Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport Infrastructure, 53800-53802 [2023-16433]
Download as PDF
<![CDATA[
53800
*
*
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
*
*
*
[FR Doc. 2023–16603 Filed 8–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0535; FRL–11020–
02–R4]
Air Plan Approval; TN; 2010 1-Hour
SO2 NAAQS Transport Infrastructure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Tennessee’s
July 31, 2019, State Implementation
Plan (SIP) submission pertaining to the
‘‘good neighbor’’ provision of the Clean
Air Act (CAA or Act) for the 2010
1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard
(NAAQS). The good neighbor provision
requires each State’s implementation
plan to contain adequate provisions
prohibiting the interstate transport of air
pollution in amounts that will
contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
State. EPA has determined that
Tennessee will not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
1-hour SO2 NAAQS in any other State.
Therefore, EPA is approving the July 31,
2019, SIP revision as meeting the
requirements of the good neighbor
provision for the 2010 1-hour SO2
NAAQS.
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0535. 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,
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:18 Aug 08, 2023
Jkt 259001
Georgia 30303–8960. EPA requests that,
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, 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.
Mr. Adams can be reached via phone
number (404) 562–9009 or via electronic
mail at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a
revised primary SO2 NAAQS with a
level of 75 parts per billion (ppb), based
on a 3-year average of the annual 99th
percentile of daily maximum 1-hour
average concentrations. See 75 FR 35520
(June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs 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 describe.
These SIPs, which EPA has historically
referred to as ‘‘infrastructure SIPs,’’ are
to provide for the ‘‘implementation,
maintenance, and enforcement’’ of such
NAAQS, and the requirements are
designed to ensure that structural
components of each State’s air quality
management program are adequate to
meet the State’s responsibility under the
CAA. Section 110(a) of the CAA
requires States to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of individual
State submissions may vary depending
upon the facts and circumstances. The
content of the changes in such SIP
submissions may also vary depending
upon what provisions the State’s
approved SIP already contains. 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.
Section 110(a)(2)(D)(i)(I) of the CAA
requires SIPs to include provisions
prohibiting any source or other type of
emissions activity in one State from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in another
State. The two clauses of this section are
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
referred to as prong 1 (significant
contribution to nonattainment of the
NAAQS) and prong 2 (interference with
maintenance of the NAAQS).
On July 31, 2019, the Tennessee
Department of Environment &
Conservation (TDEC) submitted a
revision to the Tennessee SIP 1
addressing prongs 1 and 2 of CAA
section 110(a)(2)(D)(i)(I) for the 2010
1-hour SO2 NAAQS.2 TDEC completed
updated transport modeling for the
Eastman Chemical facility in Sullivan
County, Tennessee, and submitted it to
EPA on November 30, 2021, to
supplement the July 31, 2019
submission.3 EPA is approving TDEC’s
July 31, 2019, SIP submission because
the State has demonstrated that
Tennessee will not contribute
significantly to nonattainment, or
interfere with maintenance, of the 2010
1-hour SO2 NAAQS in any other State.
All other elements related to the
infrastructure requirements of section
110(a)(2) for the 2010 1-hour SO2
NAAQS for Tennessee are addressed in
separate rulemakings.4
In a notice of proposed rulemaking
(NPRM) published on June 26, 2023 (88
FR 41344), EPA proposed to approve
TDEC’s July 31, 2019, SIP submission
for the 2010 1-hour SO2 NAAQS. The
details of the SIP revision and the
rationale for EPA’s action is explained
in the June 26, 2023, NPRM.5 Comments
on the June 26, 2023, NPRM were due
on or before July 26, 2023. No comments
were received on the June 26, 2023,
NPRM, adverse or otherwise.
II. Final Action
EPA is approving Tennessee’s July 31,
2019, SIP submission as meeting the
good neighbor provision of CAA section
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2
NAAQS. EPA is finalizing approval
based on the information and analysis
detailed in EPA’s proposed rule, which
demonstrates that Tennessee will not
contribute significantly to
nonattainment, or interfere with
1 TDEC submitted its SIP revision on August 1,
2019, through a transmittal letter dated July 31,
2019.
2 On March 13, 2014, TDEC submitted a SIP
revision addressing all infrastructure elements with
respect to the 2010 1-hour SO2 NAAQS with the
exception of prongs 1 and 2 of CAA
110(a)(2)(D)(i)(I).
3 EPA officially received the supplemental file
dated November 30, 2021, on December 7, 2021.
4 EPA acted on all other infrastructure elements
for the 2010 1-hour SO2 NAAQS in Tennessee’s
March 13, 2014, SIP revision on November 28, 2016
(81 FR 85410) and September 24, 2018 (83 FR
48237).
5 Additional details regarding EPA’s evaluation of
TDEC’s modeling are provided in the Modeling
Technical Support Document (TSD) available in the
docket supporting this final action.
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
maintenance, of the 2010 1-hour SO2
NAAQS in any other State. This action
is being taken under section 110 of the
CAA.
lotter on DSK11XQN23PROD with RULES1
III. 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
VerDate Sep<11>2014
16:18 Aug 08, 2023
Jkt 259001
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 and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
TDEC did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
53801
the Congress and to the Comptroller
General of the United States. 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 October 10, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 28, 2023.
Jeaneanne Gettle,
Acting 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
2. In § 52.2220(e), amend the table by
adding the entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour SO2 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\09AUR1.SGM
09AUR1
*
*
53802
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
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 2010 1-hour
SO2 NAAQS.
*
Tennessee ..........
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 70
[EPA–R03–OAR–2022–0166; FRL–10673–
02–R3]
Air Plan Approval; Pennsylvania;
Revisions To Plan Approval and
Operating Permit Fees Rule and Title V
Operating Permit Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving both a State
implementation plan (SIP) revision and
Title V operating permits program
revision submitted by the Pennsylvania
Departmental of Environmental
Protection (PADEP) on behalf of the
Commonwealth of Pennsylvania. The
SIP revision pertains to Pennsylvania’s
general provisions regarding air
resources, operating permit
requirements, and plan approval and
operating permit fees. This includes
increases to existing plan approval
application and operating permit fees.
The Title V operating permit program
revision amends the Title V operating
permit program fee schedules that fund
the Pennsylvania Title V operating
permit program. EPA is approving these
revisions to the Pennsylvania SIP and
Title V operating permit program in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
September 8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0166. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
lotter on DSK11XQN23PROD with RULES1
VerDate Sep<11>2014
16:18 Aug 08, 2023
Jkt 259001
EPA approval date
*
7/31/2019
*
8/9/2023, [Insert citation of publication].
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
[FR Doc. 2023–16433 Filed 8–8–23; 8:45 am]
SUMMARY:
State
effective
date
FOR FURTHER INFORMATION CONTACT:
Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center, 1600 JFK
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2339. Mr. He can also be reached
via electronic mail at He.Yongtian@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2023 (88 FR 14104), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of both
a State implementation plan (SIP)
revision and Title V operating permits
program revision. EPA did not receive
any comments.
The formal SIP revision and Title V
program revision was submitted by
PADEP on July 20, 2021, with a
clarification letter sent on January 3,
2023. The revisions amend 25
Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127,
Subchapters F and I (relating to
operating permit requirements; and plan
approval and operating permit fees).
Pennsylvania indicates that these
revisions are necessary to ensure that
fees are sufficient to cover the costs of
administering the plan approval
application and operating permit
process as required by section 502(b) of
the Clean Air Act (42 U.S.C. 7661a(b))
and section 6.3 of the Air Pollution
Control Act (APCA) (35 P.S. section
4006.3).
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Explanation
*
*
Addressing prongs 1 and 2 of section 110(a)(2)(D)(i) only.
A. SIP Revision
Section 110(a)(2)(L) of the CAA
mandates that SIPs require the owner or
operator of each major stationary source
to pay to the permitting authority a fee
sufficient to cover (i) the reasonable
costs of reviewing and acting upon any
application for such a permit, and (ii) if
the owner or operator receives a permit
for such source, the reasonable costs of
implementing and enforcing the terms
and conditions of any such permit.
The SIP revision approves into
Pennsylvania’s SIP amended versions of
25 PA Code Chapters 121 and 127,
specifically sections 121.1, 127.424,
127.702 and 127.703. This SIP revision
also adds sections 127.465, 127.709 and
127.710. EPA has previously approved
Pennsylvania code Chapter 121 general
provisions definitions at 25 PA code
121.1, Chapter 127 public notice
requirement in section 127.424, and
Pennsylvania’s plan approval and
operating permit fee regulations at 25
PA Code 127.701, 127.702, 127.703 and
127.707, into the Pennsylvania SIP in
accordance with section 110 of the
CAA. See 61 FR 39597 (July 30, 1996).
B. Title V Operating Permit Program
Revision
EPA granted full approval of the
Pennsylvania Title V operating permits
program on July 30, 1996. See 61 FR
39597. Under 40 CFR 70.9(a) and (b), an
approved state Title V operating permit
program must require that the owners or
operators of part 70 sources pay annual
fees, or the equivalent over some other
period, that are sufficient to cover the
permit program costs and ensure that
any fee required under 40 CFR 70.9 is
used solely for permit program costs.
The fee schedule must result in the
collection and retention of revenues
sufficient to cover the permit program
implementation and oversight costs.
CAA 502(b)(3)(A).
Pennsylvania’s initial Title V
operating permit emission fee was
established in 1994 at 25 PA Code
127.705 and was last increased in 2014.
In a February 11, 2014 Title V operating
permit program revision, Pennsylvania
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53800-53802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16433]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0535; FRL-11020-02-R4]
Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport
Infrastructure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Tennessee's July 31, 2019, State Implementation Plan (SIP) submission
pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard (NAAQS). The good neighbor provision
requires each State's implementation plan to contain adequate
provisions prohibiting the interstate transport of air pollution in
amounts that will contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other State. EPA has
determined that Tennessee will not contribute significantly to
nonattainment or interfere with maintenance of the 2010 1-hour
SO2 NAAQS in any other State. Therefore, EPA is approving
the July 31, 2019, SIP revision as meeting the requirements of the good
neighbor provision for the 2010 1-hour SO2 NAAQS.
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0535. 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: Evan Adams, 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. Mr. Adams can be reached via
phone number (404) 562-9009 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a revised primary SO2
NAAQS with a level of 75 parts per billion (ppb), based on a 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations. See 75 FR 35520 (June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required to submit SIPs 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 describe. These SIPs, which EPA has historically referred to as
``infrastructure SIPs,'' are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS, and the requirements are
designed to ensure that structural components of each State's air
quality management program are adequate to meet the State's
responsibility under the CAA. Section 110(a) of the CAA requires States
to make a SIP submission to EPA for a new or revised NAAQS, but the
contents of individual State submissions may vary depending upon the
facts and circumstances. The content of the changes in such SIP
submissions may also vary depending upon what provisions the State's
approved SIP already contains. 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.
Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one State from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of a NAAQS in another State. The two clauses of this
section are referred to as prong 1 (significant contribution to
nonattainment of the NAAQS) and prong 2 (interference with maintenance
of the NAAQS).
On July 31, 2019, the Tennessee Department of Environment &
Conservation (TDEC) submitted a revision to the Tennessee SIP \1\
addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the
2010 1-hour SO2 NAAQS.\2\ TDEC completed updated transport
modeling for the Eastman Chemical facility in Sullivan County,
Tennessee, and submitted it to EPA on November 30, 2021, to supplement
the July 31, 2019 submission.\3\ EPA is approving TDEC's July 31, 2019,
SIP submission because the State has demonstrated that Tennessee will
not contribute significantly to nonattainment, or interfere with
maintenance, of the 2010 1-hour SO2 NAAQS in any other
State. All other elements related to the infrastructure requirements of
section 110(a)(2) for the 2010 1-hour SO2 NAAQS for
Tennessee are addressed in separate rulemakings.\4\
---------------------------------------------------------------------------
\1\ TDEC submitted its SIP revision on August 1, 2019, through a
transmittal letter dated July 31, 2019.
\2\ On March 13, 2014, TDEC submitted a SIP revision addressing
all infrastructure elements with respect to the 2010 1-hour
SO2 NAAQS with the exception of prongs 1 and 2 of CAA
110(a)(2)(D)(i)(I).
\3\ EPA officially received the supplemental file dated November
30, 2021, on December 7, 2021.
\4\ EPA acted on all other infrastructure elements for the 2010
1-hour SO2 NAAQS in Tennessee's March 13, 2014, SIP
revision on November 28, 2016 (81 FR 85410) and September 24, 2018
(83 FR 48237).
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on June 26,
2023 (88 FR 41344), EPA proposed to approve TDEC's July 31, 2019, SIP
submission for the 2010 1-hour SO2 NAAQS. The details of the
SIP revision and the rationale for EPA's action is explained in the
June 26, 2023, NPRM.\5\ Comments on the June 26, 2023, NPRM were due on
or before July 26, 2023. No comments were received on the June 26,
2023, NPRM, adverse or otherwise.
---------------------------------------------------------------------------
\5\ Additional details regarding EPA's evaluation of TDEC's
modeling are provided in the Modeling Technical Support Document
(TSD) available in the docket supporting this final action.
---------------------------------------------------------------------------
II. Final Action
EPA is approving Tennessee's July 31, 2019, SIP submission as
meeting the good neighbor provision of CAA section 110(a)(2)(D)(i)(I)
for the 2010 1-hour SO2 NAAQS. EPA is finalizing approval
based on the information and analysis detailed in EPA's proposed rule,
which demonstrates that Tennessee will not contribute significantly to
nonattainment, or interfere with
[[Page 53801]]
maintenance, of the 2010 1-hour SO2 NAAQS in any other
State. This action is being taken under section 110 of the CAA.
III. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
TDEC did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 10, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 28, 2023.
Jeaneanne Gettle,
Acting 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
0
2. In Sec. 52.2220(e), amend the table by adding the entry ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour SO2
NAAQS'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 53802]]
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic or effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee................ 7/31/2019 8/9/2023, [Insert Addressing prongs
Requirements for the 2010 1- citation of 1 and 2 of
hour SO2 NAAQS. publication]. section
110(a)(2)(D)(i)
only.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-16433 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
