's action. Comments on the February 11, 2020, NPRM
were due on or before March 12, 2020. EPA received no adverse comments
on the proposed action.
II. 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 4-41, Rule 2--Regulation of
Nitrogen Oxides; and Rule 9--Regulation of Visible Emissions from
Internal Combustion Engines, both locally effective December 12, 2007;
as well as Rule 18--Prevention of Significant Deterioration of Air
Quality, locally effective October 3, 2017.8 9 The revisions
are designed to address changes to the Federal NSR regulations in
recent years for the implementation of the NAAQS and updates to
Chattanooga's regulations of NOX and other miscellaneous
typographical and administrative updates. 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.\10\
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\8\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
supra notes 2 and 5.
\9\ In the February 11, 2020, NPRM (85 FR 7986), EPA
inadvertently misidentified the locally effective dates for: (1)
Chattanooga's Section 4-41, Rule 18, as January 23, 2017; and (2)
the City of Lakesite's Section 14-41, Rule 18, as October 17, 2017.
The correct dates are October 3, 2017, and November 2, 2017,
respectively.
\10\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve changes to Chattanooga's June
25, 2008, and September 12, 2018, SIP submittals, meant to address
changes to the federal NSR regulations, as well as making typographical
and administrative updates. Specifically, EPA is finalizing approval of
changes to Chattanooga City Code, Part II, Chapter 4, Section 4-41,
which include updates to Rule 2--
[[Page 18128]]
Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions
from Internal Combustion Engines, and Rule 18--Prevention of
Significant Deterioration of Air Quality. EPA is approving changes into
the Chattanooga portion of the Tennessee SIP because the changes are
consistent with section 110 of the CAA.
IV. 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
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these 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 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, 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. These actions are 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 June 1, 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. These actions 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 17, 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, paragraph (c), amend table 4 by revising the
entries for ``Section 4-41, Rule 2,'' ``Section 4-41, Rule 9,'' and
``Section 4-41, Rule 18,'' 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
----------------------------------------------------------------------------------------------------------------
Adoption
State section Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------
[[Page 18129]]
* * * * * * *
Section 4-41 Rule 2.......... Regulation of 12/12/07 April 1, 2020, EPA's approval includes
Nitrogen Oxides. [Insert citation of the corresponding
publication]. sections of the Air
Pollution Control
Regulations/Ordinances
for the following
jurisdictions within
the Chattanooga-
Hamilton County Air
Pollution Control
Bureau, which were
locally effective as of
the relevant dates
below: Hamilton County--
Section 8-541, Rule 2
(11/7/07); and City of
Collegedale--Section 8-
541, Rule 2 (1/22/08).
* * * * * * *
Section 4-41 Rule 9.......... Regulation of 12/12/07 April 1, 2020, EPA's approval includes
Visible Emissions [Insert citation of the corresponding
from Internal publication]. sections of the Air
Combustion Engines. Pollution Control
Regulations/Ordinances
for the following
jurisdictions within
the Chattanooga-
Hamilton County Air
Pollution Control
Bureau, which were
locally effective as of
the relevant dates
below: Hamilton County--
Section 8-541, Rule 9
(11/7/07); and City of
Collegedale--Section 8-
541, Rule 9 (1/22/08).
* * * * * * *
Section 4-41 Rule 18......... Prevention of 10/3/17 April 1, 2020, EPA's approval includes
Significant [Insert citation of the corresponding
Deterioration of publication]. sections of the Air
Air Quality. 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 18 (9/
6/17); City of
Collegedale--Section 14-
341, Rule 18 (10/16/
17); City of East
Ridge--Section 8-41,
Rule 18 (10/12/17);
City of Lakesite--
Section 14-41, Rule 18
(11/2/17); City of Red
Bank--Section 20-41,
Rule 18 (11/21/17);
City of Soddy-Daisy--
Section 8-41, Rule 18
(10/5/17); City of
Lookout Mountain--
Section 41, Rule 18 (11/
14/17); City of
Ridgeside Section 41,
Rule 18 (1/16/18); City
of Signal Mountain
Section 41, Rule 18 (10/
20/17); and Town of
Walden Section 41, Rule
18 (10/16/17).
* * * * * * *
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* * * * *
[FR Doc. 2020-06583 Filed 3-31-20; 8:45 am]
BILLING CODE 6560-50-P
