[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91033-91035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0359; FRL-9956-63-Region 4]


Air Plan Approval; TN; Revisions to the Knox County Portion of 
the TN SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Tennessee, 
through the Tennessee Department of Environment and Conservation 
(TDEC), on January 11, 2016. The revision was submitted by TDEC on 
behalf of the Knox County Department of Air Quality Management, which 
has jurisdiction over Knox County, Tennessee. The revision that EPA is 
approving amends the Knox County Air Quality Management Department's 
regulations, which are part of the Tennessee SIP, to address EPA's 
startup, shutdown, and malfunction (SSM) SIP call for Knox County. EPA 
is approving the January 11, 2016, SIP revision because the Agency has 
determined that it is in accordance with the requirements for SIP 
provisions under the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 17, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0359. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez 
can be reached via telephone at (404) 562-9644 and via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 22, 2015, EPA finalized an action (hereafter referred to as 
the ``SSM SIP Action'') \1\ that responded to a Sierra Club petition 
for rulemaking concerning state rule treatment of excess emissions by 
sources during periods of SSM and called for 36 states to submit 
corrective SIP revisions to EPA by November 22, 2016. As discussed in 
that action, EPA determined that Knox County Regulation 32.1(C) \2\ is 
inconsistent with the fundamental requirements of CAA sections 
113(e)(1), 114(c) and 304 and the credible evidence rule \3\ and thus 
issued a SIP call requiring the State to submit a corrective SIP 
revision addressing this provision. See 80 FR 33965.
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    \1\ See ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' 80 FR 33839 (June 12, 2015).
    \2\ Knox County SIP Regulation 32.1(C) is a subsection of 
Section 32.0, ``Use of Evidence.''
    \3\ 40 CFR 51.212(c); see also ``Credible Evidence Revisions,'' 
62 FR 8314 (Feb. 24, 1997).
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    On January 11, 2016, the State of Tennessee submitted a SIP 
revision, pursuant to a request by the Knox County Department of Air 
Quality Management, to address the SSM SIP Action with respect to Knox 
County. The revision removes the language from Knox County Regulation 
32.1(C) that EPA found to be unlawful in the SSM SIP Action and 
replaces it with ``(Reserved).'' In a proposed rulemaking published on 
September 22, 2016 (81 FR 65313), EPA proposed to approve that

[[Page 91034]]

SIP revision. The details of Tennessee's SIP revision and the rationale 
for EPA's action are explained in the proposed rulemaking. Comments on 
the proposed rulemaking were due on or before October 24, 2016. EPA did 
not receive any comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Knox County 
Regulation Section 32.0 entitled ``Use of Evidence,'' effective 
November 12, 2015, which replaces the language previously included in 
Section 32.1(C) with ``(Reserved).'' Therefore, these materials have 
been approved by EPA for inclusion in the SIP, 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 by the Director of the Federal Register in the next update to 
the SIP compilation.\4\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
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    \4\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the Tennessee SIP revision consisting of replacing 
the language in Section 32.1(C) currently in the EPA-approved SIP for 
Knox County with ``(Reserved).'' EPA is approving the January 11, 2016 
SIP revision because the Agency has determined that it is in accordance 
with the requirements for SIP provisions under the CAA, is otherwise 
consistent with the CAA, and adequately addresses the SSM SIP call with 
respect to the Knox County portion of the Tennessee SIP.

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. Accordingly, 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 February 14, 2017. 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: December 1, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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

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2. Section 52.2220(c) is amended under Table 3 by revising the entry 
for ``32.0'' to read as follows:


Sec.  52.2220  Identification of plan.

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    (c) * * *

[[Page 91035]]



                                 Table 3--EPA Approved Knox County, Regulations
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                                                         State
       State section             Title/subject      effective date    EPA approval date         Explanation
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                                                  * * * * * * *
32.0.......................  Use of Evidence......      11/12/2015  12/16/2016, [Insert    EPA is replacing the
                                                                     citation of            language in Section
                                                                     publication].          32.1(C) with
                                                                                            ``(Reserved)''.
 
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[FR Doc. 2016-30056 Filed 12-15-16; 8:45 am]
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