Air Plan and Operating Permit Program Approval; TN; Electronic Notice (e-Notice) Provisions, 59322-59324 [2022-21235]
Download as PDF
<![CDATA[
59322
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
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 November 29, 2022. 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(s) or action(s). 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
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.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
Subpart S—Kentucky
2. In § 52.920(e), amend the table by
adding entries for ‘‘Emissions Inventory
for the 2015 8-hour Ozone NAAQS for
Northern Kentucky’’ and ‘‘Emissions
Inventory for the 2015 8-hour Ozone
NAAQS for Louisville’’ at the end of the
table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA—APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
Emissions Inventory for the
Boone, Campbell, and Kenton
2015 8-hour Ozone NAAQS
Counties (partial) in Kenfor Northern Kentucky.
tucky portion of Cincinnati,
OH-KY Area.
Emissions Inventory for the
Jefferson County in its en2015 8-hour Ozone NAAQS
tirety, and Bullitt and
for Louisville.
Oldham Counties (partial)
in Kentucky portion of Louisville, KY-IN Area.
[FR Doc. 2022–21236 Filed 9–29–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R04–OAR–2021–0363; FRL–10016–
02–R4]
Air Plan and Operating Permit Program
Approval; TN; Electronic Notice (eNotice) Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES
VerDate Sep<11>2014
16:09 Sep 29, 2022
Jkt 256001
EPA approval date
*
10/15/2021
*
9/30/2022, [Insert citation of
publication].
10/15/2021
9/30/2022, [Insert citation of
publication].
These changes address the public notice
rule provisions for the New Source
Review (NSR) and title V programs of
the Clean Air Act (CAA or Act) by
providing for electronic notice (e-notice)
and removing the mandatory
requirement to provide public notice of
a draft air permit in a printed
newspaper. EPA is approving these
changes as they are consistent with the
CAA and implementing federal
regulations.
DATES:
This rule is effective October 31,
2022.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0363. 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.
ADDRESSES:
The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the Tennessee State
Implementation Plan (SIP) and the
Tennessee title V operating permit
program (title V) submitted by the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Division of Air
Pollution Control on March 23, 2021,
and supplemented on July 1, 2022.
SUMMARY:
State submittal
date/effective
date
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Explanations
*
*
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:
Sarah LaRocca, 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. Ms. LaRocca can be
reached via telephone at (404) 562–8994
and via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\30SER1.SGM
30SER1
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
I. Background
On October 5, 2016, EPA finalized
changes to the public notice provisions
for the NSR, title V, and Outer
Continental Shelf permitting programs
of the CAA. See 81 FR 71613 (October
18, 2016). These rule changes removed
the mandatory requirement to provide
public notice of permitting actions
through publication in a newspaper and
allow for internet e-notice as an option
for permitting authorities implementing
their own EPA-approved SIP rules and
title V rules, such as Tennessee’s EPAapproved permitting programs.
Permitting authorities are not required
to adopt e-notice, however, nothing in
the revised rules prevents a permitting
authority with an EPA-approved
permitting program from continuing to
use newspaper notification and/or from
supplementing e-notice with newspaper
notification and/or additional means of
notification. For permits issued by
permitting authorities with EPAapproved programs, the rule requires
the permitting authority to use ‘‘a
consistent noticing method’’ for all
permit notices under the specific
permitting program. When e-notice is
provided, EPA’s rule requires electronic
access (e-access) to the draft permit for
the duration of the public comment
period.
Through a notice of proposed
rulemaking (NPRM), published on July
25, 2022, EPA proposed to approve
changes to Tennessee’s Rule 1200–03–
09–.01, Construction Permits; and Rule
1200–03–09–.02, Operating Permits, of
Chapter 1200–03–09, Construction and
Operating Permits, as submitted by
TDEC on March 23, 2021. See 87 FR
44076. These changes establish a
revised method of publication of public
notices for public hearings and public
comment periods and change how
documents related to permit
proceedings will be available for public
inspection. Additional details on
Tennessee’s March 23, 2021, SIP
revision, as well as EPA’s analysis of the
changes, can be found in the July 25,
2022, NPRM. Comments on the July 25,
2022, NPRM were due on or before
August 25, 2022. No adverse comments
were received on the July 25, 2022,
NPRM, so EPA is now finalizing the
approval of the changes as proposed.
jspears on DSK121TN23PROD with RULES
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, and as discussed in Section I of
this preamble, and the July 25, 2022,
NPRM, EPA is finalizing the
VerDate Sep<11>2014
16:09 Sep 29, 2022
Jkt 256001
incorporation by reference of Rule
1200–03–09–.01, Construction Permits,
state effective January 21, 2021, into the
Tennessee SIP.1 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.2
III. Final Action
As described in the July 25, 2022,
NPRM, EPA is approving the changes to
Chapter 1200–03–09, Construction and
Operating Permits; Rule 1200–03–09–
.01, Construction Permits of the
Tennessee SIP; and Rule 1200–03–09–
.02, Operating Permits, of the Tennessee
title V program, as submitted on March
23, 2021, and supplemented on July 1,
2022.
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. 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);
• 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
1 EPA is not incorporating the January 21, 2021,
state effective version of certain provisions of 1200–
03–09–.01 identified below in the amended
Explanation column of the SIP table at 40 CFR
52.2220(c).
2 See 62 FR 27968 (May 22, 1997).
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
59323
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 November 29, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
E:\FR\FM\30SER1.SGM
30SER1
59324
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
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
40 CFR Part 52
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Operating permits, Reporting and
recordkeeping requirements.
Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 as follows:
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(c), amend Table 1 by
revising the entry for ‘‘Section 1200–3–
9–.01’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
*
Section 1200–3–9–.01 .....
*
*
*
State
effective
date
Title/subject
*
Construction
Permits.
*
1/21/2021
*
*
*
*
jspears on DSK121TN23PROD with RULES
Tennessee
(a) * * *
(3) Revisions to Rule 1200–03–09–.02,
Operating Permits, of the Tennessee title V
program, submitted on March 23, 2021, and
supplemented on July 1, 2022, with a state
effective date of January 21, 2021, to allow
for electronic notice of operating permits, are
approved on September 30, 2022.
*
*
*
*
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:09 Sep 29, 2022
Jkt 256001
This regulation establishes
tolerances for residues of propamocarb
in or on onion, bulb, crop subgroup 3–
07A; leek; and kale. Bayer Crop Science
LP requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
September 30, 2022. Objections and
requests for hearings must be received
on or before November 29, 2022 and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0520, is
SUMMARY:
*
[FR Doc. 2022–21235 Filed 9–29–22; 8:45 am]
40 CFR Part 180
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
4. Amend appendix A to part 70 by
adding paragraph (a)(3) under the
heading for ‘‘Tennessee’’ to read as
follows:
■
*
*
Propamocarb; Pesticide Tolerances
Authority: 42 U.S.C. 7401, et seq.
*
*
[EPA–HQ–OPP–2021–0520; FRL–10174–01–
OCSPP]
3. The authority citation for part 70
continues to read as follows:
■
*
Explanation
*
*
*
9/30/2022, [Insert ciExcept for 1200–03–09–.01(1)(a), (1)(d), (1)(f),
tation of publication].
(4)(b)24(i)(XVII), (4)(b)29, (4)(b)47(i)(IV), (4)(j)3, (4)(k),
(5)(b)1(x)(I)(VII), and (5)(b)2(iii)(II), which have a state
effective date of 4/24/2013; 1200–3–9–.01(1)(j), which
is not incorporated into the SIP; and the PM2.5 SILs
(found in 1200–3–9–.01(5)(b)1(xix)) and the SMC
(found in 1200–3–9–.01(4)(d)6(i)(III)) provisions, as
promulgated in the October 20, 2010, PM2.5 Increments-SILs–SMC Rule.
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
*
EPA approval date
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
*
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59322-59324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21235]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R04-OAR-2021-0363; FRL-10016-02-R4]
Air Plan and Operating Permit Program Approval; TN; Electronic
Notice (e-Notice) Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of changes to the Tennessee State Implementation Plan (SIP)
and the Tennessee title V operating permit program (title V) submitted
by the State of Tennessee, through the Tennessee Department of
Environment and Conservation (TDEC), Division of Air Pollution Control
on March 23, 2021, and supplemented on July 1, 2022. These changes
address the public notice rule provisions for the New Source Review
(NSR) and title V programs of the Clean Air Act (CAA or Act) by
providing for electronic notice (e-notice) and removing the mandatory
requirement to provide public notice of a draft air permit in a printed
newspaper. EPA is approving these changes as they are consistent with
the CAA and implementing federal regulations.
DATES: This rule is effective October 31, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0363. 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, 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: Sarah LaRocca, 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. Ms. LaRocca can be
reached via telephone at (404) 562-8994 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 59323]]
I. Background
On October 5, 2016, EPA finalized changes to the public notice
provisions for the NSR, title V, and Outer Continental Shelf permitting
programs of the CAA. See 81 FR 71613 (October 18, 2016). These rule
changes removed the mandatory requirement to provide public notice of
permitting actions through publication in a newspaper and allow for
internet e-notice as an option for permitting authorities implementing
their own EPA-approved SIP rules and title V rules, such as Tennessee's
EPA-approved permitting programs. Permitting authorities are not
required to adopt e-notice, however, nothing in the revised rules
prevents a permitting authority with an EPA-approved permitting program
from continuing to use newspaper notification and/or from supplementing
e-notice with newspaper notification and/or additional means of
notification. For permits issued by permitting authorities with EPA-
approved programs, the rule requires the permitting authority to use
``a consistent noticing method'' for all permit notices under the
specific permitting program. When e-notice is provided, EPA's rule
requires electronic access (e-access) to the draft permit for the
duration of the public comment period.
Through a notice of proposed rulemaking (NPRM), published on July
25, 2022, EPA proposed to approve changes to Tennessee's Rule 1200-03-
09-.01, Construction Permits; and Rule 1200-03-09-.02, Operating
Permits, of Chapter 1200-03-09, Construction and Operating Permits, as
submitted by TDEC on March 23, 2021. See 87 FR 44076. These changes
establish a revised method of publication of public notices for public
hearings and public comment periods and change how documents related to
permit proceedings will be available for public inspection. Additional
details on Tennessee's March 23, 2021, SIP revision, as well as EPA's
analysis of the changes, can be found in the July 25, 2022, NPRM.
Comments on the July 25, 2022, NPRM were due on or before August 25,
2022. No adverse comments were received on the July 25, 2022, NPRM, so
EPA is now finalizing the approval of the changes as proposed.
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, and as discussed in Section I of this preamble, and the July 25,
2022, NPRM, EPA is finalizing the incorporation by reference of Rule
1200-03-09-.01, Construction Permits, state effective January 21, 2021,
into the Tennessee SIP.\1\ 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.\2\
---------------------------------------------------------------------------
\1\ EPA is not incorporating the January 21, 2021, state
effective version of certain provisions of 1200-03-09-.01 identified
below in the amended Explanation column of the SIP table at 40 CFR
52.2220(c).
\2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
As described in the July 25, 2022, NPRM, EPA is approving the
changes to Chapter 1200-03-09, Construction and Operating Permits; Rule
1200-03-09-.01, Construction Permits of the Tennessee SIP; and Rule
1200-03-09-.02, Operating Permits, of the Tennessee title V program, as
submitted on March 23, 2021, and supplemented on July 1, 2022.
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. 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);
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 November 29, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not
[[Page 59324]]
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
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.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 as follows:
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(c), amend Table 1 by revising the entry for
``Section 1200-3-9-.01'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * *
Section 1200-3-9-.01........... Construction 1/21/2021 9/30/2022, [Insert Except for 1200-
Permits. citation of publication]. 03-09-.01(1)(a
), (1)(d),
(1)(f),
(4)(b)24(i)(XV
II), (4)(b)29,
(4)(b)47(i)(IV
), (4)(j)3,
(4)(k),
(5)(b)1(x)(I)(
VII), and
(5)(b)2(iii)(I
I), which have
a state
effective date
of 4/24/2013;
1200-3-9-.01(1
)(j), which is
not
incorporated
into the SIP;
and the PM2.5
SILs (found in
1200-3-9-.01(5
)(b)1(xix))
and the SMC
(found in 1200-
3-9-.01(4)(d)6
(i)(III))
provisions, as
promulgated in
the October
20, 2010,
PM2.5
Increments-
SILs-SMC Rule.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Amend appendix A to part 70 by adding paragraph (a)(3) under the
heading for ``Tennessee'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Tennessee
(a) * * *
(3) Revisions to Rule 1200-03-09-.02, Operating Permits, of the
Tennessee title V program, submitted on March 23, 2021, and
supplemented on July 1, 2022, with a state effective date of January
21, 2021, to allow for electronic notice of operating permits, are
approved on September 30, 2022.
* * * * *
[FR Doc. 2022-21235 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P
