80_FR_11930 80 FR 11887 - Approval and Promulgation of Implementation Plans; Tennessee; Emissions Statement Requirement for the 2008 8-Hour Ozone Standard

80 FR 11887 - Approval and Promulgation of Implementation Plans; Tennessee; Emissions Statement Requirement for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 43 (March 5, 2015)

Page Range11887-11890
FR Document2015-04489

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 County, Tennessee. Davidson, Rutherford, Sumner, Williamson, Wilson and the remaining portion of Anderson County are not part of an ozone nonattainment area.

Federal Register, Volume 80 Issue 43 (Thursday, March 5, 2015)
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11887-11890]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-18 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-04489 Filed 3-4-15; 08:45 am]
 BILLING CODE 6560-50P



                                                                   Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations                                               11887

                                                who enforce, or otherwise determine                     9. Civil Justice Reform                               to the discovery of a significant
                                                compliance with, Federal regulations to                   This rule meets applicable standards                environmental impact from this rule.
                                                the Small Business and Agriculture                      in sections 3(a) and 3(b)(2) of Executive             List of Subjects in 33 CFR Part 165
                                                Regulatory Enforcement Ombudsman                        Order 12988, Civil Justice Reform, to
                                                and the Regional Small Business                                                                                 Harbors, Marine safety, Navigation
                                                                                                        minimize litigation, eliminate                        (water), Reporting and recordkeeping
                                                Regulatory Fairness Boards. The                         ambiguity, and reduce burden.
                                                Ombudsman evaluates these actions                                                                             requirements, Security measures,
                                                annually and rates each agency’s                        10. Protection of Children                            Waterways.
                                                responsiveness to small business. If you                  We have analyzed this rule under                      Accordingly, the interim rule
                                                wish to comment on actions by                           Executive Order 13045, Protection of                  amending 33 CFR part 165 that
                                                employees of the Coast Guard, call 1–                   Children from Environmental Health                    published at 77 FR 75850 on December
                                                888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not              26, 2012, is adopted as a final rule
                                                Coast Guard will not retaliate against                  an economically significant rule and                  without change.
                                                small entities that question or complain                does not create an environmental risk to                Dated: December 29, 2014.
                                                about this rule or any policy or action                 health or risk to safety that may                     R.V. Timme,
                                                of the Coast Guard.                                     disproportionately affect children.                   Captain, U.S. Coast Guard, Captain of the
                                                4. Collection of Information                            11. Indian Tribal Governments                         Port Ohio Valley.
                                                   This rule will not call for a new                                                                          [FR Doc. 2015–03331 Filed 3–4–15; 8:45 am]
                                                                                                           This rule does not have tribal
                                                collection of information under the                                                                           BILLING CODE 9110–04–P
                                                                                                        implications under Executive Order
                                                Paperwork Reduction Act of 1995 (44
                                                                                                        13175, Consultation and Coordination
                                                U.S.C. 3501–3520).
                                                                                                        with Indian Tribal Governments,                       ENVIRONMENTAL PROTECTION
                                                5. Federalism                                           because it does not have a substantial                AGENCY
                                                   A rule has implications for federalism               direct effect on one or more Indian
                                                under Executive Order 13132,                            tribes, on the relationship between the               40 CFR Part 52
                                                Federalism, if it has a substantial direct              Federal Government and Indian tribes,
                                                                                                        or on the distribution of power and                   [EPA–R04–OAR–2014–0810; FRL–9923–94–
                                                effect on the States, on the relationship                                                                     Region 4]
                                                between the national government and                     responsibilities between the Federal
                                                the States, or on the distribution of                   Government and Indian tribes.                         Approval and Promulgation of
                                                power and responsibilities among the                    12. Energy Effects                                    Implementation Plans; Tennessee;
                                                various levels of government. We have                                                                         Emissions Statement Requirement for
                                                analyzed this rule under that Order and                   This action is not a ‘‘significant                  the 2008 8-Hour Ozone Standard
                                                determined that this rule does not have                 energy action’’ under Executive Order
                                                implications for federalism.                            13211, Actions Concerning Regulations                 AGENCY: Environmental Protection
                                                                                                        That Significantly Affect Energy Supply,              Agency.
                                                6. Protest Activities                                   Distribution, or Use.                                 ACTION: Direct final rule.
                                                   The Coast Guard respects the First                   13. Technical Standards
                                                Amendment rights of protesters.                                                                               SUMMARY:   The Environmental Protection
                                                Protesters are asked to contact the                       This rule does not use technical                    Agency (EPA) is taking direct final
                                                person listed in the FOR FURTHER                        standards. Therefore, we did not                      action to approve a revision to the
                                                INFORMATION CONTACT section to                          consider the use of voluntary consensus               Tennessee state implementation plan
                                                coordinate protest activities so that your              standards.                                            (SIP) submitted by the State of
                                                message can be received without                                                                               Tennessee, through the Tennessee
                                                                                                        14. Environment
                                                jeopardizing the safety or security of                                                                        Department of Environment and
                                                people, places or vessels.                                We have analyzed this rule under                    Conservation (TDEC) on January 5,
                                                                                                        Department of Homeland Security                       2015, to address the emissions
                                                7. Unfunded Mandates Reform Act                         Management Directive 023–01 and                       statement requirements for the 2008 8-
                                                   The Unfunded Mandates Reform Act                     Commandant Instruction M16475.lD,                     hour ozone national ambient air quality
                                                of 1995 (2 U.S.C. 1531–1538) requires                   which guide the Coast Guard in                        standards (NAAQS). The revision affects
                                                Federal agencies to assess the effects of               complying with the National                           Davidson, Rutherford, Shelby, Sumner,
                                                their discretionary regulatory actions. In              Environmental Policy Act of 1969                      Knox, Blount, Anderson, Williamson,
                                                particular, the Act addresses actions                   (NEPA) (42 U.S.C. 4321–4370f), and                    and Wilson Counties. Annual emissions
                                                that may result in the expenditure by a                 have determined that this action is one               statements are required for certain
                                                State, local, or tribal government, in the              of a category of actions that do not                  sources in all ozone nonattainment
                                                aggregate, or by the private sector of                  individually or cumulatively have a                   areas. These changes address
                                                $100,000,000 (adjusted for inflation) or                significant effect on the human                       requirements for the Knoxville,
                                                more in any one year. Though this rule                  environment. This rule involves                       Tennessee 2008 8-hour ozone NAAQS
                                                will not result in such an expenditure,                 creation of safety zones from mile 38.0               nonattainment area (hereinafter referred
                                                we do discuss the effects of this rule                  to mile 46.0, and from mile 78.0 to mile              to as the Knoxville Area) and the
                                                elsewhere in this preamble.                             81.0 UMR. This rule is categorically                  Tennessee portion of the Memphis,
                                                                                                        excluded from further review under                    Tennessee-Arkansas-Mississippi 2008 8-
mstockstill on DSK4VPTVN1PROD with RULES




                                                8. Taking of Private Property                           paragraph 34(g) of Figure 2–1 of the                  hour ozone NAAQS nonattainment area
                                                   This rule will not cause a taking of                 Commandant Instruction. An                            (hereinafter referred to as the Memphis
                                                private property or otherwise have                      environmental analysis checklist and a                Area). The Knoxville Area is comprised
                                                taking implications under Executive                     categorical exclusion determination are               of Knox and Blount County, and a
                                                Order 12630, Governmental Actions and                   available in the docket where indicated               portion of Anderson County, Tennessee,
                                                Interference with Constitutionally                      under the ADDRESSES. We seek any                      and the Tennessee portion of the
                                                Protected Property Rights.                              comments or information that may lead                 Memphis Area is comprised of Shelby


                                           VerDate Sep<11>2014   17:52 Mar 04, 2015   Jkt 235001   PO 00000   Frm 00031   Fmt 4700   Sfmt 4700   E:\FR\FM\05MRR1.SGM   05MRR1


                                                11888              Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations

                                                County, Tennessee. Davidson,                            to EPA without going through                          8-hour ozone NAAQS is attained when
                                                Rutherford, Sumner, Williamson,                         www.regulations.gov, your email                       the 3-year average of the annual fourth
                                                Wilson and the remaining portion of                     address will be automatically captured                highest daily maximum 8-hour average
                                                Anderson County are not part of an                      and included as part of the comment                   ambient air quality ozone
                                                ozone nonattainment area.                               that is placed in the public docket and               concentrations is less than or equal to
                                                DATES: This direct final rule is effective              made available on the Internet. If you                0.075 ppm. 40 CFR 50.15. Ambient air
                                                May 4, 2015 without further notice,                     submit an electronic comment, EPA                     quality monitoring data for the 3-year
                                                unless EPA receives adverse comment                     recommends that you include your                      period must meet a data completeness
                                                by April 6, 2015. If EPA receives such                  name and other contact information in                 requirement. The ambient air quality
                                                comments, it will publish a timely                      the body of your comment and with any                 monitoring data completeness
                                                withdrawal of the direct final rule in the              disk or CD–ROM you submit. If EPA                     requirement is met when the average
                                                Federal Register informing the public                   cannot read your comment due to                       percent of days with valid ambient
                                                that the rule will not take effect.                     technical difficulties and cannot contact             monitoring data is greater than 90
                                                                                                        you for clarification, EPA may not be                 percent, and no single year has less than
                                                ADDRESSES: Submit your comments,
                                                                                                        able to consider your comment.                        75 percent data completeness as
                                                identified by Docket ID No. EPA–R04–
                                                                                                        Electronic files should avoid the use of              determined in Appendix I of part 50.
                                                OAR–2014–0810, by one of the                                                                                     Upon promulgation of a new or
                                                following methods:                                      special characters, any form of
                                                                                                        encryption, and be free of any defects or             revised NAAQS, the Clean Air Act
                                                   1. www.regulations.gov: Follow the                                                                         (CAA or Act) requires EPA to designate
                                                on-line instructions for submitting                     viruses. For additional information
                                                                                                        about EPA’s public docket visit the EPA               as nonattainment any area that is
                                                comments.                                                                                                     violating the NAAQS, based on the
                                                   2. Email: R4-ARMS@epa.gov.                           Docket Center homepage at http://www.
                                                                                                        epa.gov/epahome/dockets.htm.                          three most recent years of ambient air
                                                   3. Fax: (404) 562–9019.                                                                                    quality data at the conclusion of the
                                                   4. Mail: ‘‘EPA–R04–OAR–2014–                            Docket: All documents in the
                                                                                                        electronic docket are listed in the                   designation process. The Knoxville Area
                                                0810,’’ Air Regulatory Management                                                                             was designated nonattainment for the
                                                Section (formerly the Regulatory                        www.regulations.gov index. Although
                                                                                                        listed in the index, some information is              2008 8-hour ozone NAAQS on April 30,
                                                Development Section), Air Planning and                                                                        2012 (effective July 20, 2012) using
                                                Implementation Branch (formerly the                     not publicly available, i.e., CBI or other
                                                                                                        information whose disclosure is                       2009–2011 ambient air quality data. See
                                                Air Planning Branch), Air, Pesticides                                                                         77 FR 30088 (April 30, 2012). At the
                                                and Toxics Management Division, U.S.                    restricted by statute. Certain other
                                                                                                        material, such as copyrighted material,               time of designation, the Knoxville Area
                                                Environmental Protection Agency,                                                                              was classified as a Marginal
                                                Region 4, 61 Forsyth Street SW.,                        is not placed on the Internet and will be
                                                                                                        publicly available only in hard copy                  nonattainment area for the 2008 8-hour
                                                Atlanta, Georgia 30303–8960.                                                                                  ozone NAAQS. The Memphis Area was
                                                   5. Hand Delivery or Courier: Lynorae                 form. Publicly available docket
                                                                                                        materials are available either                        designated nonattainment for the 2008
                                                Benjamin, Chief, Air Regulatory                                                                               8-hour ozone NAAQS on April 30, 2012
                                                Management Section, Air Planning and                    electronically in www.regulations.gov or
                                                                                                        in hard copy at the Air Regulatory                    (effective July 20, 2012) using 2008–
                                                Implementation Branch, Air, Pesticides                                                                        2010 ambient air quality data. See 77 FR
                                                and Toxics Management Division, U.S.                    Management Section, Air Planning and
                                                                                                        Implementation Branch, Air, Pesticides                30088 (April 30, 2012). At the time of
                                                Environmental Protection Agency,                                                                              designation, the Memphis Area was
                                                Region 4, 61 Forsyth Street SW.,                        and Toxics Management Division, U.S.
                                                                                                        Environmental Protection Agency,                      classified as a Marginal nonattainment
                                                Atlanta, Georgia 30303–8960. Such                                                                             area for the 2008 8-hour ozone NAAQS.
                                                deliveries are only accepted during the                 Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                 Based on these nonattainment
                                                Regional Office’s normal hours of                       Atlanta, Georgia 30303–8960. EPA
                                                                                                                                                              designations, Tennessee was required to
                                                operation. The Regional Office’s official               requests that if at all possible, you
                                                                                                                                                              develop SIP revisions addressing ozone
                                                hours of business are Monday through                    contact the person listed in the FOR
                                                                                                                                                              nonattainment requirements of the CAA
                                                Friday, 8:30 a.m. to 4:30 p.m., excluding               FURTHER INFORMATION CONTACT section to
                                                                                                                                                              for the Knoxville and Memphis Areas.
                                                Federal holidays.                                       schedule your inspection. The Regional                Specifically, pursuant to CAA section
                                                   Instructions: Direct your comments to                Office’s official hours of business are               182(a)(3)(B), Tennessee was required to
                                                Docket ID No. EPA–R04–OAR–2014–                         Monday through Friday, 8:30 a.m. to                   submit a SIP revision addressing
                                                0810. EPA’s policy is that all comments                 4:30 p.m., excluding Federal holidays.                emissions statements for these two
                                                received will be included in the public                 FOR FURTHER INFORMATION CONTACT: Jane                 Areas.
                                                docket without change and may be                        Spann, Air Regulatory Management                         Ground level ozone is not emitted
                                                made available online at                                Section, Air Planning and                             directly into the air, but is created by
                                                www.regulations.gov, including any                      Implementation Branch, Air, Pesticides                chemical reactions between oxides of
                                                personal information provided, unless                   and Toxics Management Division, U.S.                  nitrogen (NOX) and volatile organic
                                                the comment includes information                        Environmental Protection Agency,                      compounds (VOC) in the presence of
                                                claimed to be Confidential Business                     Region 4, 61 Forsyth Street SW.,                      sunlight. Emissions from industrial
                                                Information (CBI) or other information                  Atlanta, Georgia 30303–8960. Ms.                      facilities and electric utilities, motor
                                                whose disclosure is restricted by statute.              Spann can be reached at (404) 562–9029                vehicle exhaust, gasoline vapors, and
                                                Do not submit through                                   and via electronic mail at spann.jane@                chemical solvents are some of the major
                                                www.regulations.gov or email,                           epa.gov.                                              sources of NOX and VOC. Section
                                                information that you consider to be CBI                 SUPPLEMENTARY INFORMATION:                            182(a)(3)(B) of the CAA requires each
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                                                or otherwise protected. The                                                                                   state with ozone nonattainment areas to
                                                www.regulations.gov Web site is an                      I. Background                                         submit a SIP revision requiring annual
                                                ‘‘anonymous access’’ system, which                         On March 12, 2008, EPA promulgated                 emissions statements to be submitted to
                                                means EPA will not know your identity                   a revised 8-hour ozone NAAQS of 0.075                 the state by the owner or operator of
                                                or contact information unless you                       parts per million (ppm). See 73 FR                    each NOX or VOC stationary source
                                                provide it in the body of your comment.                 16436 (March 27, 2008). Under EPA’s                   located within a nonattainment area,
                                                If you send an email comment directly                   regulations at 40 CFR part 50, the 2008               showing the actual emissions of NOX


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                                                                    Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations                                         11889

                                                and VOC from that source.1 The first                    Agency views this as a noncontroversial                  • Is not an economically significant
                                                statement is due three years from the                   submittal and anticipates no adverse                  regulatory action based on health or
                                                area’s nonattainment designation, and                   comments. However, in the proposed                    safety risks subject to Executive Order
                                                subsequent statements are due at least                  rules section of this Federal Register                13045 (62 FR 19885, April 23, 1997);
                                                annually thereafter.                                    publication, EPA is publishing a                         • Is not a significant regulatory action
                                                  On January 5, 2015, Tennessee                         separate document that will serve as the              subject to Executive Order 13211 (66 FR
                                                submitted a SIP revision revising its                   proposal to approve the SIP revision                  28355, May 22, 2001);
                                                existing Rule 1200–03–18–.02, ‘‘General                 should adverse comments be filed. This                   • Is not subject to requirements of
                                                Provisions and Applicability,’’ which                   rule will be effective May 4, 2015                    Section 12(d) of the National
                                                amends its emissions statement                          without further notice unless the                     Technology Transfer and Advancement
                                                requirements to address the Knoxville                   Agency receives adverse comments by                   Act of 1995 (15 U.S.C. 272 note) because
                                                and Memphis Areas under CAA section                     April 6, 2015.                                        application of those requirements would
                                                182(a)(3)(B). EPA is now taking action to                  If EPA receives such comments, then                be inconsistent with the Clean Air Act;
                                                approve this SIP revision as meeting the                EPA will publish a document                           and
                                                requirements of sections 110 and                        withdrawing the final rule and                           • Does not provide EPA with the
                                                182(a)(3)(B) of the CAA for those Areas.                informing the public that the rule will               discretionary authority to address, as
                                                More information on EPA’s analysis of                   not take effect. All public comments                  appropriate, disproportionate human
                                                Tennessee’s SIP revision is provided                    received will then be addressed in a                  health or environmental effects, using
                                                below.                                                  subsequent final rule based on the                    practicable and legally permissible
                                                                                                                                                              methods, under Executive Order 12898
                                                II. Analysis of the State’s Submittal                   proposed rule. EPA will not institute a
                                                                                                                                                              (59 FR 7629, February 16, 1994).
                                                                                                        second comment period. Parties
                                                   Tennessee’s January 5, 2015,                                                                                  In addition, the SIP is not approved
                                                                                                        interested in commenting should do so                 to apply on any Indian reservation land
                                                submission seeks to modify its SIP to
                                                                                                        at this time. If no such comments are                 or in any other area where EPA or an
                                                reflect recent changes to the emissions
                                                                                                        received, the public is advised that this             Indian tribe has demonstrated that a
                                                statement requirements in State Rule
                                                                                                        rule will be effective on May 4, 2015                 tribe has jurisdiction. In those areas of
                                                1200–03–18–.02(8). EPA initially
                                                                                                        and no further action will be taken on                Indian country, the rule does not have
                                                approved this state regulation into
                                                Tennessee’s SIP in 1995. See 60 FR                      the proposed rule.                                    tribal implications as specified by
                                                10504 (February 27, 1995). At that time,                IV. Statutory and Executive Order                     Executive Order 13175 (65 FR 67249,
                                                the regulation applied to stationary                    Reviews                                               November 9, 2000), nor will it impose
                                                sources within Davidson, Rutherford,                                                                          substantial direct costs on tribal
                                                                                                           Under the CAA, the Administrator is                governments or preempt tribal law.
                                                Shelby, Sumner, Williamson, and
                                                Wilson Counties. Tennessee modified                     required to approve a SIP submission                     The Congressional Review Act, 5
                                                State Rule 1200–03–18–.02(8) in 2014 to                 that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                                include Anderson, Blount, and Knox                      Act and applicable Federal regulations.               Business Regulatory Enforcement
                                                counties; clarify that all owners or                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                                operators of stationary sources with                    Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                                actual emissions of 25 tons per year or                 EPA’s role is to approve state choices,               agency promulgating the rule must
                                                more of VOC or NOX within these nine                    provided that they meet the criteria of               submit a rule report, which includes a
                                                counties must generate emissions                        the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                                statements; and allow subject sources in                merely approves state law as meeting                  Congress and to the Comptroller General
                                                counties that operate their own air                     Federal requirements and does not                     of the United States. EPA will submit a
                                                pollution program to send these                         impose additional requirements beyond                 report containing this action and other
                                                statements to the local permitting                      those imposed by state law. For that                  required information to the U.S. Senate,
                                                authority rather than to the Technical                  reason, this action:                                  the U.S. House of Representatives, and
                                                Secretary of the Tennessee Air Pollution                   • Is not a significant regulatory action           the Comptroller General of the United
                                                Control Board. EPA has determined that                  subject to review by the Office of                    States prior to publication of the rule in
                                                this amended regulation meets all of the                Management and Budget under                           the Federal Register. A major rule
                                                requirements of CAA section                             Executive Order 12866 (58 FR 51735,                   cannot take effect until 60 days after it
                                                182(a)(3)(B) for the Knoxville and                      October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                                Memphis Areas because it covers the                     January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                                counties within those nonattainment                        • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                                areas and satisfies the applicability,                  collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                                certification, and other emissions                      of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                                statement criteria contained therein.                   U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                                                                                           • Is certified as not having a                     Court of Appeals for the appropriate
                                                III. Final Action                                       significant economic impact on a                      circuit by May 4, 2015. Filing a petition
                                                   EPA is approving Tennessee’s January                 substantial number of small entities                  for reconsideration by the Administrator
                                                5, 2015, SIP revision addressing                        under the Regulatory Flexibility Act (5               of this final rule does not affect the
                                                emissions statement requirements                        U.S.C. 601 et seq.);                                  finality of this action for the purposes of
                                                because the State’s submission meets                       • Does not contain any unfunded                    judicial review nor does it extend the
                                                the requirements of sections 110 and                    mandate or significantly or uniquely                  time within which a petition for judicial
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                                                182 of the CAA. EPA is publishing this                  affect small governments, as described                review may be filed, and shall not
                                                rule without prior proposal because the                 in the Unfunded Mandates Reform Act                   postpone the effectiveness of such rule
                                                                                                        of 1995 (Pub. L. 104–4);                              or action. Parties with objections to this
                                                  1 A state may waive the emission statement
                                                                                                           • Does not have Federalism                         direct final rule are encouraged to file a
                                                requirement for any class or category of stationary
                                                sources which emit less than 25 tons per year of
                                                                                                        implications as specified in Executive                comment in response to the parallel
                                                VOCs or NOX if the state meets the requirements         Order 13132 (64 FR 43255, August 10,                  notice of proposed rulemaking for this
                                                of section 182(a)(3)(B)(ii).                            1999);                                                action published in the proposed rules


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                                                11890                Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations

                                                section of today’s Federal Register,                       recordkeeping requirements, Volatile                         Authority: 42 U.S.C. 7401 et seq.
                                                rather than file an immediate petition                     organic compounds.
                                                for judicial review of this direct final                                                                            Subpart RR—Tennessee
                                                                                                             Dated: February 13, 2015.
                                                rule, so that EPA can withdraw this                        V. Anne Heard,
                                                direct final rule and address the                                                                                   ■  2. In § 52.2220, table 1 in paragraph
                                                                                                           Acting Regional Administrator, Region 4.
                                                comment in the proposed rulemaking.                                                                                 (c) is amended by revising the entry
                                                This action may not be challenged later                      Therefore, 40 CFR part 52 is amended                   ‘‘Section 1200–3–18–.02’’ to read as
                                                in proceedings to enforce its                              as follows:                                              follows:
                                                requirements. See section 307(b)(2).
                                                                                                           PART 52—APPROVAL AND                                     § 52.2220    Identification of plan.
                                                List of Subjects in 40 CFR Part 52
                                                                                                           PROMULGATION OF                                          *       *    *          *     *
                                                  Environmental protection, Air                            IMPLEMENTATION PLANS
                                                pollution control, Incorporation by                                                                                     (c) * * *
                                                reference, Intergovernmental relations,                    ■ 1. The authority citation for part 52
                                                Nitrogen dioxide, Ozone, Reporting and                     continues to read as follows:

                                                                                                TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
                                                                                                                      State
                                                       State citation                    Title/subject               effective        EPA approval date                                   Explanation
                                                                                                                       date


                                                           *                        *                          *                      *                       *                       *                     *

                                                                                                         Chapter 1200–3–18 Volatile Organic Compounds


                                                         *                          *                    *                            *                   *                          *                    *
                                                Section 1200–3–18–.02             General Provisions and             12/18/2014    3/5/2015 [Insert Federal       Adds Knox, Blount, and Anderson County to
                                                                                   Applicability.                                    Register 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.

                                                           *                        *                          *                      *                       *                       *                     *



                                                *      *       *       *      *                            Deterioration (PSD) program to                           www.regulations.gov or in hard copy at
                                                [FR Doc. 2015–04489 Filed 3–4–15; 08:45 am]                incorporate by reference (IBR) certain                   the Air Regulatory Management Section
                                                BILLING CODE 6560–50P                                      Federal PSD regulations. The revision                    (formerly the Regulatory Development
                                                                                                           also removes certain language from the                   Section), Air Planning and
                                                                                                           SIP that is no longer relevant. EPA is                   Implementation Branch (formerly the
                                                ENVIRONMENTAL PROTECTION                                   approving Mississippi’s February 10,                     Air Planning Branch), Air, Pesticides
                                                AGENCY                                                     2012, revision to Mississippi’s SIP                      and Toxics Management Division, U.S.
                                                                                                           because the Agency has determined that                   Environmental Protection Agency,
                                                40 CFR Part 52                                             the changes are consistent with the                      Region 4, 61 Forsyth Street SW.,
                                                [EPA–R04–OAR–2012–0798; FRL 9923–92–                       Clean Air Act (CAA or Act) and EPA’s                     Atlanta, Georgia 30303–8960. EPA
                                                Region 4]                                                  PSD permitting regulations.                              requests that if at all possible, you
                                                                                                           DATES:     This rule is effective April 6,               contact the person listed in the FOR
                                                Approval and Promulgation of                                                                                        FURTHER INFORMATION CONTACT section to
                                                Implementation Plans; Mississippi:                         2015.
                                                                                                                                                                    schedule your inspection. The Regional
                                                New Source Review—Prevention of                            ADDRESSES:    EPA has established a                      Office’s official hours of business are
                                                Significance Deterioration                                 docket for this action under Docket                      Monday through Friday 8:30 a.m. to
                                                AGENCY:  Environmental Protection                          Identification No. EPA–R04–OAR–                          4:30 p.m., excluding Federal holidays.
                                                Agency (EPA).                                              2012–0798. All documents in the docket
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                ACTION: Final rule.                                        are listed on the www.regulations.gov
                                                                                                           Web site. Although listed in the index,                  Tiereny Bell, Air Regulatory and
                                                                                                                                                                    Management Section, Air Planning and
                                                SUMMARY:  The Environmental Protection                     some information is not publicly
                                                                                                                                                                    Implementation Branch, Air, Pesticides
                                                Agency (EPA) is taking final action to                     available, i.e., Confidential Business
                                                                                                                                                                    and Toxics Management Division,
                                                approve revisions to the Mississippi                       Information or other information whose
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                                                                                                                                                                    Region 4, U.S. Environmental Protection
                                                State Implementation Plan (SIP)                            disclosure is restricted by statute.
                                                                                                                                                                    Agency, 61 Forsyth Street SW., Atlanta,
                                                submitted by the State of Mississippi,                     Certain other material, such as
                                                                                                                                                                    Georgia 30303–8960. The telephone
                                                through the Mississippi Department of                      copyrighted material, is not placed on
                                                                                                                                                                    number is (404) 562–9088. Ms. Bell can
                                                Environmental Quality (MDEQ), on                           the Internet and will be publicly
                                                                                                                                                                    also be reached via electronic mail at
                                                February 10, 2012. The SIP revision                        available only in hard copy form.
                                                                                                                                                                    bell.tiereny@epa.gov.
                                                modifies Mississippi’s New Source                          Publicly available docket materials are
                                                Review (NSR) Prevention of Significant                     available either electronically through                  SUPPLEMENTARY INFORMATION:



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Document Created: 2015-12-18 12:08:51
Document Modified: 2015-12-18 12:08:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactJane 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]
FR Citation80 FR 11887 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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