[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37099-37101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0004; FRL-9997-38-Region 4]
Air Plan Approval; TN; Updates to the National Ambient Air
Quality Standards for Chattanooga
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking
final action to approve a revision to the Chattanooga portion of the
Tennessee State Implementation Plan (SIP), provided by the State of
Tennessee, through the Tennessee Department of Environment and
Conservation from Chattanooga/Hamilton County Air Pollution Control
Bureau by a letter dated September 12, 2018. The revision updates the
National Ambient Air Quality Standards (NAAQS) in the Chattanooga
portion of the Tennessee SIP. The amendments in the Tennessee SIP
reflect recent revisions made to the federal NAAQS. EPA is approving
the changes because they are consistent with the Clean Air Act (CAA or
Act).
DATES: This rule will be effective August 30, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2019-0004. 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 and Radiation Division (formerly the 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: Evan Adams of 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. The telephone number is
(404) 562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare for six criteria pollutants: ozone, particulate matter (PM)
(including fine particulate matter, or PM2.5), carbon
monoxide, lead, sulfur dioxide, and nitrogen dioxide. The CAA requires
periodic review of the air quality criteria, the science upon which the
standards are based, and the standards themselves. EPA's regulatory
provisions that govern the NAAQS are found at 40 CFR 50, National
Primary and Secondary Ambient Air Quality Standards.
EPA is taking final action to approve changes to the Chattanooga
portion of the Tennessee SIP that were provided to EPA through a letter
dated September 12, 2018.\1\ EPA is finalizing approval of the portions
of this SIP revision that make changes to air quality rules in Part II,
Chapter 4, Article II, Section 4-41.\2\ The September 12, 2018, SIP
revision makes changes to the SIP that deletes the current version and
substitutes a revised version of Part II, Chapter 4, Article II,
Section 4-41, Rule 21 of the Chattanooga City Code ``Ambient Air
Quality Standards.'' Hamilton County revised its rule to be consistent
with changes to the federal NAAQS.
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\1\ EPA notes that the Agency received the SIP revision on
September 18, 2018.
\2\ As discussed in the NPRM, EPA does not recognize gaseous
fluorides as criteria pollutants and EPA is not acting to approve
the standard related to gaseous fluorides. See 84 FR 11917, n.4.
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In a notice of proposed rulemaking (NPRM) published on March 29,
2019 (84 FR 11917), EPA proposed to approve the aforementioned changes
to Part II, Chapter 4, Article II, Section 4-41 in the Chattanooga
portion of the Tennessee SIP, which address the NAAQS. The NPRM
provides additional details regarding EPA's action. Comments on the
NPRM were due on or before April 29, 2019.
II. Response to Comments
EPA received one potentially adverse comment on its March 29, 2019,
NPRM. This comment is provided in the docket for today's final action.
EPA has summarized and responded to the comment below.
Comment: The Commenter notes that ``high levels of ground level
ozone, airborne particles and other matter'' pose a threat to human
health, ``making this proposal a public concern.'' The Commenter also
states that any changes to the SIP ``must consider any changes in
location of monitoring sites, protocol of air quality monitoring and
quality standards sample so that there is no heteroskedasticity which
could lead to corruption of time measure data.'' According to the
Commenter, if any of these changes have been made, ``further scrutiny
should be made concerning the motive or whether data has been skewed in
favor of noncompliance.'' The Commenter further states that it is
``important that careful consideration and verification be given to
this proposed revision.''
[[Page 37100]]
Response: It is unclear how the commenter would like EPA to change
the proposed rule. To the extent the commenter is concerned about the
health effects of air pollution, EPA notes that final approval of this
SIP revision will incorporate more protective NAAQS into the
Chattanooga portion of the Tennessee SIP. To the extent the commenter
is concerned about air quality monitoring, these concerns are outside
of the scope of this rulemaking, which updates Tennessee's SIP solely
to reflect the current NAAQS. Tennessee's SIP revision does not change
the location of any monitoring sites or any air quality monitoring
plans. EPA further notes that it has carefully evaluated the SIP
revision and is approving it for the reasons discussed in this notice
and the NPRM.
III. 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, EPA is finalizing the incorporation by reference of changes to
the Chattanooga portion of the Tennessee SIP at Part II, Chapter 4,
Article II, Section 4-41, Rule 21, state effective January 23, 2017.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to approve changes to Part II, Chapter
4, Article II, Section 4-41, Rule 21, of the Chattanooga portion of the
Tennessee SIP because the changes are consistent with section 110 of
the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 September 30, 2019. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds, Lead, Carbon Monoxide.
Dated: July 18, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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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), Table 4, is amended under Article II. Section 4-
41 Rules, Regulations, Criteria, Standards by revising the entry for
``Section 4-41 Rule 21'' to read as follows:
[[Page 37101]]
Sec. 52.2220 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 II. Section 4-41 Rules, Regulations, Criteria, Standards
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Section 4-41 Rule 21........... Ambient Air 1/23/17 7/31/2019, [Insert With the exception of
Quality Standards. citation of the portions related
publication]. to the standard for
gaseous fluorides,
which are not approved
into the SIP.
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[FR Doc. 2019-16194 Filed 7-30-19; 8:45 am]
BILLING CODE 6560-50-P