[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64165-64167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22357]



[[Page 64165]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0569; FRL-10136-02-R4]


Air Plan Approval; TN; Updates to References to Appendix W 
Modeling Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Tennessee 
on April 9, 2021. Specifically, EPA is approving updates to the 
incorporation by reference of Federal guidelines on air quality 
modeling in the Tennessee SIP. EPA is also converting the previous 
conditional approval regarding infrastructure SIP prevention of 
significant deterioration (PSD) elements for the 2015 ozone national 
ambient air quality standards (NAAQS) for Tennessee to a full approval. 
EPA is approving this revision pursuant to the Clean Air Act (CAA or 
Act).

DATES: This rule is effective November 23, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0569. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). 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 type of SIP is commonly 
referred to as an ``infrastructure SIP'' or ``iSIP.'' States were 
required to submit such SIP revisions for the 2015 8-hour ozone NAAQS 
to EPA no later than October 1, 2018.\1\
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    \1\ In 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 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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    On September 13, 2018, Tennessee met the requirement to submit an 
iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, deadline. 
Through previous rulemakings, EPA approved most of the infrastructure 
SIP elements for the 2015 ozone NAAQS for Tennessee.2 3 
However, regarding the PSD elements of section 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) (herein referred to as 
element C, Prong 3, and element J, respectively), EPA conditionally 
approved \4\ these portions of Tennessee's iSIP submission because of 
outdated references to the Federal guidelines on air quality modeling 
found in appendix W of 40 CFR part 51.\5\ As previously mentioned, all 
other applicable iSIP requirements for Tennessee for the 2015 8-hour 
ozone NAAQS were addressed or will be addressed in separate 
rulemakings.
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    \2\ EPA approved most elements for Tennessee, except for the 
Interstate Transport provisions (Prongs 1 and 2), and the PSD 
provisions (element C, Prong 3, and J), on December 26, 2019. See 84 
FR 70895.
    \3\ The Interstate Transport provisions (Prongs 1 and 2) for 
Tennessee have been proposed for disapproval, but that action has 
not yet been finalized. See 87 FR 9545 (February 22, 2022).
    \4\ Under CAA section 110(k)(4), EPA may conditionally approve a 
SIP revision based on a commitment from a state to adopt specific 
enforceable measures by a date certain, but not later than one year 
from the date of approval. If the state fails to meet the commitment 
within one year of the final conditional approval, the conditional 
approval will be treated as a disapproval and EPA will issue a 
finding of disapproval.
    \5\ For the State of Tennessee, EPA conditionally approved the 
PSD provisions of element C, Prong 3, and element J, on April 9, 
2020. See 85 FR 19888.
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    For elements C and J to be approved for PSD, a state needs to 
demonstrate that its SIP meets the PSD-related infrastructure 
requirements of these sections. These requirements are met if the 
state's implementation plan includes a PSD program that meets current 
Federal requirements. Prong 3 is also approvable when a state's 
implementation plan contains a fully approved, up-to-date PSD program. 
EPA's PSD regulations at 40 CFR 51.166(l) require that modeling be 
conducted in accordance with appendix W, Guideline on Air Quality 
Models. EPA promulgated the most current version of appendix W on 
January 17, 2017 (82 FR 5182). Therefore, for the iSIP PSD elements for 
the 2015 8-hour ozone NAAQS to be approved, the PSD regulations in the 
SIP must reference the most current version of appendix W.
    As discussed in EPA's April 9, 2020, conditional approval of the 
2015 ozone iSIP PSD elements for Tennessee, the State's SIP contained 
outdated references to appendix W. The State committed to updating the 
outdated references and submitting a SIP revision within one year of 
EPA's final rule conditionally approving these PSD elements. 
Accordingly, Tennessee was required to submit a SIP revision by April 
9, 2021. Tennessee met its commitment by submitting a SIP revision to 
correct the deficiencies before the deadline.
    In a notice of proposed rulemaking (NPRM), published on August 24, 
2022 (87 FR 51944), EPA proposed to approve changes to the Tennessee 
SIP and to convert the conditional approval to a full approval for 
Tennessee regarding element C, Prong 3, and element J, for the 2015 8-
hour ozone NAAQS infrastructure SIP. The details of Tennessee's 
submission and the rationale for EPA's action are explained in the 
NPRM. Comments on the August 24, 2022, NPRM were due on or before 
September 23, 2022. EPA did not receive any comments on the August 24, 
2022, NPRM.

[[Page 64166]]

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, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of Tennessee Rules 1200-03-09-.01, 
Construction Permits,\6\ and 1200-03-21-.01, General Alternate Emission 
Standard, state effective on April 22, 2021, which address outdated 
references to EPA's modeling guidelines in order to meet PSD iSIP 
requirements for the 2015 8-hour ozone NAAQS. 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 is not incorporating the April 22, 2021, state effective 
version of the following provisions: 1200-03-09-.01(1)(a); 1200-03-
09-.01(1)(d); 1200-03-09-.01(1)(j); 1200-03-09-.01(4)(b)24(XVII); 
1200-03-09-.01(4)(b)29; 1200-03-09-.01(4)(b)47(i)(IV); 1200-03-
09-.01(4)(j)3; 1200-03-09-.01(5)(b)1(x)(VII); the PM2.5 
annual and 24-hour averaging time as part of subparagraph 1200-03-
09-.01(5)(b)(1)(xix); and 1200-03-09-.01(5)(b)2(iii)(II).
    In the August 24, 2022, NPRM, EPA also proposed to exclude 1200-
03-09-.01(1)(h); 1200-03-09-.01(4)(a)7(vi); 1200-03-
09-.01(4)(l)2(iii); 1200-03-09-.01(5)(b)2(viii)(III); and 1200-03-
09-.01(5)(b)3(i)(III) from the incorporation of the April 22, 2021, 
state effective version. See 87 FR 51946. Subsequent to the NPRM, 
EPA finalized approval of the version of these five provisions found 
in the April 22, 2021, state effective rule (see 87 FR 59322, 
September 30, 2022) and incorporated them by reference. EPA is 
therefore not finalizing the exclusion of these provisions from the 
incorporation by reference of Rule 1200-03-09-.01 in this action.
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III. Final Action

    EPA is approving changes to the Tennessee SIP and converting the 
conditional approval for element C, Prong 3, and element J for the 2015 
8-hour ozone Infrastructure SIP to a full approval. Specifically, EPA 
is approving changes to Tennessee Rules 1200-03-09-.01, Construction 
Permits, and 1200-03-21-.01, General Alternate Emission Standard.

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. 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 final 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);
     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 December 23, 2022. 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) of the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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


Sec.  52.2219  [Removed and Reserved]

0
2. Remove and reserve Sec.  52.2219.


0
3. In Sec.  52.2220:
0
a. In paragraph (c), amend Table 1 by revising the entries for 
``Section 1200-3-9-.01'' and ``Section 1200-3-21-.01''.
0
b. In paragraph (e), amend the table by adding at the end an entry for 
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour 
Ozone NAAQS''.
    The revisions and addition read as follows:


Sec.  52.2220  Identification of plan.

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[[Page 64167]]

    (c) * * *

                                                       Table 1--EPA Approved Tennessee Regulations
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                                                                           State
              State citation                     Title/subject        effective date      EPA approval date                    Explanation
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                                                                      * * * * * * *
Section 1200-3-9-.01.....................  Construction Permits.....       4/22/2021  10/24/2022, [Insert        Except for 1200-03-09-.01(1)(a),
                                                                                       citation of publication].  (1)(d), (4)(b)24(i)(XVII), (4)(b)29,
                                                                                                                  (4)(b)47(i)(IV), (4)(j)3, (5)(b)1(x)
                                                                                                                  (VII), and (5)(b)2(iii)(II), which
                                                                                                                  have a state effective date of 4/24/
                                                                                                                  2013; 1200-3-9-.01(1)(j), which is not
                                                                                                                  incorporated into the SIP; and the
                                                                                                                  PM2.5 SILs (found in 1200-3-9-
                                                                                                                  .01(5)(b)1(xix)) and the SMC (found in
                                                                                                                  1200-3-9-.01(4)(d)6(i)(III))
                                                                                                                  provisions.
 
                                                                      * * * * * * *
Section 1200-3-21-.01....................  General Alternate               4/22/2021  10/24/2022, [Insert
                                            Emission Standard.                         citation of
                                                                                       publication]..
 
                                                                      * * * * * * *
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* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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   Name of non-regulatory SIP     Applicable geographic        State
           provision              or nonattainment area   effective date   EPA approval date      Explanation
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                                                  * * * * * * *
110(a)(1) and (2)                Tennessee..............        4/9/2021  10/24/2022,         Addressing the PSD
 Infrastructure Requirements                                               [Insert citation    requirements of
 for the 2015 8-Hour Ozone                                                 of publication].    Section
 NAAQS.                                                                                        110(a)(2)(C),
                                                                                               (D)(i)(II) (Prong
                                                                                               3), and (J).
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[FR Doc. 2022-22357 Filed 10-21-22; 8:45 am]
BILLING CODE 6560-50-P