[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11887-11890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04489]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0810; FRL-9923-94-Region 4]
Approval and Promulgation of Implementation Plans; Tennessee;
Emissions Statement Requirement for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Tennessee state
implementation plan (SIP) submitted by the State of Tennessee, through
the Tennessee Department of Environment and Conservation (TDEC) on
January 5, 2015, to address the emissions statement requirements for
the 2008 8-hour ozone national ambient air quality standards (NAAQS).
The revision affects Davidson, Rutherford, Shelby, Sumner, Knox,
Blount, Anderson, Williamson, and Wilson Counties. Annual emissions
statements are required for certain sources in all ozone nonattainment
areas. These changes address requirements for the Knoxville, Tennessee
2008 8-hour ozone NAAQS nonattainment area (hereinafter referred to as
the Knoxville Area) and the Tennessee portion of the Memphis,
Tennessee-Arkansas-Mississippi 2008 8-hour ozone NAAQS nonattainment
area (hereinafter referred to as the Memphis Area). The Knoxville Area
is comprised of Knox and Blount County, and a portion of Anderson
County, Tennessee, and the Tennessee portion of the Memphis Area is
comprised of Shelby
[[Page 11888]]
County, Tennessee. Davidson, Rutherford, Sumner, Williamson, Wilson and
the remaining portion of Anderson County are not part of an ozone
nonattainment area.
DATES: This direct final rule is effective May 4, 2015 without further
notice, unless EPA receives adverse comment by April 6, 2015. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0810, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2014-0810,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0810. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management 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: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann
can be reached at (404) 562-9029 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. 40 CFR 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix I of part
50.
Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA
or Act) requires EPA to designate as nonattainment any area that is
violating the NAAQS, based on the three most recent years of ambient
air quality data at the conclusion of the designation process. The
Knoxville Area was designated nonattainment for the 2008 8-hour ozone
NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011
ambient air quality data. See 77 FR 30088 (April 30, 2012). At the time
of designation, the Knoxville Area was classified as a Marginal
nonattainment area for the 2008 8-hour ozone NAAQS. The Memphis Area
was designated nonattainment for the 2008 8-hour ozone NAAQS on April
30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality
data. See 77 FR 30088 (April 30, 2012). At the time of designation, the
Memphis Area was classified as a Marginal nonattainment area for the
2008 8-hour ozone NAAQS.
Based on these nonattainment designations, Tennessee was required
to develop SIP revisions addressing ozone nonattainment requirements of
the CAA for the Knoxville and Memphis Areas. Specifically, pursuant to
CAA section 182(a)(3)(B), Tennessee was required to submit a SIP
revision addressing emissions statements for these two Areas.
Ground level ozone is not emitted directly into the air, but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(3)(B) of the CAA requires each state with ozone
nonattainment areas to submit a SIP revision requiring annual emissions
statements to be submitted to the state by the owner or operator of
each NOX or VOC stationary source located within a
nonattainment area, showing the actual emissions of NOX
[[Page 11889]]
and VOC from that source.\1\ The first statement is due three years
from the area's nonattainment designation, and subsequent statements
are due at least annually thereafter.
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\1\ A state may waive the emission statement requirement for any
class or category of stationary sources which emit less than 25 tons
per year of VOCs or NOX if the state meets the
requirements of section 182(a)(3)(B)(ii).
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On January 5, 2015, Tennessee submitted a SIP revision revising its
existing Rule 1200-03-18-.02, ``General Provisions and Applicability,''
which amends its emissions statement requirements to address the
Knoxville and Memphis Areas under CAA section 182(a)(3)(B). EPA is now
taking action to approve this SIP revision as meeting the requirements
of sections 110 and 182(a)(3)(B) of the CAA for those Areas. More
information on EPA's analysis of Tennessee's SIP revision is provided
below.
II. Analysis of the State's Submittal
Tennessee's January 5, 2015, submission seeks to modify its SIP to
reflect recent changes to the emissions statement requirements in State
Rule 1200-03-18-.02(8). EPA initially approved this state regulation
into Tennessee's SIP in 1995. See 60 FR 10504 (February 27, 1995). At
that time, the regulation applied to stationary sources within
Davidson, Rutherford, Shelby, Sumner, Williamson, and Wilson Counties.
Tennessee modified State Rule 1200-03-18-.02(8) in 2014 to include
Anderson, Blount, and Knox counties; clarify that all owners or
operators of stationary sources with actual emissions of 25 tons per
year or more of VOC or NOX within these nine counties must
generate emissions statements; and allow subject sources in counties
that operate their own air pollution program to send these statements
to the local permitting authority rather than to the Technical
Secretary of the Tennessee Air Pollution Control Board. EPA has
determined that this amended regulation meets all of the requirements
of CAA section 182(a)(3)(B) for the Knoxville and Memphis Areas because
it covers the counties within those nonattainment areas and satisfies
the applicability, certification, and other emissions statement
criteria contained therein.
III. Final Action
EPA is approving Tennessee's January 5, 2015, SIP revision
addressing emissions statement requirements because the State's
submission meets the requirements of sections 110 and 182 of the CAA.
EPA is publishing this rule without prior proposal because the Agency
views this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective May 4, 2015 without
further notice unless the Agency receives adverse comments by April 6,
2015.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on May 4, 2015 and no
further action will be taken on the proposed rule.
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. 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 Order 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 Clean Air Act; 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 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 May 4, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
[[Page 11890]]
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 13, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
Therefore, 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. In Sec. 52.2220, table 1 in paragraph (c) is amended by revising
the entry ``Section 1200-3-18-.02'' to read as follows:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 1--EPA Approved Tennessee Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Chapter 1200-3-18 Volatile Organic Compounds
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Section 1200-3-18-.02........... General Provisions 12/18/2014 3/5/2015 [Insert Adds Knox, Blount, and
and Applicability. Federal Register Anderson County to
citation]. Emissions Statement
requirement
applicability;
clarifies that 25 tons
or more NOX sources
are required to submit
in addition to VOC
sources; and allows
subject sources to
send statements to the
local permitting
authority rather than
to the Technical
Secretary of the
Tennessee Air
Pollution Control
Board.
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[FR Doc. 2015-04489 Filed 3-4-15; 08:45 am]
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