[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Rules and Regulations]
[Pages 70895-70897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0203; FRL-10003-55-Region 4]


Air Quality Plans; Tennessee; Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) submission, provided by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), through a letter dated September 13, 2018, for 
inclusion into the Tennessee SIP. This action pertains to the 
infrastructure requirements of the Clean Air Act (CAA or Act) for the 
2015 8-hour ozone national ambient air quality standard (NAAQS). 
Whenever EPA promulgates a new or revised NAAQS, the CAA requires that 
each state adopt and submit a SIP for the implementation, maintenance, 
and enforcement of each NAAQS promulgated by EPA. TDEC certified that 
the Tennessee SIP contains provisions that ensure the 2015 8-hour ozone 
NAAQS is implemented, enforced, and maintained in Tennessee. EPA has 
determined that portions of Tennessee's SIP submission satisfy certain 
required infrastructure elements for the 2015 8-hour ozone NAAQS.

DATES: This rule will be effective January 27, 2020.

ADDRESSES: EPA has established a docket for this action under Docket

[[Page 70896]]

Identification No. EPA-R04-OAR-2019-0203. 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, 30303-8960. Mr. Lakeman can be reached via 
electronic mail at [email protected] or via telephone at (404) 562-
9043.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 1, 2015 (published October 26, 2015, see 80 FR 65292), 
EPA promulgated a revised primary and secondary NAAQS for ozone 
revising the 8-hour ozone NAAQS from 0.075 parts per million (ppm) to a 
new more protective level of 0.070 ppm. Pursuant to section 110(a)(1) 
of the CAA, states are required to submit SIP revisions meeting the 
applicable requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) requires states to address basic 
SIP elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP.'' States were required 
to submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later 
than October 1, 2018.\1\
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    \1\ In these infrastructure SIP submissions, states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).
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    This action is approving Tennessee's September 13, 2018,\2\ 
revision submitted to EPA through TDEC for the applicable 
infrastructure SIP requirements of the 2015 8-hour ozone NAAQS, with 
the exception of the interstate transport provisions of section 
110(a)(2)(D)(i)(I) pertaining to contribution to nonattainment or 
interference with maintenance in other states (prongs 1 and 2), and the 
prevention of significant deterioration (PSD) provisions related to 
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) prong 3, 
and 110(a)(2)(J). With respect to the interstate transport provisions 
of section 110(a)(2)(D)(i)(I) and the PSD provisions related to major 
sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J), EPA will address these in separate rulemaking actions.
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    \2\ The September 13, 2018, SIP submission submitted by TDEC was 
received by EPA on September 17, 2018.
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    In a notice of proposed rulemaking (NPRM) published on October 9, 
2019 (84 FR 54080), EPA proposed to approve Tennessee's September 13, 
2018, revision submitted to EPA through TDEC for the applicable 
infrastructure SIP requirements of the 2015 8-hour ozone NAAQS. The 
NPRM provides additional detail regarding the background and rationale 
for EPA's action. Comments on the NPRM were due on or before November 
8, 2019. EPA received no comments on the NPRM.

II. Final Action

    With the exception of interstate transport provisions of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to the 
contribution to nonattainment or interference with maintenance in other 
states and PSD provisions related to major sources under sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J), EPA is 
approving Tennessee's September 13, 2018, infrastructure submission for 
the 2015 8-hour ozone NAAQS for the above described infrastructure SIP 
requirements. EPA is approving Tennessee's infrastructure SIP 
submission for the 2015 8-hour ozone NAAQS because the submission is 
consistent with section 110 of the CAA.

III. 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);
     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).
    In addition, 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

[[Page 70897]]

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 24, 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: December 10, 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(e) is amended by adding an entry for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2015 8-hour Ozone NAAQS'' at 
the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                                               State
   Name of non-regulatory SIP     Applicable geographic or   effective    EPA approval date      Explanation
            provision                nonattainment area         date
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110(a)(1) and (2) Infrastructure  Tennessee...............    9/13/2018  12/26/2019 [Insert  With the exception
 Requirements for the 2015 8-                                             citation of         of the PSD
 hour Ozone NAAQS.                                                        publication].       permitting
                                                                                              requirements of
                                                                                              110(a)(2)(C) and
                                                                                              (J), and
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              and (II) (prongs
                                                                                              1, 2 and 3).
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[FR Doc. 2019-27542 Filed 12-23-19; 8:45 am]
BILLING CODE 6560-50-P