[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Proposed Rules]
[Pages 64806-64808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0270; FRL-10002-45-Region 4]


Air Plan Approval; Tennessee: Open Burning and Definitions 
Revisions for Chattanooga

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 (TDEC) from 
the Chattanooga/Hamilton County Air Pollution Control Bureau through a 
letter dated September 12, 2018. The submission revises the open 
burning regulations in the Chattanooga portion of the Tennessee SIP. 
EPA is proposing to approve the changes because they are consistent 
with the Clean Air Act (CAA or Act) and is also proposing to clarify 
its prior proposal related to the Bureau's definition of ``volatile 
organic compounds.''

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0270 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Through a letter dated September 12, 2018, TDEC submitted a SIP 
revision on behalf of the Bureau containing changes to certain air 
quality rules in the Chattanooga portion of the Tennessee SIP.\1\ In 
this proposed action, EPA is proposing to approve changes from the 
September 12, 2018, submittal relating to open burning at Chattanooga 
Ordinance Part II, Chapter 4, Article II, Section 4-41, Rule 6--
``Prohibition of Open Burning.'' 2 3
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    \1\ The Bureau is comprised of Hamilton County and the 
municipalities of Chattanooga, Collegedale, East Ridge, Lakesite, 
Lookout Mountain, Red Bank, Ridgeside, Signal Mountain, Soddy Daisy, 
and Walden. The Bureau recommends regulatory revisions, which are 
subsequently adopted by the eleven jurisdictions. The Bureau then 
implements and enforces the regulations, as necessary, in each 
jurisdiction.
    \2\ In this proposed action, EPA is also proposing to approve 
substantively identical changes in the following sections of the Air 
Pollution Control Regulations/Ordinances for the remaining 
jurisdictions within the Bureau, which were locally effective as of 
the relevant dates below: Hamilton County--Section 41, Rule 6 (9/6/
17); City of Collegedale--Section 14-341, Rule 6 (10/16/17); City of 
East Ridge--Section 8-41, Rule 6 (10/12/17); City of Lakesite--
Section 14-42, Rule 6 (11/2/17); City of Red Bank--Section 20-41, 
Rule 6 (11/21/17); City of Soddy-Daisy--Section 8-41, Rule 6 (10/5/
17); City of Lookout Mountain--Section 41, Rule 6 (11/14/17); City 
of Ridgeside Section 41, Rule 6 (1/16/18); City of Signal Mountain 
Section 41, Rule 6 (10/20/17); and City of Walden Section 41, Rule 6 
(10/16/17).
    \3\ Because the air pollution control regulations/ordinances 
adopted by the jurisdictions within the Bureau are substantively 
identical, EPA refers solely to Chattanooga and the Chattanooga 
rules throughout the notice as representative of the other ten 
jurisdictions for brevity and simplicity.
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    The EPA is also providing clarification in this proposed action on

[[Page 64807]]

its May 20, 2019 (84 FR 22786), proposed approval of part of the 
September 12, 2018, submittal relating to the SIP-approved definition 
of ``volatile organic compounds'' at Chattanooga Air Pollution Control 
Ordinance Part II, Chapter 4, Article II, Section 4-2.\4\ Specifically, 
in this proposal, the EPA is clarifying that its proposed approval of 
Chattanooga's revised definition of ``volatile organic compounds'' also 
includes substantively identical revisions to the regulations/
ordinances of the other ten jurisdictions within the Bureau.\5\ For 
more information on EPA's rationale for that proposed action, see EPA's 
May 20, 2019, proposed rule.
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    \4\ EPA finalized its approval of a separate portion of the 
September 12, 2018 SIP submittal through a July 31, 2019 (84 FR 
37099) rulemaking. EPA will act on the remaining portions of the 
September 12, 2018 submittal in a separate action.
    \5\ Thus, EPA's May 20, 2019 action, if finalized, would also 
approve the following ten Air Pollution Control Regulations/
Ordinances, which were locally effective as of the relevant dates 
below: Hamilton County--Section 2 (9/6/17); City of Collegedale--
Section 14-302 (10/16/17); City of East Ridge--Section 8-2 (10/12/
17); City of Lakesite--Section 14-2 (11/2/17); City of Red Bank--
Section 20-2 (11/21/17); City of Soddy-Daisy--Section 8-2 (10/5/17); 
City of Lookout Mountain--Section 2 (11/14/17); City of Ridgeside--
Section 2 (1/16/17); City of Signal Mountain--Section 2 (10/20/17); 
and, City of Walden--Section 2 (10/16/17).
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II. Analysis of Tennessee's Submittal

    EPA evaluated the changes to Chattanooga's open burning rules under 
the CAA. As discussed below, the September 12, 2018, SIP submission 
makes a number of clarifying edits, minor changes and updates to fees 
and dates throughout Part II, Chapter 4, Article II, Section 4-41, Rule 
6--``Prohibition of Open Burning.''

A. Rule 6.3. Open Burning

    Tennessee submitted the following revisions to Rule 6.3:
     At Rule 6.3(4), Tennessee adds language prohibiting open 
burning within 100 feet of a structure not owned by the permittee, as 
well as prohibiting burning of brush over 12 inches in diameter and 
tree stumps. EPA believes these revisions are SIP strengthening because 
they further restrict open burning.
     At Rule 6.3(7), Tennessee specifies time periods during 
which open burning can occur and provides that burning activities must 
be extinguished by the specified time. In its submittal, Tennessee 
amends dates during which burning can occur during the specified time 
periods, and also adds a provision providing that ``Burning will not be 
deemed extinguished if smoke or smoldering is present or if dirt is 
used to cover a burn pile.'' EPA believes these changes will be SIP 
strengthening because they require burning to be fully extinguished 
prior to expiration of the allowable time period for such activities. 
In addition, EPA believes the changes to dates and times of allowable 
burning are administrative in nature.
     At Rule 6.3(8), Tennessee adds language requiring open 
burning activities to be conducted ``by a person 16 years or older who 
shall have adequate means of extinguishing the fire available and is 
capable of doing so.'' EPA believes this amendment is SIP strengthening 
because it improves the management and control of open burning.
     At Rule 6.3(14), Tennessee adds language limiting the 
types of materials that may be burned to ``materials removed or 
generated from the burn site address.'' Tennessee also provides that 
``[b]urning of waste generated as a result of a commercial operation is 
prohibited.'' Additionally, Tennessee adds a new Rule 6.3(15), which 
prohibits open burning ``where an obvious nuisance or safety hazard is 
present.'' EPA believes these changes are SIP strengthening because 
they further restrict open burning activities.
     Tennessee also makes administrative/clarifying edits to 
the rule, such as amending the amount of required fees for an open 
burning permit.
    EPA has reviewed the revisions to Rule 6.3 and preliminarily finds 
them consistent with Sections 110(a) and 110(l) of the Act. EPA 
therefore proposes to incorporate them into the Tennessee SIP.

B. Rule 6.4. Open Burning Exemptions

    Tennessee submitted the following revisions to the Rule 6.4:
     At Rule 6.4(1), Tennessee adds language limiting exempted 
fires used only for cooking of food, ceremonial, or recreational 
purposes to 3 feet in diameter, and also requires that they burn only 
``clean fuel,'' which it defines as ``clean wood, gas, charcoal, wood 
pellets, or fire logs.'' Tennessee also adds language providing that 
``[s]moke or ash from ceremonial or recreational fires shall not create 
a nuisance beyond the boundary of the property owner where the burning 
is occurring.'' EPA believes these changes are SIP strengthening 
because they further restrict open burning activities.
     At Rule 6.4(3), Tennessee adds clarifying language 
providing that safety flares and smokeless flares must comply with 
Section 4.8 ``and any other applicable requirement.''
    EPA has reviewed the revisions to Rule 6.4 and preliminarily finds 
them consistent with Sections 110(a) and 110(l) of the Act. EPA 
therefore proposes to incorporate them into the Tennessee SIP.

C. Rule 6.5. Open Burning Exceptions

    Tennessee revises Rule 6.5 at Paragraph 1 to require that fires 
allowed without a permit for the purpose of training of fire-fighting 
personnel must be conducted in accordance with standards set by the 
National Fire Protection Association. The change adds clarity to the 
level of training standards required for fire fighters, and therefore, 
EPA is proposing approval.

D. Rule 6.6. Controlled Burning

    Tennessee submitted the following revisions to Rule 6.6:
     At Rule 6.6(12), Tennessee specifies time periods during 
which controlled burning can occur and provides that burning activities 
must be extinguished by the specified time. In its submittal, Tennessee 
amends the dates during which burning can occur during the specified 
time periods, and also adds a provision providing that ``Burning will 
not be deemed extinguished if smoke or smoldering is present or if dirt 
is used to cover a burn pile.'' EPA believes these changes will be SIP 
strengthening because they require the burning to be fully extinguished 
prior to expiration of the allowable time period for such activities. 
In addition, EPA believes the changes to dates and times of allowable 
burning are administrative in nature.
     Tennessee also makes administrative/clarifying edits to 
the rule, such as amending the amount of required fees for an open 
burning permit.
    EPA has reviewed the revisions to Rule 6.4 and preliminarily finds 
them consistent with Sections 110(a) and 110(l) of the Act. EPA 
therefore proposes to incorporate them into the Tennessee SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Chattanooga Air Pollution Control Ordinance Part II, Chapter 
4, Article II, Section 4-41, Rule 6--``Prohibition of Open Burning,'' 
and Part II, Chapter 4, Article II, Section 4-2, both locally

[[Page 64808]]

effective on January 23, 2017.\6\ 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).
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    \6\ EPA's approval also includes regulations/ordinances 
submitted for the other ten jurisdictions within the Bureau. See 
footnote 2 and 4, supra.
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IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Chattanooga portion of the Tennessee SIP because the changes are 
consistent with section 110 of the CAA. The SIP revision adds, 
clarifies, and updates Rule 6 consistent with applicable requirements.

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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur 
oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-25287 Filed 11-22-19; 8:45 am]
 BILLING CODE 6560-50-P