Air Plan Approval; TN; Updates to References to Appendix W Modeling Guideline, 64165-64167 [2022-22357]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0569; FRL–10136–
02–R4]
Air Plan Approval; TN; Updates to
References to Appendix W Modeling
Guideline
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Tennessee on
April 9, 2021. Specifically, EPA is
approving updates to the incorporation
by reference of Federal guidelines on air
quality modeling in the Tennessee SIP.
EPA is also converting the previous
conditional approval regarding
infrastructure SIP prevention of
significant deterioration (PSD) elements
for the 2015 ozone national ambient air
quality standards (NAAQS) for
Tennessee to a full approval. EPA is
approving this revision pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective November
23, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0569. 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:
Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:57 Oct 21, 2022
Jkt 259001
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8085. Mr. Ortiz Borrero can also be
reached via electronic mail at
ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated
revised primary and secondary NAAQS
for ozone, revising the 8-hour ozone
standards from 0.075 parts per million
(ppm) to a new more protective level of
0.070 ppm. See 80 FR 65292 (October
26, 2015). Pursuant to section 110(a)(1)
of the CAA, states are required to submit
SIP revisions meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements, such as
requirements for monitoring, basic
program requirements, and legal
authority, that are designed to assure
attainment and maintenance of the
NAAQS. This type of SIP is commonly
referred to as an ‘‘infrastructure SIP’’ or
‘‘iSIP.’’ States were required to submit
such SIP revisions for the 2015 8-hour
ozone NAAQS to EPA no later than
October 1, 2018.1
On September 13, 2018, Tennessee
met the requirement to submit an iSIP
for the 2015 8-hour ozone NAAQS by
the October 1, 2018, deadline. Through
previous rulemakings, EPA approved
most of the infrastructure SIP elements
for the 2015 ozone NAAQS for
Tennessee.2 3 However, regarding the
PSD elements of section 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J) (herein referred to as
element C, Prong 3, and element J,
respectively), EPA conditionally
approved 4 these portions of Tennessee’s
1 In infrastructure SIP submissions, states
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the SIP. In
addition, certain federally approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 EPA approved most elements for Tennessee,
except for the Interstate Transport provisions
(Prongs 1 and 2), and the PSD provisions (element
C, Prong 3, and J), on December 26, 2019. See 84
FR 70895.
3 The Interstate Transport provisions (Prongs 1
and 2) for Tennessee have been proposed for
disapproval, but that action has not yet been
finalized. See 87 FR 9545 (February 22, 2022).
4 Under CAA section 110(k)(4), EPA may
conditionally approve a SIP revision based on a
commitment from a state to adopt specific
enforceable measures by a date certain, but not later
than one year from the date of approval. If the state
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
64165
iSIP submission because of outdated
references to the Federal guidelines on
air quality modeling found in appendix
W of 40 CFR part 51.5 As previously
mentioned, all other applicable iSIP
requirements for Tennessee for the 2015
8-hour ozone NAAQS were addressed or
will be addressed in separate
rulemakings.
For elements C and J to be approved
for PSD, a state needs to demonstrate
that its SIP meets the PSD-related
infrastructure requirements of these
sections. These requirements are met if
the state’s implementation plan
includes a PSD program that meets
current Federal requirements. Prong 3 is
also approvable when a state’s
implementation plan contains a fully
approved, up-to-date PSD program.
EPA’s PSD regulations at 40 CFR
51.166(l) require that modeling be
conducted in accordance with appendix
W, Guideline on Air Quality Models.
EPA promulgated the most current
version of appendix W on January 17,
2017 (82 FR 5182). Therefore, for the
iSIP PSD elements for the 2015 8-hour
ozone NAAQS to be approved, the PSD
regulations in the SIP must reference the
most current version of appendix W.
As discussed in EPA’s April 9, 2020,
conditional approval of the 2015 ozone
iSIP PSD elements for Tennessee, the
State’s SIP contained outdated
references to appendix W. The State
committed to updating the outdated
references and submitting a SIP revision
within one year of EPA’s final rule
conditionally approving these PSD
elements. Accordingly, Tennessee was
required to submit a SIP revision by
April 9, 2021. Tennessee met its
commitment by submitting a SIP
revision to correct the deficiencies
before the deadline.
In a notice of proposed rulemaking
(NPRM), published on August 24, 2022
(87 FR 51944), EPA proposed to approve
changes to the Tennessee SIP and to
convert the conditional approval to a
full approval for Tennessee regarding
element C, Prong 3, and element J, for
the 2015 8-hour ozone NAAQS
infrastructure SIP. The details of
Tennessee’s submission and the
rationale for EPA’s action are explained
in the NPRM. Comments on the August
24, 2022, NPRM were due on or before
September 23, 2022. EPA did not
receive any comments on the August 24,
2022, NPRM.
fails to meet the commitment within one year of the
final conditional approval, the conditional approval
will be treated as a disapproval and EPA will issue
a finding of disapproval.
5 For the State of Tennessee, EPA conditionally
approved the PSD provisions of element C, Prong
3, and element J, on April 9, 2020. See 85 FR 19888.
E:\FR\FM\24OCR1.SGM
24OCR1
64166
Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Rules and Regulations
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 final 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
6 EPA is not incorporating the April 22, 2021,
state effective version of the following provisions:
1200–03–09–.01(1)(a); 1200–03–09–.01(1)(d); 1200–
03–09–.01(1)(j); 1200–03–09–.01(4)(b)24(XVII);
1200–03–09–.01(4)(b)29; 1200–03–09–
.01(4)(b)47(i)(IV); 1200–03–09–.01(4)(j)3; 1200–03–
09–.01(5)(b)1(x)(VII); the PM2.5 annual and 24-hour
averaging time as part of subparagraph 1200–03–
09–.01(5)(b)(1)(xix); and 1200–03–09–
.01(5)(b)2(iii)(II).
In the August 24, 2022, NPRM, EPA also
proposed to exclude 1200–03–09–.01(1)(h); 1200–
03–09–.01(4)(a)7(vi); 1200–03–09–.01(4)(l)2(iii);
1200–03–09–.01(5)(b)2(viii)(III); and 1200–03–09–
.01(5)(b)3(i)(III) from the incorporation of the April
22, 2021, state effective version. See 87 FR 51946.
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, EPA is finalizing the
incorporation by reference of Tennessee
Rules 1200–03–09–.01, Construction
Permits,6 and 1200–03–21-.01, General
Alternate Emission Standard, state
effective on April 22, 2021, which
address outdated references to EPA’s
modeling guidelines in order to meet
PSD iSIP requirements for the 2015 8hour ozone NAAQS. 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).
III. Final Action
EPA is approving changes to the
Tennessee SIP and converting the
conditional approval for element C,
Prong 3, and element J for the 2015 8hour ozone Infrastructure SIP to a full
approval. Specifically, EPA is approving
changes to Tennessee Rules 1200–03–
09–.01, Construction Permits, and 1200–
03–21–.01, General Alternate Emission
Standard.
lotter on DSK11XQN23PROD with RULES1
IV. Statutory and Executive Order
Reviews
VerDate Sep<11>2014
15:57 Oct 21, 2022
Jkt 259001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 December 23, 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 or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
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
§ 52.2219
[Removed and Reserved]
2. Remove and reserve § 52.2219.
■ 3. In § 52.2220:
■ a. In paragraph (c), amend Table 1 by
revising the entries for ‘‘Section 1200–
3–9–.01’’ and ‘‘Section 1200–3–21–.01’’.
■ b. In paragraph (e), amend the table by
adding at the end an entry for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2015 8-Hour Ozone NAAQS’’.
The revisions and addition read as
follows:
■
§ 52.2220
*
*
Identification of plan.
*
*
*
Subsequent to the NPRM, EPA finalized approval
of the version of these five provisions found in the
April 22, 2021, state effective rule (see 87 FR 59322,
September 30, 2022) and incorporated them by
reference. EPA is therefore not finalizing the
exclusion of these provisions from the
incorporation by reference of Rule 1200–03–09–.01
in this action.
E:\FR\FM\24OCR1.SGM
24OCR1
64167
Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Rules and Regulations
(c) * * *
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
State
effective
date
Title/subject
*
Section 1200–3–9–.01 .....
*
Construction Permits.
*
*
Section 1200–3–21–.01 ...
*
General Alternate
Emission Standard.
*
*
*
*
*
*
*
4/22/2021
4/22/2021
EPA approval date
Explanation
*
10/24/2022, [Insert
citation of publication].
*
*
*
Except
for
1200–03–09–.01(1)(a),
(1)(d),
(4)(b)24(i)(XVII), (4)(b)29, (4)(b)47(i)(IV), (4)(j)3,
(5)(b)1(x) (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.
*
10/24/2022, [Insert
citation of publication]..
*
*
*
*
*
*
*
*
*
(e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of
non-regulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
State
effective
date
*
Tennessee ........
4/9/2021
EPA
approval date
*
*
*
*
10/24/2022, [Insert
Addressing the PSD requirements of Section
citation of publi110(a)(2)(C), (D)(i)(II) (Prong 3), and (J).
cation].
The rule is effective October 24,
2022. Comments, if any, are requested
by November 23, 2022.
DATES:
[FR Doc. 2022–22357 Filed 10–21–22; 8:45 am]
BILLING CODE 6560–50–P
Submit comments, if any,
through the Federal e-rulemaking portal,
https://www.regulations.gov. In the
body of your comment, please indicate
that it is in response to ‘‘RIN 3145–
AA66–Social Security Number Fraud
Prevention Act of 2017
Implementation.’’ If you are unable to
submit your comment through the
portal, please see the FOR FURTHER
INFORMATION CONTACT section of this
document to obtain alternate
submission instructions. Comments may
be made publicly available for routine
viewing, inspection, and copying on
https://www.regulations.gov and/or on
the NSF website, https://www.nsf.gov,
and are subject to disclosure under
NSF’s Freedom of Information Act
regulations at 45 CFR part 612. For this
reason, do not include in your comment
information of a confidential nature,
such as sensitive personal information
or proprietary information, or any other
information that you would not want
publicly disclosed.
ADDRESSES:
NATIONAL SCIENCE FOUNDATION
45 CFR Part 613
RIN 3145–AA66
Social Security Number Fraud
Prevention Act of 2017 Implementation
AGENCY:
National Science Foundation
(NSF).
Final rule; request for
comments.
ACTION:
NSF is adding a section to its
Privacy Act regulations to implement
restrictions on the use of Social Security
numbers in documents mailed by NSF.
These restrictions are required by the
Social Security Number Fraud
Prevention Act of 2017. The rule is
intended to help reduce the potential
risk of identity theft from fraudulent or
other unauthorized acquisition of Social
Security numbers from any NSF
mailings.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:57 Oct 21, 2022
Jkt 259001
PO 00000
Frm 00019
Fmt 4700
Explanation
Sfmt 4700
Alex
Tang, Assistant General Counsel,
National Science Foundation, 2415
Eisenhower Avenue, Alexandria, VA
22314, (703) 292–8547.
FOR FURTHER INFORMATION CONTACT:
The Social
Security Number Fraud Prevention Act
of 2017, Public Law 115–59, 131 Stat.
1152 (Sept. 15, 2017), codified at 42
U.S.C. 405 note, restricts federal
agencies from including Social Security
numbers (SSNs) of individuals on
documents sent by mail unless the head
of the agency determines that including
the SSN on the mailing is necessary.
The Act requires agency heads to issue
regulations, within five years of the Act,
specifying the circumstances under
which including an SSN on a document
sent by mail is necessary. The Act
requires that the regulations include
instructions for the partial redaction of
SSNs where feasible, and requires that
SSNs not be visible on the outside of
any package sent by mail.
To implement these requirements,
NSF is amending its existing Privacy
Act regulations (45 CFR part 613) to add
a new § 613.7, and to make a
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24OCR1.SGM
24OCR1
]]>Agencies
[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64165-64167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22357]
[[Page 64165]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0569; FRL-10136-02-R4]
Air Plan Approval; TN; Updates to References to Appendix W
Modeling Guideline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Tennessee
on April 9, 2021. Specifically, EPA is approving updates to the
incorporation by reference of Federal guidelines on air quality
modeling in the Tennessee SIP. EPA is also converting the previous
conditional approval regarding infrastructure SIP prevention of
significant deterioration (PSD) elements for the 2015 ozone national
ambient air quality standards (NAAQS) for Tennessee to a full approval.
EPA is approving this revision pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective November 23, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0569. 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements, such as requirements for monitoring, basic program
requirements, and legal authority, that are designed to assure
attainment and maintenance of the NAAQS. This type of SIP is commonly
referred to as an ``infrastructure SIP'' or ``iSIP.'' States were
required to submit such SIP revisions for the 2015 8-hour ozone NAAQS
to EPA no later than October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In infrastructure SIP submissions, states generally certify
evidence of compliance with sections 110(a)(1) and (2) of the CAA
through a combination of state regulations and statutes, some of
which have been incorporated into the SIP. In addition, certain
federally approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
---------------------------------------------------------------------------
On September 13, 2018, Tennessee met the requirement to submit an
iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, deadline.
Through previous rulemakings, EPA approved most of the infrastructure
SIP elements for the 2015 ozone NAAQS for Tennessee.2 3
However, regarding the PSD elements of section 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) (herein referred to as
element C, Prong 3, and element J, respectively), EPA conditionally
approved \4\ these portions of Tennessee's iSIP submission because of
outdated references to the Federal guidelines on air quality modeling
found in appendix W of 40 CFR part 51.\5\ As previously mentioned, all
other applicable iSIP requirements for Tennessee for the 2015 8-hour
ozone NAAQS were addressed or will be addressed in separate
rulemakings.
---------------------------------------------------------------------------
\2\ EPA approved most elements for Tennessee, except for the
Interstate Transport provisions (Prongs 1 and 2), and the PSD
provisions (element C, Prong 3, and J), on December 26, 2019. See 84
FR 70895.
\3\ The Interstate Transport provisions (Prongs 1 and 2) for
Tennessee have been proposed for disapproval, but that action has
not yet been finalized. See 87 FR 9545 (February 22, 2022).
\4\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
\5\ For the State of Tennessee, EPA conditionally approved the
PSD provisions of element C, Prong 3, and element J, on April 9,
2020. See 85 FR 19888.
---------------------------------------------------------------------------
For elements C and J to be approved for PSD, a state needs to
demonstrate that its SIP meets the PSD-related infrastructure
requirements of these sections. These requirements are met if the
state's implementation plan includes a PSD program that meets current
Federal requirements. Prong 3 is also approvable when a state's
implementation plan contains a fully approved, up-to-date PSD program.
EPA's PSD regulations at 40 CFR 51.166(l) require that modeling be
conducted in accordance with appendix W, Guideline on Air Quality
Models. EPA promulgated the most current version of appendix W on
January 17, 2017 (82 FR 5182). Therefore, for the iSIP PSD elements for
the 2015 8-hour ozone NAAQS to be approved, the PSD regulations in the
SIP must reference the most current version of appendix W.
As discussed in EPA's April 9, 2020, conditional approval of the
2015 ozone iSIP PSD elements for Tennessee, the State's SIP contained
outdated references to appendix W. The State committed to updating the
outdated references and submitting a SIP revision within one year of
EPA's final rule conditionally approving these PSD elements.
Accordingly, Tennessee was required to submit a SIP revision by April
9, 2021. Tennessee met its commitment by submitting a SIP revision to
correct the deficiencies before the deadline.
In a notice of proposed rulemaking (NPRM), published on August 24,
2022 (87 FR 51944), EPA proposed to approve changes to the Tennessee
SIP and to convert the conditional approval to a full approval for
Tennessee regarding element C, Prong 3, and element J, for the 2015 8-
hour ozone NAAQS infrastructure SIP. The details of Tennessee's
submission and the rationale for EPA's action are explained in the
NPRM. Comments on the August 24, 2022, NPRM were due on or before
September 23, 2022. EPA did not receive any comments on the August 24,
2022, NPRM.
[[Page 64166]]
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, EPA is finalizing
the incorporation by reference of Tennessee Rules 1200-03-09-.01,
Construction Permits,\6\ and 1200-03-21-.01, General Alternate Emission
Standard, state effective on April 22, 2021, which address outdated
references to EPA's modeling guidelines in order to meet PSD iSIP
requirements for the 2015 8-hour ozone NAAQS. 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).
---------------------------------------------------------------------------
\6\ EPA is not incorporating the April 22, 2021, state effective
version of the following provisions: 1200-03-09-.01(1)(a); 1200-03-
09-.01(1)(d); 1200-03-09-.01(1)(j); 1200-03-09-.01(4)(b)24(XVII);
1200-03-09-.01(4)(b)29; 1200-03-09-.01(4)(b)47(i)(IV); 1200-03-
09-.01(4)(j)3; 1200-03-09-.01(5)(b)1(x)(VII); the PM2.5
annual and 24-hour averaging time as part of subparagraph 1200-03-
09-.01(5)(b)(1)(xix); and 1200-03-09-.01(5)(b)2(iii)(II).
In the August 24, 2022, NPRM, EPA also proposed to exclude 1200-
03-09-.01(1)(h); 1200-03-09-.01(4)(a)7(vi); 1200-03-
09-.01(4)(l)2(iii); 1200-03-09-.01(5)(b)2(viii)(III); and 1200-03-
09-.01(5)(b)3(i)(III) from the incorporation of the April 22, 2021,
state effective version. See 87 FR 51946. Subsequent to the NPRM,
EPA finalized approval of the version of these five provisions found
in the April 22, 2021, state effective rule (see 87 FR 59322,
September 30, 2022) and incorporated them by reference. EPA is
therefore not finalizing the exclusion of these provisions from the
incorporation by reference of Rule 1200-03-09-.01 in this action.
---------------------------------------------------------------------------
III. Final Action
EPA is approving changes to the Tennessee SIP and converting the
conditional approval for element C, Prong 3, and element J for the 2015
8-hour ozone Infrastructure SIP to a full approval. Specifically, EPA
is approving changes to Tennessee Rules 1200-03-09-.01, Construction
Permits, and 1200-03-21-.01, General Alternate Emission Standard.
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 final 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 December 23, 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 or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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
Sec. 52.2219 [Removed and Reserved]
0
2. Remove and reserve Sec. 52.2219.
0
3. In Sec. 52.2220:
0
a. In paragraph (c), amend Table 1 by revising the entries for
``Section 1200-3-9-.01'' and ``Section 1200-3-21-.01''.
0
b. In paragraph (e), amend the table by adding at the end an entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour
Ozone NAAQS''.
The revisions and addition read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
[[Page 64167]]
(c) * * *
Table 1--EPA Approved Tennessee Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 1200-3-9-.01..................... Construction Permits..... 4/22/2021 10/24/2022, [Insert Except for 1200-03-09-.01(1)(a),
citation of publication]. (1)(d), (4)(b)24(i)(XVII), (4)(b)29,
(4)(b)47(i)(IV), (4)(j)3, (5)(b)1(x)
(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.
* * * * * * *
Section 1200-3-21-.01.................... General Alternate 4/22/2021 10/24/2022, [Insert
Emission Standard. citation of
publication]..
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
provision or nonattainment area effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Tennessee.............. 4/9/2021 10/24/2022, Addressing the PSD
Infrastructure Requirements [Insert citation requirements of
for the 2015 8-Hour Ozone of publication]. Section
NAAQS. 110(a)(2)(C),
(D)(i)(II) (Prong
3), and (J).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-22357 Filed 10-21-22; 8:45 am]
BILLING CODE 6560-50-P
