[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Rules and Regulations]
[Pages 67378-67380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0171; FRL-10002-97-Region 4]


Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
Tennessee State Implementation Plan (SIP) revisions submitted by the 
Tennessee Department of Environment and Conservation (TDEC), on behalf 
of Knox County's Air Quality Management Division by a letter dated May 
24, 2018. The submissions revise four sections of Knox County's Air 
Quality Management Regulations covering definitions, opening burning, 
permits and emissions reporting requirements. These actions are being 
approved pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 9, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0171. 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, 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: Sean Lakeman, 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) 562-9043. Mr. Lakeman can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In a letter dated May 24, 2018, TDEC submitted SIP revisions to EPA 
for approval into the Knox County portion of the Tennessee SIP.\1\ 
Specifically, the May 24, 2018, SIP revisions include changes to the 
following Knox County SIP-approved regulations: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and 
Section 26.0--``Monitoring, Recording, and Reporting.'' These revisions 
are intended, in part, to conform Knox County's regulations with the 
State of Tennessee's SIP-approved regulations.
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    \1\ EPA notes that the Agency received the SIP revision on May 
29, 2018.
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    See EPA's notice of proposed rulemaking (NPRM) published on October 
22, 2019 (84 FR 56407) for further detail on the changes made in the 
July 2, 2018, submission. Comments were due on November 21, 2019, and 
EPA received no adverse comments on the NPRM. EPA is approving the 
changes to four sections of Knox County's rules: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and 
Section 26.0--``Monitoring, Recording, and Reporting'' because these 
changes are consistent with the CAA.

II. 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 Knox County's 
Air Quality Management Regulations, Section 13.0--``Definitions,'' 
state effective January 24, 2018; Section 16.2--``Definitions,'' state 
effective January 24, 2018; Section 25.11--``Limiting a Source's 
Potential to Emit of VOC by Recordkeeping,'' state effective October 
18, 2017; and Section 26.7--``Emission Inventory Requirements,'' state 
effective October 18, 2017. These revisions are intended, in part, to 
conform Knox County's regulations with the State of Tennessee's SIP-
approved regulations. 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.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to the Knox County 
portion of the Tennessee SIP submitted on May 24, 2018, that make 
revisions to Knox County's Air Quality Management Regulations, Section 
13.0--``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and 
Section 26.0--``Monitoring, Recording, and

[[Page 67379]]

Reporting.'' EPA views these changes as being consistent with the CAA.

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. These actions merely 
approve state law as meeting Federal requirements and would not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 10, 2020. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: November 25, 2019.
Mary S. Walker,
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), Table 3, is amended by:
0
a. Revising the entries for ``13.0'' and ``16.0.''
0
b. Adding an entry for ``16.2'' in numerical order; and
0
c. Under the heading ``Section 25.0--Permits'':
0
i. Removing the entry for ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10; 
25.11'' and adding the entry ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10'' in 
its place;
0
ii. Adding an entry for ``25.11'' in numerical order;
0
iii. Revising the entry for ``26.0''; and
0
iv. Adding an entry for ``26.7'' in numerical order.
    The revisions and additions read as follows:


Sec.  52.2220  Identification of plan.

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    (c) * * *

                                 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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                                                  * * * * * * *
13.0.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
16.0.............................  Open Burning.......      12/14/2005  1/3/07, 72 FR 20...  With the exception
                                                                                              of 16.2--
                                                                                              Definitions.
16.2.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].

[[Page 67380]]

 
 
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                                              Section 25.0--Permits
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                                                  * * * * * * *
25.2; 25.4; 25.5; 25.6; 25.7;      Application for           3/12/2014  4/22/2016, 81 FR
 25.10.                             Permit; Compliance                   23640.
                                    Schedule;
                                    Reporting of
                                    Information;
                                    Exemptions;
                                    Payment of Fees;
                                    Permit by Rule.
25.11............................  Limiting a Source's      10/18/2017  12/10/2019; [Insert
                                    Potential to Emit                    citation of
                                    of VOC by                            publication].
                                    Recordkeeping.
26.0.............................  Monitoring,               1/21/2015  11/5/2015, 80 FR     With the exception
                                    Recording, and                       68450.               of 26.7--Emission
                                    Reporting.                                                Inventory
                                                                                              Requirements.
26.7.............................  Emission Inventory       10/18/2017  12/10/2019; [Insert
                                    Requirements.                        citation of
                                                                         publication].
 
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[FR Doc. 2019-26465 Filed 12-9-19; 8:45 am]
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