[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18126-18129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06583]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0294; FRL-10007-17-Region 4]
Air Plan Approval; Tennessee: Chattanooga NSR Reform
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Tennessee State Implementation Plan (SIP)
submitted through two letters dated June 25, 2008, and September 12,
2018. The SIP revisions were submitted by the Tennessee Department of
Environment and Conservation (TDEC) on behalf of the Chattanooga/
Hamilton County Air Pollution Control Bureau and modify the Prevention
of Significant Deterioration (PSD) regulations in the Chattanooga
portion of the Tennessee SIP to address changes to the federal new
source review (NSR) regulations in recent years for the implementation
of the national ambient air quality standards (NAAQS). Additionally,
the SIP revisions include updates to Chattanooga's regulations of
nitrogen oxides (NOX) and other miscellaneous typographical
and administrative updates. This action is being taken pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective May 1, 2020.
[[Page 18127]]
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0294. 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is taking final action to approve changes to the Chattanooga-
Hamilton County portion of the Tennessee SIP regarding PSD permitting,
as well as updates to the regulations of NOX and other
miscellaneous typographical and administrative updates, submitted by
TDEC on behalf of the Chattanooga/Hamilton County Air Pollution Control
Bureau (Bureau) through two letters dated June 25, 2008, and September
12, 2018.1 2 3 EPA is finalizing approval of portions of
these SIP revisions that make changes to the Chattanooga City Code,
Part II, Chapter 4, Article II, Section 4-41. Specifically, EPA is
approving changes in Section 4-41, which include updates to Rule 2--
Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions
from Internal Combustion Engines, and Rule 18--Prevention of
Significant Deterioration of Air Quality.4 5 6 7
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\1\ EPA received the SIP revisions on July 8, 2008, and
September 18, 2018, respectively.
\2\ 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.
\3\ On January 16, 2020, TDEC submitted, on behalf of the
Bureau, a letter dated January 15, 2020, providing supplemental
information for the September 12, 2018, submittal. This letter is
discussed in the proposed action (85 FR 7986) and is available in
the Docket.
\4\ The list of SIP-approved rules for Chattanooga/Hamilton
County, found at Table 4 of 40 CFR 52.2220(c), currently shows the
title of Section 4-41, Rule 18 as ``Prevention of Significant Air
Quality Deterioration.'' In this final rule, EPA is approving a
change to this title to instead show ``Prevention of Significant
Deterioration of Air Quality.''
\5\ In this final action, EPA is also approving substantively
identical changes from Chattanooga's Section 4-41, Rule 18, 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 18 (9/6/17); City of Collegedale--Section
14-341, Rule 18 (10/16/17); City of East Ridge--Section 8-41, Rule
18 (10/12/17); City of Lakesite--Section 14-41, Rule 18 (11/2/17);
City of Red Bank--Section 20-41, Rule 18 (11/21/17); City of Soddy-
Daisy--Section 8-41, Rule 18 (10/5/17); City of Lookout Mountain--
Section 41, Rule 18 (11/14/17); City of Ridgeside Section 41, Rule
18 (1/16/18); City of Signal Mountain Section 41, Rule 18 (10/20/
17); and Town of Walden Section 41, Rule 18 (10/16/17). However,
changes to Chattanooga's Section 4-41, Rule 2 and Rule 9, only apply
to the City of Chattanooga (12/12/07); Hamilton County--Section 8-
541, Rules 2 and 9 (11/7/07); and City of Collegedale--Section 8-
541, Rules 2 and 9 (1/22/08); therefore, EPA is not approving any
corresponding Regulations/Ordinances for the remaining
municipalities.
\6\ In the February 11, 2020, NPRM (85 FR 7686), EPA
inadvertently misidentified the section numbers for: (1) Hamilton
County's Rules 2 and 9, as Section 41; and (2) the City of
Collegedale's Rules 2 and 9, as Section 14-341. The correct section
number for both municipalities is Section 8-541.
\7\ 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
jurisdictions for brevity and simplicity.
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Aside from making typographical and administrative corrections to
some of the rules, these SIP revisions are meant to address changes to
the federal NSR regulations, as promulgated by EPA in various rules and
as described in EPA's February 11, 2020, notice of proposed rulemaking
(NPRM). See 85 FR 7986. In the February 11, 2020, NPRM, EPA proposed to
approve the aforementioned changes to Section 4-41, Rule 2--Regulation
of Nitrogen Oxides, Rule 9--Regulation of Visible Emissions from
Internal Combustion Engines, and Rule 18--Prevention of Significant
Deterioration of Air Quality in the Chattanooga-Hamilton County portion
of the Tennessee SIP. The February 11, 2020, NPRM provides additional
details regarding EPA's action. Comments on the February 11, 2020, NPRM
were due on or before March 12, 2020. EPA received no adverse comments
on the proposed action.
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 Chattanooga
City Code, Part II, Chapter 4, Section 4-41, Rule 2--Regulation of
Nitrogen Oxides; and Rule 9--Regulation of Visible Emissions from
Internal Combustion Engines, both locally effective December 12, 2007;
as well as Rule 18--Prevention of Significant Deterioration of Air
Quality, locally effective October 3, 2017.8 9 The revisions
are designed to address changes to the Federal NSR regulations in
recent years for the implementation of the NAAQS and updates to
Chattanooga's regulations of NOX and other miscellaneous
typographical and administrative updates. 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.\10\
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\8\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
supra notes 2 and 5.
\9\ In the February 11, 2020, NPRM (85 FR 7986), EPA
inadvertently misidentified the locally effective dates for: (1)
Chattanooga's Section 4-41, Rule 18, as January 23, 2017; and (2)
the City of Lakesite's Section 14-41, Rule 18, as October 17, 2017.
The correct dates are October 3, 2017, and November 2, 2017,
respectively.
\10\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve changes to Chattanooga's June
25, 2008, and September 12, 2018, SIP submittals, meant to address
changes to the federal NSR regulations, as well as making typographical
and administrative updates. Specifically, EPA is finalizing approval of
changes to Chattanooga City Code, Part II, Chapter 4, Section 4-41,
which include updates to Rule 2--
[[Page 18128]]
Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions
from Internal Combustion Engines, and Rule 18--Prevention of
Significant Deterioration of Air Quality. EPA is approving changes into
the Chattanooga portion of the Tennessee SIP because the changes are
consistent with section 110 of 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 does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action 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. These actions are 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 June 1, 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. These actions 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 17, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
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. In Sec. 52.2220, paragraph (c), amend table 4 by revising the
entries for ``Section 4-41, Rule 2,'' ``Section 4-41, Rule 9,'' and
``Section 4-41, Rule 18,'' under the heading ``Article II. Section 4-41
Rules, Regulations, Criteria, Standards'' to read as follows:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 4--EPA-Approved Chattanooga Regulations
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Adoption
State section Title/subject date EPA approval date Explanation
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Article II. Section 4-41 Rules, Regulations, Criteria, Standards
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[[Page 18129]]
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Section 4-41 Rule 2.......... Regulation of 12/12/07 April 1, 2020, EPA's approval includes
Nitrogen Oxides. [Insert citation of the corresponding
publication]. sections of the Air
Pollution Control
Regulations/Ordinances
for the following
jurisdictions within
the Chattanooga-
Hamilton County Air
Pollution Control
Bureau, which were
locally effective as of
the relevant dates
below: Hamilton County--
Section 8-541, Rule 2
(11/7/07); and City of
Collegedale--Section 8-
541, Rule 2 (1/22/08).
* * * * * * *
Section 4-41 Rule 9.......... Regulation of 12/12/07 April 1, 2020, EPA's approval includes
Visible Emissions [Insert citation of the corresponding
from Internal publication]. sections of the Air
Combustion Engines. Pollution Control
Regulations/Ordinances
for the following
jurisdictions within
the Chattanooga-
Hamilton County Air
Pollution Control
Bureau, which were
locally effective as of
the relevant dates
below: Hamilton County--
Section 8-541, Rule 9
(11/7/07); and City of
Collegedale--Section 8-
541, Rule 9 (1/22/08).
* * * * * * *
Section 4-41 Rule 18......... Prevention of 10/3/17 April 1, 2020, EPA's approval includes
Significant [Insert citation of the corresponding
Deterioration of publication]. sections of the Air
Air Quality. Pollution Control
Regulations/Ordinances
for the remaining
jurisdictions within
the Chattanooga-
Hamilton County Air
Pollution Control
Bureau, which were
locally effective as of
the relevant dates
below: Hamilton County--
Section 41, Rule 18 (9/
6/17); City of
Collegedale--Section 14-
341, Rule 18 (10/16/
17); City of East
Ridge--Section 8-41,
Rule 18 (10/12/17);
City of Lakesite--
Section 14-41, Rule 18
(11/2/17); City of Red
Bank--Section 20-41,
Rule 18 (11/21/17);
City of Soddy-Daisy--
Section 8-41, Rule 18
(10/5/17); City of
Lookout Mountain--
Section 41, Rule 18 (11/
14/17); City of
Ridgeside Section 41,
Rule 18 (1/16/18); City
of Signal Mountain
Section 41, Rule 18 (10/
20/17); and Town of
Walden Section 41, Rule
18 (10/16/17).
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[FR Doc. 2020-06583 Filed 3-31-20; 8:45 am]
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