[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48547-48548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20860]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0395; FRL-9984-50--Region 4]


Air Plan Approval; Tennessee: Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a portion of a revision to the Chattanooga-Hamilton 
County portion of the Tennessee State Implementation Plan (SIP) 
submitted by the State of Tennessee through the Tennessee Department of 
Environment and Conservation (TDEC) on behalf of the Chattanooga-
Hamilton County Air Pollution Control Bureau (Chattanooga-Hamilton 
County) on June 25, 2008. The revision amends the definition of 
``volatile organic compounds'' (VOC) to be consistent with state and 
Federal regulations. The portion of the SIP revision that EPA is 
approving is consistent with the requirements of the Clean Air Act (CAA 
or Act). EPA will act on the other portions of the June 25, 2008, 
submittal in a separate action.

DATES: This rule will be effective October 26, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0395. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, 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: Tiereny Bell, 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. Ms. Bell can be reached by phone at (404) 562-9088 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 13, 2018 (83 FR 10813), EPA proposed to approve into the 
Tennessee SIP the portion of the revisions to the Chattanooga-Hamilton 
County air quality rules in Chapter 4 of Part II, Section 4-2, 
submitted by TDEC on behalf of Chattanooga-Hamilton County on June 25, 
2008.\1\ The definition of ``Volatile Organic Compounds'' in Chapter 4 
of Part II, Section 4-2, ``Definitions'' is amended to be consistent 
with the Federal definition of VOC at 40 CFR 51.100(s). In summary, the 
amendments add several compounds to the list of negligibly reactive 
compounds, make minor changes to paragraph 3 (related to preconditions 
to excluding compounds as VOCs), and adds paragraph 4 (related to test 
methods used for purposes of enforcement) and paragraph 5 (related to 
recordkeeping and reporting requirements for t-butyl acetate). The 
details of the Tennessee submissions and the rationale for EPA's action 
are explained in the proposed rulemaking. Comments on the proposed 
rulemaking were due on or before April 13, 2018. EPA did not receive 
any adverse comments on the proposed action.
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    \1\ EPA will consider the other changes included in Tennessee's 
June 25, 2008, SIP revision in a separate rulemaking.
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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 Chattanooga-
Hamilton County's air quality rules in Chapter 4 of Part II, Section 4-
2, ``Definitions'' effective June 11, 2008,\2\ to be consistent with 
the definition of VOC at 51.100. 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 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 in the next update to 
the SIP compilation.\3\
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    \2\ In the proposed rule at 83 FR 10814 (March 13, 2018), EPA 
inadvertently noted the ``Definitions'' state effective date as 
August 16, 1995. The correct state effective date, as reflected in 
this final rule, is June 11, 2008.
    \3\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve a portion of a revision to 
the Chattanooga-Hamilton County portion of the Tennessee SIP which 
amends the definition of ``Volatile Organic Compounds'' in the 
Chattanooga Code, Chapter 4 of Part II, Section 4-2. This SIP revision 
also amends paragraph 3 and adds paragraphs 4 and 5 to the Chattanooga 
Code, Chapter 4 of Part II, Section 4-2 definition of VOC. EPA has 
evaluated the relevant portions of Tennessee's June 25, 2008, SIP 
revision and has determined that it meets the applicable requirements 
of the CAA and EPA regulations.

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

[[Page 48548]]

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 26, 2018. 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 13, 2018.
Onis ``Trey'' Glenn, III,
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

0
2. Section 52.2220(c) is amended in Table 4 under the heading ``Article 
I. In General'' by revising the entry for ``Section 4-2'' to read as 
follows:


Sec.  52.52220  Identification of plan.

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    (c) * * *

                                  Table 4--EPA Approved Chattanooga Regulations
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         State section             Title/subject     Adoption date     EPA approval date         Explanation
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                                              Article I. In General
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                                                  * * * * * * *
Section 4-2....................  Definitions......       6/11/2008  9/26/2018, [Insert      ....................
                                                                     citation of
                                                                     publication].
 
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[FR Doc. 2018-20860 Filed 9-25-18; 8:45 am]
BILLING CODE 6560-50-P