80_FR_56599 80 FR 56418 - Air Plan Approval; TN; Reasonably Available Control Measures and Redesignation for the TN Portion of the Chattanooga 1997 Annual PM2.5

80 FR 56418 - Air Plan Approval; TN; Reasonably Available Control Measures and Redesignation for the TN Portion of the Chattanooga 1997 Annual PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56418-56422
FR Document2015-23382

The Environmental Protection Agency (EPA) is proposing two separate but related actions pertaining to the Tennessee portion of the Chattanooga nonattainment area for the 1997 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS) (hereinafter referred to as the ``Chattanooga TN-GA-AL Area'' or ``Area''). First, EPA is proposing to approve the portion of the attainment plan state implementation plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on October 15, 2009, that addresses reasonably available control measures (RACM), including reasonably available control technology (RACT), for the Tennessee portion of the Area. EPA is not proposing to act on the portions of the SIP revision that are unrelated to RACM. Second, EPA is supplementing the Agency's March 27, 2015, proposed approval of Tennessee's November 13, 2014, redesignation request for the Tennessee portion of the Area by proposing that approval of the RACM portion of the aforementioned SIP revision satisfies the applicable RACM requirements for redesignation under the Clean Air Act (CAA or Act).

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Proposed Rules]
[Pages 56418-56422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23382]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0904; FRL-9934-26-Region 4]


Air Plan Approval; TN; Reasonably Available Control Measures and 
Redesignation for the TN Portion of the Chattanooga 1997 Annual PM2.5 
Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; supplemental.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing two 
separate but related actions pertaining to the Tennessee portion of the 
Chattanooga nonattainment area for the 1997 annual fine particulate 
matter (PM2.5) national ambient air quality standards 
(NAAQS) (hereinafter referred to as the ``Chattanooga TN-GA-AL Area'' 
or ``Area''). First, EPA is proposing to approve the portion of the 
attainment plan state implementation plan (SIP) revision submitted by 
the State of Tennessee, through the Tennessee Department of Environment 
and Conservation (TDEC), on October 15, 2009, that addresses reasonably 
available control measures (RACM), including reasonably available 
control technology (RACT), for the Tennessee portion of the Area. EPA 
is not proposing to act on the portions of the SIP revision that are 
unrelated to RACM. Second, EPA is supplementing the Agency's March 27, 
2015, proposed approval of Tennessee's November 13, 2014, redesignation 
request for the Tennessee portion of the Area by proposing that 
approval of the RACM portion of the aforementioned SIP revision 
satisfies the applicable RACM requirements for redesignation under the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before October 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0904, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2014-0904,'' 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.
    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-
2014-0904. 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.

[[Page 56419]]

    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be 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: Joel Huey, 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. Mr. Huey's phone number is (404) 562-9104. 
He can also be reached via electronic mail at huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\) (based on a 3-year average 
of annual mean PM2.5 concentrations) and a 24-hour standard 
of 65 [mu]g/m\3\ (based on a 3-year average of the 98th percentile of 
24-hour concentrations). See 62 FR 36852. On January 5, 2005, and 
supplemented on April 14, 2005, EPA designated Hamilton County in 
Tennessee, in association with counties in Alabama and Georgia in the 
Chattanooga TN-GA-AL Area, as nonattainment for the 1997 Annual 
PM2.5 NAAQS. See 70 FR 944 and 70 FR 19844, respectively. 
Designation of an area as nonattainment for PM2.5 starts the 
process for a state to develop and submit to EPA an attainment plan SIP 
revision under title I, part D of the CAA. This SIP revision must 
include, among other elements, a demonstration of how the NAAQS will be 
attained in the nonattainment area as expeditiously as practicable, but 
no later than the attainment date required by the CAA.
    EPA designated all 1997 PM2.5 NAAQS areas under title I, 
part D, subpart 1 (hereinafter ``Subpart 1''). Subpart 1 contains the 
general requirements for nonattainment areas for criteria pollutants 
and is less prescriptive than the other subparts of title I, part D. On 
April 25, 2007, EPA promulgated a rule, codified at 40 CFR part 51, 
subpart Z, to implement the 1997 PM2.5 NAAQS under Subpart 1 
(hereinafter referred to as the ``1997 PM2.5 Implementation 
Rule'').\1\ See 72 FR 20586. On October 15, 2009, Tennessee submitted 
an attainment plan SIP revision pursuant to Subpart 1 and the 1997 
PM2.5 Implementation Rule that addressed RACM and contained 
a reasonable further progress (RFP) plan, base-year and attainment-year 
emissions inventories, and contingency measures for the Area.
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    \1\ On January 4, 2013, in Natural Resources Defense Council v. 
EPA, 706 F.3d 428 (D.C. Cir. 2013), the United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) found 
that EPA erred in implementing the 1997 PM2.5 NAAQS 
pursuant solely to the general implementation provisions of Subpart 
1 rather than the particulate matter-specific provisions of title I, 
part D, subpart 4. The court remanded both the 1997 PM2.5 
Implementation Rule and the final rule entitled ``Implementation of 
the New Source Review (NSR) Program for Particulate Matter Less than 
2.5 Micrometers (PM2.5)'' (73 FR 28321, May 16, 2008) to 
EPA to address this error.
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    On May 31, 2011 (76 FR 31239), EPA published a final determination 
that the Chattanooga TN-GA-AL Area had attained the 1997 Annual 
PM2.5 NAAQS based upon quality-assured and certified ambient 
air monitoring data for the 2007-2009 time period. In that 
determination and in accordance with the 1997 PM2.5 
Implementation Rule at 40 CFR 51.1004(c), EPA suspended the 
requirements for the Chattanooga TN-GA-AL Area to submit attainment 
demonstrations and associated RACM, RFP plans, contingency measures, 
and other planning SIPs related to attainment of the 1997 Annual 
PM2.5 NAAQS, so long as the Area continues to attain the 
1997 Annual PM2.5 NAAQS. See 40 CFR 52.2231(c); 76 FR 31239.
    Tennessee submitted a request to EPA on November 13, 2014, to 
redesignate the State's portion of the Chattanooga TN-GA-AL Area to 
attainment for the 1997 Annual PM2.5 NAAQS and to approve a 
SIP revision containing a maintenance plan for the Tennessee portion of 
the Area. EPA proposed to approve the redesignation request and the 
related SIP revision in an action signed on March 11, 2015, based, in 
part, on the Agency's longstanding interpretation that Subpart 1 
nonattainment planning requirements, including RACM, are not 
``applicable'' for purposes of CAA section 107(d)(3)(E)(ii) once an 
area is attaining the NAAQS and, therefore, need not be approved into 
the SIP before EPA can redesignate the area. See 80 FR 16331 (March 27, 
2015).
    On March 18, 2015, the United States Court of Appeals for the Sixth 
Circuit (Sixth Circuit) issued an opinion in Sierra Club v. EPA, 781 
F.3d 299 (6th Cir. 2015), that is inconsistent with this longstanding 
interpretation regarding section 107(d)(3)(E)(ii). In its decision, the 
Court vacated EPA's redesignation of the Indiana and Ohio portions of 
the Cincinnati-Hamilton nonattainment area to attainment for the 1997 
PM2.5 NAAQS because EPA had not yet approved Subpart 1 RACM 
for the Cincinnati Area into the Indiana and Ohio SIPs.\2\ The Court 
concluded that ``a State seeking redesignation `shall provide for the 
implementation' of RACM/RACT, even if those measures are not strictly 
necessary to demonstrate attainment with the PM2.5 NAAQS . . 
. . If a State has not done so, EPA cannot `fully approve[]' the area's 
SIP, and redesignation to attainment status is improper.'' Sierra Club, 
781 F.3d at 313.
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    \2\ The Court issued an amended decision on July 14, 2015, 
revising some of the legal aspects of the Court's analysis of the 
relevant statutory provisions (section 107(d)(3)(E)(ii) and section 
172(c)(1)) but maintaining its prior holding that section 172(c)(1) 
``unambiguously requires implementation of RACM/RACT prior to 
redesignation . . . even if those measures are not strictly 
necessary to demonstrate attainment with the PM2.5 
NAAQS.'' See Sierra Club v. EPA, Nos. 12-3169, 12-3182, 12-3420 (6th 
Cir. July 14, 2015).
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II. What are EPA's proposed actions?

    EPA is bound by the Sixth Circuit's decision in Sierra Club v. EPA 
within the Court's jurisdiction unless it is overturned.\3\ Although 
EPA continues to believe that Subpart 1 RACM is not an applicable 
requirement under section 107(d)(3)(E) for an area that has already 
attained the 1997 Annual PM2.5 NAAQS, EPA is proposing two 
separate but related actions regarding the Tennessee portion of the 
Chattanooga

[[Page 56420]]

TN-GA-AL Area in response to the Court's decision.4 5
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    \3\ The states of Kentucky, Michigan, Ohio, and Tennessee are 
located within the Sixth Circuit's jurisdiction.
    \4\ Pursuant to 40 CFR 56.5(b), the EPA Region 4 Regional 
Administrator signed a memorandum on July 20, 2015, seeking 
concurrence from the Director of EPA's Air Quality Policy Division 
(AQPD) in the Office of Air Quality Planning and Standards to act 
inconsistent with EPA's interpretation of CAA sections 107(d)(3)(E) 
and 172(c)(1) when taking action on pending and future redesignation 
requests in Kentucky and Tennessee because the Region is bound by 
the Sixth Circuit's decision in Sierra Club v. EPA. The AQPD 
Director issued her concurrence on July 22, 2015. The July 20, 2015, 
memorandum with AQPD concurrence is located in the docket for 
today's proposed actions.
    \5\ On September 3, 2015, the Sixth Circuit denied the petitions 
for rehearing en banc of this portion of its opinion that were filed 
by EPA, the state of Ohio, and industry groups from Ohio. Sierra 
Club v. EPA, Nos. 12-3169, 12-3182, 12-3420, Doc. 136-1 (6th Cir. 
Sept. 3, 2015).
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    First, EPA is proposing to approve the portion of the State's 
October 15, 2009, attainment plan SIP revision that addresses RACM 
under Subpart 1 for the Tennessee portion of the Area. Second, EPA is 
supplementing the Agency's proposed approval of Tennessee's November 
13, 2014, redesignation request for the Area by proposing that approval 
of the RACM portion of the aforementioned SIP revision satisfies the 
Subpart 1 RACM requirement in accordance with section 107(d)(3)(E) of 
the CAA. More detail on EPA's rationale for these proposed actions is 
provided below.

III. What is EPA's analysis of the state's RACM submittal?

a. Subpart 1 RACM Requirements

    Subpart 1 requires that each attainment plan ``provide for the 
implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from the existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology), 
and shall provide for attainment of the national primary ambient air 
quality standards.'' See CAA section 172(c)(1). EPA interprets RACM, 
including RACT, under section 172(c)(1) as measures that are both 
reasonably available and necessary to demonstrate attainment as 
expeditiously as practicable in the nonattainment area. See 40 CFR 
51.1010(a).\6\ A state must adopt, as RACM, measures that are 
reasonably available considering technical and economic feasibility if, 
considered collectively, they would advance the attainment date by one 
year or more. See 40 CFR 51.1010(b).
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    \6\ Subpart 1 RACM requirements at 40 CFR 51.1010 were not at 
issue in the D.C. Circuit's remand of the PM2.5 
implementation rule in the January 2013 Natural Resources Defense 
Council v. EPA decision and are therefore not subject to the Court's 
remand. Cf. NRDC v. EPA, 571 F.3d 1245, 1252-53 (D.C. Cir. 2009) 
(upholding a substantially similar interpretation of Subpart 1 RACM 
in the context of ozone implementation regulations).
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    The PM2.5 Implementation Rule requires that the Subpart 
1 RACM portion of the attainment plan SIP revision include the list of 
potential measures that a state considered and information sufficient 
to show that the state met all requirements for the determination of 
what constitutes RACM in a specific nonattainment area. See 40 CFR 
51.1010(a). Any measures that are necessary to meet these requirements 
which are not already either federally promulgated, part of the state's 
implementation plan, or otherwise creditable in SIPs must be submitted 
in enforceable form as part of a state's attainment plan SIP revision 
for the area. As discussed above, an attainment determination suspends 
the requirement for a PM2.5 nonattainment area to submit an 
attainment plan SIP revision so long as the area continues to attain 
the PM2.5 NAAQS. See 40 CFR 51.1004(c).

b. Proposed Action on RACM Based Upon Attainment of the NAAQS

    EPA is proposing to approve the portion of Tennessee's October 15, 
2009, attainment plan SIP revision that addresses Subpart 1 RACM for 
the State's portion of the Area on the basis that the Area has attained 
the 1997 Annual PM2.5 NAAQS and, therefore, no emission 
reduction measures are necessary to satisfy Subpart 1 RACM. As noted 
above, EPA has determined that the Area has attaining data for the 1997 
Annual PM2.5 NAAQS and met the standard by the April 5, 
2010, attainment date. See 77 FR 31239. Because the Area has attained 
the standard, there are no emissions controls that could advance the 
attainment date; thus, no emissions controls are necessary to satisfy 
Subpart 1 RACM pursuant to 40 CFR 51.1010 (defining RACM as the level 
of control necessary to advance the attainment date by one year or 
more).

c. Proposed Action on RACM Based Upon the State's Control Evaluation

    Additionally, the portion of Tennessee's October 15, 2009, 
attainment plan SIP revision that addresses Subpart 1 RACM for the 
State's portion of the Area is approvable on the basis that the SIP 
revision demonstrates that no additional reasonably available controls 
would have advanced the attainment date projected therein.
    Through participation in the regional planning efforts of the 
Visibility Improvement States and Tribal Association of the Southeast 
(VISTAS) and the Association for Southeastern Integrated Planning 
(ASIP), Tennessee determined that existing measures and measures 
planned for implementation by 2009 would result in the Chattanooga TN-
GA-AL Area attaining the 1997 PM2.5 NAAQS by the end of 
2009. Air quality modeling conducted by ASIP indicated that the Area 
would attain the annual NAAQS in 2009 based upon projected emissions 
reductions from sources within the Area after 2002 (the base year of 
the nonattainment emissions inventory). As discussed in Chapter 2.0 of 
the October 15, 2009, SIP revision, the State, in consultation with 
VISTAS and ASIP, considered the following existing federally 
enforceable measures in projecting the emissions inventory used for the 
2009 modeling: Tier 2 vehicle standards; heavy-duty gasoline and diesel 
highway vehicle standards; large nonroad diesel engine standards; 
nonroad spark-ignition engines and recreational engines standards; 
NOX SIP call; and the Clean Air Interstate Rule.
    In Tennessee's RACM analysis, which appears in chapter 4.0 of the 
October 15, 2009, SIP revision, the State discusses its evaluation of 
sources of PM2.5 and its precursors within the Tennessee 
portion of the Area and its determination that these sources were 
meeting Subpart 1 RACM levels of emissions control. As discussed above, 
a State must show that all Subpart 1 RACM (including RACT for 
stationary sources) necessary to demonstrate attainment as 
expeditiously as practicable have been adopted and must consider the 
cumulative impact of implementing available measures to determine 
whether a particular emission reduction measure or set of measures is 
required to be adopted as RACM. Potential measures that are reasonably 
available considering technical and economic feasibility must be 
adopted as RACM if, considered collectively, they would advance the 
attainment date by one year or more. Because the attainment 
demonstration in Tennessee's attainment plan SIP revision showed 
attainment of the 1997 PM2.5 NAAQS in the Chattanooga TN-GA-
AL Area by the end of 2009, only measures that would advance the 
attainment date to the end of 2008 would be considered as Subpart 1 
RACM.\7\
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    \7\ As noted in the preamble to the PM2.5 
Implementation Rule, if a ``State could not achieve significant 
emissions reductions by the beginning of 2008 due to time needed to 
implement reasonable measures or other factors, then it could be 
concluded that reasonably available local measures would not advance 
the attainment date.'' See 72 FR 20617.

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[[Page 56421]]

    Based on the emissions inventory and other information, the State 
identified the categories of sources that should be evaluated for 
controls. These categories include permitted stationary sources; 
gasoline dispensing facilities; on-road mobile sources; non-road and 
stationary internal combustion engines; open burning; and home heating 
with wood.
    With regard to permitted stationary sources, Tennessee noted that 
conservative sensitivity modeling, conducted by the Georgia Institute 
of Technology, showed that completely eliminating emissions of 
PM2.5, nitrogen oxides, and sulfur dioxide from non-utility 
point sources in the Tennessee portion of the Area would result in only 
small reductions in PM2.5 concentrations (0.06 [mu]g/m\3\ to 
0.25 [mu]g/m\3\). Nevertheless, Tennessee performed a detailed analysis 
of each major source operating in the State's portion of the Area and 
determined that RACT levels of emission control were already in 
place.\8\ This analysis, and the results of sensitivity modeling, 
indicated that no additional reductions were available from local 
permitted stationary sources that would result in attainment in 2008 
rather than 2009. For gasoline dispensing facilities, Tennessee deemed 
the use of Stage 1 vapor recovery to be the RACT level of emissions 
control. Tennessee stated that the existing federally-approved 
inspection and maintenance program constitutes RACM for on-road mobile 
sources and that non-road mobile sources and stationary internal 
combustion engines are regulated by Federal rules. Regarding open 
burning, Chattanooga's federally-approved local implementation plan 
requires open burning permits, bans open burning from May 1 through 
September 30, and prohibits the burning of brush cleared for road 
building and trash in the Tennessee portion of the Area. The State also 
determined that only 712 households (0.6 percent of the total 
households in the Tennessee portion of the Area) were heating primarily 
with wood and that accelerated replacement of older wood burning stoves 
would not advance the attainment date given the ``small portion of 
households using wood hearing, the mild local climate, and the normal 
purchases of Subpart AAA compliant wood burning stoves in the 
nonattainment area.''
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    \8\ See Appendix 12 of the SIP submittal for a detailed 
discussion of the State's analysis.
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    Through this evaluation, Tennessee determined that, for each 
category of potential measures, there were either no additional 
emission reductions that could be achieved or no emission reduction 
measures that could be practicably implemented in time to advance 
attainment to the end of 2008. EPA has reviewed the RACM portion of 
Tennessee's October 15, 2009, attainment plan SIP revision and agrees 
with the State's conclusion that no additional emissions reductions 
were available from local sources that would have advanced the 
projected 2009 attainment date.

IV. Why is EPA supplementing its proposed redesignation of the area?

    EPA's March 11, 2015, proposal to approve Tennessee's redesignation 
request for the Tennessee portion of the Area was based, in part, on 
the Agency's longstanding interpretation that Subpart 1 RACM need not 
be approved into a SIP before redesignation to attainment if the 
subject area is attaining the NAAQS. See 80 FR 16331. Although EPA 
disagrees with the portion of the Sixth Circuit's opinion in Sierra 
Club v. EPA that is inconsistent with this interpretation, the Agency 
is bound by this decision within the Court's jurisdiction unless it is 
overturned and must first approve Subpart 1 RACM into Tennessee's SIP 
before it can redesignate the Chattanooga TN-GA-AL Area to attainment. 
Therefore, EPA is supplementing its redesignation proposal to now rely 
on approval of the RACM portion of the State's October 15, 2009, 
attainment plan SIP revision.

V. Proposed Actions

    EPA has reviewed the RACM portion of Tennessee's October 15, 2009, 
attainment plan SIP revision and proposes to approve it on the basis 
that it is consistent with the CAA, the CAA's implementing regulations, 
and EPA guidance for attainment demonstration submittals. EPA is also 
supplementing its March 27, 2015, proposed approval of the State's 
November 13, 2014, redesignation request for the Tennessee portion of 
the Chattanooga TN-GA-AL Area by proposing that approval of the RACM 
portion of the aforementioned SIP revision satisfies the Subpart 1 RACM 
requirement in accordance with section 107(d)(3)(E) of the CAA. Today's 
proposed actions are focused solely on addressing the Sixth Circuit's 
decision in Sierra Club v. EPA and do not reopen any other aspect of 
the March 27, 2015, proposal for comment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations,

[[Page 56422]]

Nitrogen dioxide, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-23382 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P



                                                56418                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                Using supplied air from the surface                     those not participating in the public                    2. Email: R4-ARMS@epa.gov.
                                                versus using air from cylinders stored                  meeting, through November 16, 2015.                      3. Fax: (404) 562–9019.
                                                underground; or delivering surface-                     Joseph A. Main,
                                                                                                                                                                 4. Mail: ‘‘EPA–R04–OAR–2014–
                                                supplied air through a borehole directly                                                                      0904,’’ Air Regulatory Management
                                                                                                        Assistant Secretary of Labor for Mine Safety
                                                into a built-in-place refuge versus                     and Health.
                                                                                                                                                              Section, Air Planning and
                                                compressed air lines run through the                                                                          Implementation Branch, Air, Pesticides
                                                                                                        [FR Doc. 2015–23448 Filed 9–17–15; 8:45 am]
                                                mine.                                                                                                         and Toxics Management Division, U.S.
                                                                                                        BILLING CODE 4510–43–P
                                                                                                                                                              Environmental Protection Agency,
                                                   3. Discuss options for piping air over
                                                                                                                                                              Region 4, 61 Forsyth Street SW.,
                                                several miles through a mine to provide
                                                                                                                                                              Atlanta, Georgia 30303–8960.
                                                a clean air supply and sufficient air                   ENVIRONMENTAL PROTECTION                                 5. Hand Delivery or Courier: Lynorae
                                                pressure to a built-in-place refuge when                AGENCY                                                Benjamin, Chief, Air Regulatory
                                                a borehole directly into the refuge is
                                                                                                        40 CFR Part 52                                        Management Section, Air Planning and
                                                unavailable. What issues remain to be                                                                         Implementation Branch, Air, Pesticides
                                                addressed for the protection of piping                  [EPA–R04–OAR–2014–0904; FRL–9934–26–                  and Toxics Management Division, U.S.
                                                used to provide compressed air to a                     Region 4]                                             Environmental Protection Agency,
                                                refuge?                                                                                                       Region 4, 61 Forsyth Street SW.,
                                                   4. What are the risks and benefits to                Air Plan Approval; TN; Reasonably                     Atlanta, Georgia 30303–8960. Such
                                                miners’ safety, if any, if a constant air               Available Control Measures and                        deliveries are only accepted during the
                                                                                                        Redesignation for the TN Portion of the               Regional Office’s normal hours of
                                                supply from the surface is provided to
                                                                                                        Chattanooga 1997 Annual PM2.5                         operation. The Regional Office’s official
                                                a refuge and exhausted from the refuge
                                                                                                        Nonattainment Area                                    hours of business are Monday through
                                                into the mine, as opposed to exhausting
                                                to the surface?                                         AGENCY:  Environmental Protection                     Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                                                                        Agency.                                               Federal holidays.
                                                   5. What are the advantages and
                                                disadvantages of using SCBAs with                       ACTION: Proposed rule; supplemental.                     Instructions: Direct your comments to
                                                                                                                                                              Docket ID No. EPA–R04–OAR–2014–
                                                refill stations as compared to using                    SUMMARY:    The Environmental Protection              0904. EPA’s policy is that all comments
                                                SCSRs with caches in escapeways?                        Agency (EPA) is proposing two separate                received will be included in the public
                                                   6. Discuss and describe new and                      but related actions pertaining to the                 docket without change and may be
                                                improved technology for built-in-place                  Tennessee portion of the Chattanooga                  made available online at
                                                refuges’ designs. What is the impact of                 nonattainment area for the 1997 annual                www.regulations.gov, including any
                                                these designs on the cost of built-in-                  fine particulate matter (PM2.5) national              personal information provided, unless
                                                place refuges? For example, would a                     ambient air quality standards (NAAQS)                 the comment includes information
                                                moveable wall or other modular design                   (hereinafter referred to as the                       claimed to be Confidential Business
                                                make the use of a built-in-place refuge                 ‘‘Chattanooga TN–GA–AL Area’’ or                      Information (CBI) or other information
                                                more feasible and economical?                           ‘‘Area’’). First, EPA is proposing to                 whose disclosure is restricted by statute.
                                                                                                        approve the portion of the attainment                 Do not submit through
                                                B. Miners’ Ability To Communicate                       plan state implementation plan (SIP)                  www.regulations.gov or email,
                                                During Escape                                           revision submitted by the State of                    information that you consider to be CBI
                                                                                                        Tennessee, through the Tennessee                      or otherwise protected. The
                                                   Miners’ ability to communicate with
                                                                                                        Department of Environment and                         www.regulations.gov Web site is an
                                                each other can be critical during mine                  Conservation (TDEC), on October 15,
                                                emergencies. Under existing rules,                                                                            ‘‘anonymous access’’ system, which
                                                                                                        2009, that addresses reasonably                       means EPA will not know your identity
                                                miners use self-contained self-rescue                   available control measures (RACM),                    or contact information unless you
                                                (SCSR) escape respirators that have a                   including reasonably available control                provide it in the body of your comment.
                                                mouthpiece. A self-contained breathing                  technology (RACT), for the Tennessee                  If you send an email comment directly
                                                apparatus (SCBA) has a full-face                        portion of the Area. EPA is not                       to EPA without going through
                                                respirator mask. Miners must remove                     proposing to act on the portions of the               www.regulations.gov, your email
                                                the mouthpiece of an SCSR to speak, or                  SIP revision that are unrelated to                    address will be automatically captured
                                                remove the full-face respirator mask of                 RACM. Second, EPA is supplementing                    and included as part of the comment
                                                an SCBA to communicate clearly. These                   the Agency’s March 27, 2015, proposed                 that is placed in the public docket and
                                                actions expose miners to deadly gases in                approval of Tennessee’s November 13,                  made available on the Internet. If you
                                                the mine atmosphere.                                    2014, redesignation request for the                   submit an electronic comment, EPA
                                                   7. Discuss the challenges associated                 Tennessee portion of the Area by                      recommends that you include your
                                                with providing two-way communication                    proposing that approval of the RACM                   name and other contact information in
                                                when using escape SCBAs or SCSRs.                       portion of the aforementioned SIP                     the body of your comment and with any
                                                What technologies, such as voice                        revision satisfies the applicable RACM                disk or CD–ROM you submit. If EPA
                                                amplifiers or wireless communication                    requirements for redesignation under                  cannot read your comment due to
                                                systems, are available for escape SCBAs                 the Clean Air Act (CAA or Act).                       technical difficulties and cannot contact
                                                or SCSRs that can enhance voice                         DATES: Comments must be received on                   you for clarification, EPA may not be
                                                                                                        or before October 9, 2015.
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                                                communication among miners?                                                                                   able to consider your comment.
                                                                                                        ADDRESSES: Submit your comments,                      Electronic files should avoid the use of
                                                   8. Discuss how this technology can be                                                                      special characters, any form of
                                                                                                        identified by Docket ID No. EPA–R04–
                                                integrated with a mine’s two-way post-                                                                        encryption, and be free of any defects or
                                                                                                        OAR–2014–0904, by one of the
                                                accident communication system.                                                                                viruses. For additional information
                                                                                                        following methods:
                                                   MSHA will accept written responses,                     1. www.regulations.gov: Follow the                 about EPA’s public docket visit the EPA
                                                data, and information for the record                    on-line instructions for submitting                   Docket Center homepage at http://
                                                from any interested party, including                    comments.                                             www.epa.gov/epahome/dockets.htm.


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                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                                     56419

                                                   Docket: All documents in the                         nonattainment area as expeditiously as                   portion of the Area. EPA proposed to
                                                electronic docket are listed in the                     practicable, but no later than the                       approve the redesignation request and
                                                www.regulations.gov index. Although                     attainment date required by the CAA.                     the related SIP revision in an action
                                                listed in the index, some information                      EPA designated all 1997 PM2.5                         signed on March 11, 2015, based, in
                                                may not be publicly available, i.e., CBI                NAAQS areas under title I, part D,                       part, on the Agency’s longstanding
                                                or other information whose disclosure is                subpart 1 (hereinafter ‘‘Subpart 1’’).                   interpretation that Subpart 1
                                                restricted by statute. Certain other                    Subpart 1 contains the general                           nonattainment planning requirements,
                                                material, such as copyrighted material,                 requirements for nonattainment areas                     including RACM, are not ‘‘applicable’’
                                                is not placed on the Internet and will be               for criteria pollutants and is less                      for purposes of CAA section
                                                publicly available only in hard copy                    prescriptive than the other subparts of                  107(d)(3)(E)(ii) once an area is attaining
                                                form. Publicly available docket                         title I, part D. On April 25, 2007, EPA                  the NAAQS and, therefore, need not be
                                                materials are available either                          promulgated a rule, codified at 40 CFR                   approved into the SIP before EPA can
                                                electronically in www.regulations.gov or                part 51, subpart Z, to implement the                     redesignate the area. See 80 FR 16331
                                                in hard copy at the Air Regulatory                      1997 PM2.5 NAAQS under Subpart 1                         (March 27, 2015).
                                                Management Section, Air Planning and                    (hereinafter referred to as the ‘‘1997
                                                Implementation Branch, Air, Pesticides                                                                              On March 18, 2015, the United States
                                                                                                        PM2.5 Implementation Rule’’).1 See 72 FR
                                                and Toxics Management Division, U.S.                                                                             Court of Appeals for the Sixth Circuit
                                                                                                        20586. On October 15, 2009, Tennessee
                                                Environmental Protection Agency,                                                                                 (Sixth Circuit) issued an opinion in
                                                                                                        submitted an attainment plan SIP
                                                Region 4, 61 Forsyth Street SW.,                                                                                 Sierra Club v. EPA, 781 F.3d 299 (6th
                                                                                                        revision pursuant to Subpart 1 and the
                                                Atlanta, Georgia 30303–8960. EPA                                                                                 Cir. 2015), that is inconsistent with this
                                                                                                        1997 PM2.5 Implementation Rule that
                                                requests that if at all possible, you                                                                            longstanding interpretation regarding
                                                                                                        addressed RACM and contained a
                                                contact the person listed in the FOR                                                                             section 107(d)(3)(E)(ii). In its decision,
                                                                                                        reasonable further progress (RFP) plan,
                                                FURTHER INFORMATION CONTACT section to                                                                           the Court vacated EPA’s redesignation
                                                                                                        base-year and attainment-year emissions
                                                schedule your inspection. The Regional                                                                           of the Indiana and Ohio portions of the
                                                                                                        inventories, and contingency measures
                                                Office’s official hours of business are                                                                          Cincinnati-Hamilton nonattainment area
                                                                                                        for the Area.
                                                Monday through Friday, 8:30 a.m. to                                                                              to attainment for the 1997 PM2.5 NAAQS
                                                                                                           On May 31, 2011 (76 FR 31239), EPA
                                                4:30 p.m., excluding Federal holidays.                                                                           because EPA had not yet approved
                                                                                                        published a final determination that the
                                                FOR FURTHER INFORMATION CONTACT: Joel
                                                                                                                                                                 Subpart 1 RACM for the Cincinnati Area
                                                                                                        Chattanooga TN-GA-AL Area had
                                                Huey, Air Planning and Implementation                                                                            into the Indiana and Ohio SIPs.2 The
                                                                                                        attained the 1997 Annual PM2.5 NAAQS
                                                Branch, Air, Pesticides and Toxics                                                                               Court concluded that ‘‘a State seeking
                                                                                                        based upon quality-assured and                           redesignation ‘shall provide for the
                                                Management Division, U.S.                               certified ambient air monitoring data for
                                                Environmental Protection Agency,                                                                                 implementation’ of RACM/RACT, even
                                                                                                        the 2007–2009 time period. In that                       if those measures are not strictly
                                                Region 4, 61 Forsyth Street SW.,                        determination and in accordance with
                                                Atlanta, Georgia 30303–8960. Mr.                                                                                 necessary to demonstrate attainment
                                                                                                        the 1997 PM2.5 Implementation Rule at                    with the PM2.5 NAAQS . . . . If a State
                                                Huey’s phone number is (404) 562–                       40 CFR 51.1004(c), EPA suspended the
                                                9104. He can also be reached via                                                                                 has not done so, EPA cannot ‘fully
                                                                                                        requirements for the Chattanooga TN-                     approve[]’ the area’s SIP, and
                                                electronic mail at huey.joel@epa.gov.                   GA-AL Area to submit attainment                          redesignation to attainment status is
                                                SUPPLEMENTARY INFORMATION:                              demonstrations and associated RACM,                      improper.’’ Sierra Club, 781 F.3d at 313.
                                                I. Background                                           RFP plans, contingency measures, and
                                                                                                        other planning SIPs related to                           II. What are EPA’s proposed actions?
                                                   On July 18, 1997, EPA promulgated                    attainment of the 1997 Annual PM2.5
                                                the first air quality standards for PM2.5.              NAAQS, so long as the Area continues                        EPA is bound by the Sixth Circuit’s
                                                EPA promulgated an annual standard at                   to attain the 1997 Annual PM2.5                          decision in Sierra Club v. EPA within
                                                a level of 15 micrograms per cubic meter                NAAQS. See 40 CFR 52.2231(c); 76 FR                      the Court’s jurisdiction unless it is
                                                (mg/m3) (based on a 3-year average of                   31239.                                                   overturned.3 Although EPA continues to
                                                annual mean PM2.5 concentrations) and                      Tennessee submitted a request to EPA                  believe that Subpart 1 RACM is not an
                                                a 24-hour standard of 65 mg/m3 (based                   on November 13, 2014, to redesignate                     applicable requirement under section
                                                on a 3-year average of the 98th                         the State’s portion of the Chattanooga                   107(d)(3)(E) for an area that has already
                                                percentile of 24-hour concentrations).                  TN-GA-AL Area to attainment for the                      attained the 1997 Annual PM2.5
                                                See 62 FR 36852. On January 5, 2005,                    1997 Annual PM2.5 NAAQS and to                           NAAQS, EPA is proposing two separate
                                                and supplemented on April 14, 2005,                     approve a SIP revision containing a                      but related actions regarding the
                                                EPA designated Hamilton County in                       maintenance plan for the Tennessee                       Tennessee portion of the Chattanooga
                                                Tennessee, in association with counties
                                                in Alabama and Georgia in the                             1 On  January 4, 2013, in Natural Resources
                                                                                                                                                                    2 The Court issued an amended decision on July

                                                Chattanooga TN-GA-AL Area, as                           Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.          14, 2015, revising some of the legal aspects of the
                                                nonattainment for the 1997 Annual                       2013), the United States Court of Appeals for the        Court’s analysis of the relevant statutory provisions
                                                                                                        District of Columbia Circuit (D.C. Circuit) found        (section 107(d)(3)(E)(ii) and section 172(c)(1)) but
                                                PM2.5 NAAQS. See 70 FR 944 and 70 FR                                                                             maintaining its prior holding that section 172(c)(1)
                                                                                                        that EPA erred in implementing the 1997 PM2.5
                                                19844, respectively. Designation of an                  NAAQS pursuant solely to the general                     ‘‘unambiguously requires implementation of
                                                area as nonattainment for PM2.5 starts                  implementation provisions of Subpart 1 rather than       RACM/RACT prior to redesignation . . . even if
                                                the process for a state to develop and                  the particulate matter-specific provisions of title I,   those measures are not strictly necessary to
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                                                submit to EPA an attainment plan SIP                    part D, subpart 4. The court remanded both the           demonstrate attainment with the PM2.5 NAAQS.’’
                                                                                                        1997 PM2.5 Implementation Rule and the final rule        See Sierra Club v. EPA, Nos. 12–3169, 12–3182, 12–
                                                revision under title I, part D of the CAA.                                                                       3420 (6th Cir. July 14, 2015).
                                                                                                        entitled ‘‘Implementation of the New Source
                                                This SIP revision must include, among                   Review (NSR) Program for Particulate Matter Less            3 The states of Kentucky, Michigan, Ohio, and
                                                other elements, a demonstration of how                  than 2.5 Micrometers (PM2.5)’’ (73 FR 28321, May         Tennessee are located within the Sixth Circuit’s
                                                the NAAQS will be attained in the                       16, 2008) to EPA to address this error.                  jurisdiction.




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                                                56420                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                TN-GA-AL Area in response to the                        considered collectively, they would                   Association of the Southeast (VISTAS)
                                                Court’s decision.4 5                                    advance the attainment date by one year               and the Association for Southeastern
                                                   First, EPA is proposing to approve the               or more. See 40 CFR 51.1010(b).                       Integrated Planning (ASIP), Tennessee
                                                portion of the State’s October 15, 2009,                   The PM2.5 Implementation Rule                      determined that existing measures and
                                                attainment plan SIP revision that                       requires that the Subpart 1 RACM                      measures planned for implementation
                                                addresses RACM under Subpart 1 for                      portion of the attainment plan SIP                    by 2009 would result in the Chattanooga
                                                the Tennessee portion of the Area.                      revision include the list of potential                TN-GA-AL Area attaining the 1997
                                                Second, EPA is supplementing the                        measures that a state considered and                  PM2.5 NAAQS by the end of 2009. Air
                                                Agency’s proposed approval of                           information sufficient to show that the               quality modeling conducted by ASIP
                                                Tennessee’s November 13, 2014,                          state met all requirements for the                    indicated that the Area would attain the
                                                redesignation request for the Area by                   determination of what constitutes                     annual NAAQS in 2009 based upon
                                                proposing that approval of the RACM                     RACM in a specific nonattainment area.                projected emissions reductions from
                                                portion of the aforementioned SIP                       See 40 CFR 51.1010(a). Any measures                   sources within the Area after 2002 (the
                                                revision satisfies the Subpart 1 RACM                   that are necessary to meet these                      base year of the nonattainment
                                                requirement in accordance with section                  requirements which are not already                    emissions inventory). As discussed in
                                                107(d)(3)(E) of the CAA. More detail on                 either federally promulgated, part of the             Chapter 2.0 of the October 15, 2009, SIP
                                                EPA’s rationale for these proposed                      state’s implementation plan, or                       revision, the State, in consultation with
                                                actions is provided below.                              otherwise creditable in SIPs must be                  VISTAS and ASIP, considered the
                                                                                                        submitted in enforceable form as part of              following existing federally enforceable
                                                III. What is EPA’s analysis of the state’s
                                                                                                        a state’s attainment plan SIP revision for            measures in projecting the emissions
                                                RACM submittal?
                                                                                                        the area. As discussed above, an                      inventory used for the 2009 modeling:
                                                a. Subpart 1 RACM Requirements                          attainment determination suspends the                 Tier 2 vehicle standards; heavy-duty
                                                   Subpart 1 requires that each                         requirement for a PM2.5 nonattainment                 gasoline and diesel highway vehicle
                                                attainment plan ‘‘provide for the                       area to submit an attainment plan SIP                 standards; large nonroad diesel engine
                                                implementation of all reasonably                        revision so long as the area continues to             standards; nonroad spark-ignition
                                                available control measures as                           attain the PM2.5 NAAQS. See 40 CFR                    engines and recreational engines
                                                expeditiously as practicable (including                 51.1004(c).                                           standards; NOX SIP call; and the Clean
                                                such reductions in emissions from the                   b. Proposed Action on RACM Based                      Air Interstate Rule.
                                                existing sources in the area as may be                                                                           In Tennessee’s RACM analysis, which
                                                                                                        Upon Attainment of the NAAQS
                                                obtained through the adoption, at a                                                                           appears in chapter 4.0 of the October 15,
                                                                                                           EPA is proposing to approve the                    2009, SIP revision, the State discusses
                                                minimum, of reasonably available
                                                                                                        portion of Tennessee’s October 15, 2009,              its evaluation of sources of PM2.5 and its
                                                control technology), and shall provide
                                                for attainment of the national primary                  attainment plan SIP revision that                     precursors within the Tennessee portion
                                                ambient air quality standards.’’ See CAA                addresses Subpart 1 RACM for the                      of the Area and its determination that
                                                section 172(c)(1). EPA interprets RACM,                 State’s portion of the Area on the basis              these sources were meeting Subpart 1
                                                including RACT, under section 172(c)(1)                 that the Area has attained the 1997                   RACM levels of emissions control. As
                                                as measures that are both reasonably                    Annual PM2.5 NAAQS and, therefore, no                 discussed above, a State must show that
                                                available and necessary to demonstrate                  emission reduction measures are                       all Subpart 1 RACM (including RACT
                                                attainment as expeditiously as                          necessary to satisfy Subpart 1 RACM. As               for stationary sources) necessary to
                                                practicable in the nonattainment area.                  noted above, EPA has determined that                  demonstrate attainment as expeditiously
                                                See 40 CFR 51.1010(a).6 A state must                    the Area has attaining data for the 1997              as practicable have been adopted and
                                                adopt, as RACM, measures that are                       Annual PM2.5 NAAQS and met the                        must consider the cumulative impact of
                                                reasonably available considering                        standard by the April 5, 2010,                        implementing available measures to
                                                technical and economic feasibility if,                  attainment date. See 77 FR 31239.                     determine whether a particular emission
                                                                                                        Because the Area has attained the                     reduction measure or set of measures is
                                                   4 Pursuant to 40 CFR 56.5(b), the EPA Region 4       standard, there are no emissions                      required to be adopted as RACM.
                                                Regional Administrator signed a memorandum on           controls that could advance the                       Potential measures that are reasonably
                                                July 20, 2015, seeking concurrence from the             attainment date; thus, no emissions                   available considering technical and
                                                Director of EPA’s Air Quality Policy Division           controls are necessary to satisfy Subpart
                                                (AQPD) in the Office of Air Quality Planning and                                                              economic feasibility must be adopted as
                                                Standards to act inconsistent with EPA’s                1 RACM pursuant to 40 CFR 51.1010                     RACM if, considered collectively, they
                                                interpretation of CAA sections 107(d)(3)(E) and         (defining RACM as the level of control                would advance the attainment date by
                                                172(c)(1) when taking action on pending and future      necessary to advance the attainment
                                                redesignation requests in Kentucky and Tennessee
                                                                                                                                                              one year or more. Because the
                                                because the Region is bound by the Sixth Circuit’s
                                                                                                        date by one year or more).                            attainment demonstration in
                                                decision in Sierra Club v. EPA. The AQPD Director       c. Proposed Action on RACM Based                      Tennessee’s attainment plan SIP
                                                issued her concurrence on July 22, 2015. The July                                                             revision showed attainment of the 1997
                                                20, 2015, memorandum with AQPD concurrence is           Upon the State’s Control Evaluation
                                                located in the docket for today’s proposed actions.
                                                                                                                                                              PM2.5 NAAQS in the Chattanooga TN-
                                                                                                           Additionally, the portion of                       GA-AL Area by the end of 2009, only
                                                   5 On September 3, 2015, the Sixth Circuit denied

                                                the petitions for rehearing en banc of this portion
                                                                                                        Tennessee’s October 15, 2009,                         measures that would advance the
                                                of its opinion that were filed by EPA, the state of     attainment plan SIP revision that                     attainment date to the end of 2008
                                                Ohio, and industry groups from Ohio. Sierra Club        addresses Subpart 1 RACM for the                      would be considered as Subpart 1
                                                v. EPA, Nos. 12–3169, 12–3182, 12–3420, Doc.            State’s portion of the Area is approvable
                                                136–1 (6th Cir. Sept. 3, 2015).                                                                               RACM.7
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                                                   6 Subpart 1 RACM requirements at 40 CFR
                                                                                                        on the basis that the SIP revision
                                                51.1010 were not at issue in the D.C. Circuit’s         demonstrates that no additional                         7 As noted in the preamble to the PM
                                                                                                                                                                                                      2.5
                                                remand of the PM2.5 implementation rule in the          reasonably available controls would                   Implementation Rule, if a ‘‘State could not achieve
                                                January 2013 Natural Resources Defense Council v.       have advanced the attainment date                     significant emissions reductions by the beginning of
                                                EPA decision and are therefore not subject to the       projected therein.                                    2008 due to time needed to implement reasonable
                                                Court’s remand. Cf. NRDC v. EPA, 571 F.3d 1245,                                                               measures or other factors, then it could be
                                                1252–53 (D.C. Cir. 2009) (upholding a substantially
                                                                                                           Through participation in the regional              concluded that reasonably available local measures
                                                similar interpretation of Subpart 1 RACM in the         planning efforts of the Visibility                    would not advance the attainment date.’’ See 72 FR
                                                context of ozone implementation regulations).           Improvement States and Tribal                         20617.



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                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                          56421

                                                   Based on the emissions inventory and                 reduction measures that could be                      Thus, in reviewing SIP submissions,
                                                other information, the State identified                 practicably implemented in time to                    EPA’s role is to approve state choices,
                                                the categories of sources that should be                advance attainment to the end of 2008.                provided that they meet the criteria of
                                                evaluated for controls. These categories                EPA has reviewed the RACM portion of                  the CAA. Accordingly, this action
                                                include permitted stationary sources;                   Tennessee’s October 15, 2009,                         merely proposes to approve state law as
                                                gasoline dispensing facilities; on-road                 attainment plan SIP revision and agrees               meeting Federal requirements and does
                                                mobile sources; non-road and stationary                 with the State’s conclusion that no                   not impose additional requirements
                                                internal combustion engines; open                       additional emissions reductions were                  beyond those imposed by state law. For
                                                burning; and home heating with wood.                    available from local sources that would               that reason, this action:
                                                   With regard to permitted stationary                  have advanced the projected 2009                         • Is not a significant regulatory action
                                                sources, Tennessee noted that                           attainment date.                                      subject to review by the Office of
                                                conservative sensitivity modeling,                                                                            Management and Budget under
                                                conducted by the Georgia Institute of                   IV. Why is EPA supplementing its
                                                                                                        proposed redesignation of the area?                   Executive Orders 12866 (58 FR 51735,
                                                Technology, showed that completely                                                                            October 4, 1993) and 13563 (76 FR 3821,
                                                eliminating emissions of PM2.5, nitrogen                  EPA’s March 11, 2015, proposal to                   January 21, 2011);
                                                oxides, and sulfur dioxide from non-                    approve Tennessee’s redesignation                        • does not impose an information
                                                utility point sources in the Tennessee                  request for the Tennessee portion of the              collection burden under the provisions
                                                portion of the Area would result in only                Area was based, in part, on the Agency’s              of the Paperwork Reduction Act (44
                                                small reductions in PM2.5                               longstanding interpretation that Subpart              U.S.C. 3501 et seq.);
                                                concentrations (0.06 mg/m3 to 0.25 mg/                  1 RACM need not be approved into a                       • is certified as not having a
                                                m3). Nevertheless, Tennessee performed                  SIP before redesignation to attainment if             significant economic impact on a
                                                a detailed analysis of each major source                the subject area is attaining the NAAQS.              substantial number of small entities
                                                operating in the State’s portion of the                 See 80 FR 16331. Although EPA                         under the Regulatory Flexibility Act (5
                                                Area and determined that RACT levels                    disagrees with the portion of the Sixth               U.S.C. 601 et seq.);
                                                of emission control were already in                     Circuit’s opinion in Sierra Club v. EPA                  • does not contain any unfunded
                                                place.8 This analysis, and the results of               that is inconsistent with this                        mandate or significantly or uniquely
                                                sensitivity modeling, indicated that no                 interpretation, the Agency is bound by                affect small governments, as described
                                                additional reductions were available                    this decision within the Court’s                      in the Unfunded Mandates Reform Act
                                                from local permitted stationary sources                 jurisdiction unless it is overturned and              of 1995 (Pub. L. 104–4);
                                                that would result in attainment in 2008                 must first approve Subpart 1 RACM into                   • does not have Federalism
                                                rather than 2009. For gasoline                          Tennessee’s SIP before it can                         implications as specified in Executive
                                                dispensing facilities, Tennessee deemed                 redesignate the Chattanooga TN-GA-AL                  Order 13132 (64 FR 43255, August 10,
                                                the use of Stage 1 vapor recovery to be                 Area to attainment. Therefore, EPA is                 1999);
                                                the RACT level of emissions control.                    supplementing its redesignation                          • is not an economically significant
                                                Tennessee stated that the existing                      proposal to now rely on approval of the               regulatory action based on health or
                                                federally-approved inspection and                       RACM portion of the State’s October 15,               safety risks subject to Executive Order
                                                maintenance program constitutes RACM                    2009, attainment plan SIP revision.                   13045 (62 FR 19885, April 23, 1997);
                                                for on-road mobile sources and that                                                                              • is not a significant regulatory action
                                                                                                        V. Proposed Actions
                                                non-road mobile sources and stationary                                                                        subject to Executive Order 13211 (66 FR
                                                internal combustion engines are                            EPA has reviewed the RACM portion                  28355, May 22, 2001);
                                                regulated by Federal rules. Regarding                   of Tennessee’s October 15, 2009,                         • is not subject to requirements of
                                                open burning, Chattanooga’s federally-                  attainment plan SIP revision and                      Section 12(d) of the National
                                                approved local implementation plan                      proposes to approve it on the basis that              Technology Transfer and Advancement
                                                requires open burning permits, bans                     it is consistent with the CAA, the CAA’s              Act of 1995 (15 U.S.C. 272 note) because
                                                open burning from May 1 through                         implementing regulations, and EPA                     application of those requirements would
                                                September 30, and prohibits the burning                 guidance for attainment demonstration                 be inconsistent with the CAA; and
                                                of brush cleared for road building and                  submittals. EPA is also supplementing                    • does not provide EPA with the
                                                trash in the Tennessee portion of the                   its March 27, 2015, proposed approval                 discretionary authority to address, as
                                                Area. The State also determined that                    of the State’s November 13, 2014,                     appropriate, disproportionate human
                                                only 712 households (0.6 percent of the                 redesignation request for the Tennessee               health or environmental effects, using
                                                total households in the Tennessee                       portion of the Chattanooga TN-GA-AL                   practicable and legally permissible
                                                portion of the Area) were heating                       Area by proposing that approval of the                methods, under Executive Order 12898
                                                primarily with wood and that                            RACM portion of the aforementioned                    (59 FR 7629, February 16, 1994).
                                                accelerated replacement of older wood                   SIP revision satisfies the Subpart 1                     The SIP is not approved to apply on
                                                burning stoves would not advance the                    RACM requirement in accordance with                   any Indian reservation land or in any
                                                attainment date given the ‘‘small portion               section 107(d)(3)(E) of the CAA. Today’s              other area where EPA or an Indian tribe
                                                of households using wood hearing, the                   proposed actions are focused solely on                has demonstrated that a tribe has
                                                mild local climate, and the normal                      addressing the Sixth Circuit’s decision               jurisdiction. In those areas of Indian
                                                purchases of Subpart AAA compliant                      in Sierra Club v. EPA and do not reopen               country, the rule does not have tribal
                                                wood burning stoves in the                              any other aspect of the March 27, 2015,               implications as specified by Executive
                                                nonattainment area.’’                                   proposal for comment.                                 Order 13175 (65 FR 67249, November 9,
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                                                   Through this evaluation, Tennessee                                                                         2000), nor will it impose substantial
                                                                                                        V. Statutory and Executive Order
                                                determined that, for each category of                                                                         direct costs on tribal governments or
                                                                                                        Reviews
                                                potential measures, there were either no                                                                      preempt tribal law.
                                                additional emission reductions that                       Under the CAA, the Administrator is
                                                                                                        required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                                could be achieved or no emission
                                                                                                        that complies with the provisions of the                Environmental protection, Air
                                                  8 See Appendix 12 of the SIP submittal for a          Act and applicable Federal regulations.               pollution control, Incorporation by
                                                detailed discussion of the State’s analysis.            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               reference, Intergovernmental relations,


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                                                56422                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                Nitrogen dioxide, Particulate matter,                   revision amendment and anticipates no                 DATES:  Comments Due: September 30,
                                                Reporting and recordkeeping                             relevant adverse comments to this                     2015. Reply Comments Due: October 30,
                                                requirements, Sulfur oxides.                            action. A detailed rationale for the                  2015.
                                                   Authority: 42 U.S.C. 7401 et seq.                    approval is set forth in the direct final             ADDRESSES: You may submit comments,
                                                                                                        rule. If no relevant adverse comments                 identified by MB Docket No. 15–146
                                                  Dated: September 9, 2015.                             are received in response to this action,              and GN Docket No. 12–268, by any of
                                                Heather McTeer Toney,                                   no further activity is contemplated in                the following methods:
                                                Regional Administrator, Region 4.                       relation to this action. If EPA receives                 • Federal eRulemaking Portal: http://
                                                [FR Doc. 2015–23382 Filed 9–17–15; 8:45 am]             relevant adverse comments, the direct                 www.regulations.gov. Follow the
                                                BILLING CODE 6560–50–P                                  final rule will be withdrawn and all                  instructions for submitting comments.
                                                                                                        public comments received will be                         • Federal Communications
                                                                                                        addressed in a subsequent final rule                  Commission’s Web site: http://
                                                ENVIRONMENTAL PROTECTION                                based on this proposed action. EPA will               www.fcc.gov/cgb/ecfs/. Follow the
                                                AGENCY                                                  not institute a second comment period                 instructions for submitting comments.
                                                                                                        on this action. Any parties interested in                • Mail: Filings can be sent by hand or
                                                40 CFR Part 62                                          commenting on this action should do so                messenger delivery, by commercial
                                                [EPA–R07–OAR–2015–0514; FRL–9933–96–                    at this time. Please note that if EPA                 overnight courier, or by first-class or
                                                Region 7]                                               receives adverse comment on part of                   overnight U.S. Postal Service mail
                                                                                                        this rule and if that part can be severed             (although we continue to experience
                                                Approval and Promulgation of Air                        from the remainder of the rule, EPA may               delays in receiving U.S. Postal Service
                                                Quality Implementation Plans for                        adopt as final those parts of the rule that           mail.) All filings must be addressed to
                                                Designated Facilities and Pollutants;                   are not the subject of an adverse                     the Commission’s Secretary, Office of
                                                Missouri; Sewage Sludge Incinerators                    comment. For additional information,                  the Secretary, Federal Communications
                                                                                                        see the direct final rule which is located            Commission.
                                                AGENCY:  Environmental Protection
                                                                                                        in the rules section of this Federal                     • People with Disabilities: Contact the
                                                Agency.
                                                                                                        Register.                                             FCC to request reasonable
                                                ACTION: Proposed rule.                                                                                        accommodations (accessible format
                                                                                                        List of Subjects in 40 CFR Part 62
                                                SUMMARY:    The Environmental Protection                                                                      documents, sign language interpreters,
                                                                                                          Environmental protection,                           CART, etc.) by email: FCC504@fcc.gov
                                                Agency (EPA) is proposing to approve
                                                                                                        Administrative practice and procedure,                or phone: 202–418–0530 or TTY: 202–
                                                revisions to the state plan for designated
                                                                                                        Air pollution control, Commercial and                 418–0432.
                                                facilities and pollutants developed
                                                                                                        industrial solid waste incinerators,                  FOR FURTHER INFORMATION CONTACT:
                                                under sections 111(d) and 129 of the
                                                                                                        Intergovernmental relations, Reporting                Shaun Maher, Shaun.Maher@fcc.gov of
                                                Clean Air Act for the State of Missouri.
                                                                                                        and recordkeeping requirements.                       the Media Bureau, Video Division, (202)
                                                This proposed action will amend the
                                                state plan to include a new plan and                      Dated: September 3, 2015.                           418–2324, and Paul Murray,
                                                associated rule implementing the                        Becky Weber,                                          Paul.Murray@fcc.gov of the Office of
                                                emissions guidelines for Commercial                     Acting Regional Administrator, Region 7.              Engineering and Technology, (202) 418–
                                                and Industrial Solid Waste Incineration                 [FR Doc. 2015–23384 Filed 9–17–15; 8:45 am]           0688.
                                                (CISWI) Units.                                          BILLING CODE 6560–50–P                                SUPPLEMENTARY INFORMATION: This is a
                                                DATES: Comments on this proposed                                                                              summary of the Media Bureau’s Order,
                                                action must be received in writing by                                                                         DA 15–918, adopted August 12, 2015, in
                                                October 19, 2015.                                       FEDERAL COMMUNICATIONS                                MB Docket No. 15–146 (Order). The full
                                                                                                        COMMISSION                                            text of the Order is available for
                                                ADDRESSES: Submit your comments,
                                                                                                                                                              inspection and copying during regular
                                                identified by Docket ID No. EPA–R07–
                                                                                                        47 CFR Parts 15, 73, and 74                           business hours in the FCC Reference
                                                OAR–2015–0514, by mail to Paula
                                                                                                                                                              Center, 445 12th Street SW., Room CY–
                                                Higbee, Environmental Protection                        [MB Docket No. 15–146; GN Docket No. 12–              A257, Portals II, Washington, DC 20554.
                                                Agency, Air Planning and Development                    268; DA 15–918]
                                                                                                                                                              This document is available in
                                                Branch, 11201 Renner Boulevard,
                                                                                                        Preserving Vacant Channels in the                     alternative formats (computer diskette,
                                                Lenexa, Kansas 66219. Comments may
                                                                                                        UHF Television Band for Unlicensed                    large print, audio record, and Braille).
                                                also be submitted electronically or
                                                                                                        Use                                                   Persons with disabilities who need
                                                through hand delivery/courier by
                                                                                                                                                              documents in these formats may contact
                                                following the detailed instructions in
                                                                                                        AGENCY:  Federal Communications                       the FCC by email: FCC504@fcc.gov or
                                                the ADDRESSES section of the direct final
                                                                                                        Commission.                                           phone: 202–418–0530 or TTY: 202–418–
                                                rule located in the rules section of this
                                                                                                        ACTION: Proposed rule.                                0432.
                                                Federal Register.
                                                FOR FURTHER INFORMATION CONTACT:                        SUMMARY:   In this document, the Media                Synopsis
                                                Paula Higbee, Environmental Protection                  Bureau of the Federal Communications                    1. On June 16, 2015, the Commission
                                                Agency, Air Planning and Development                    Commission (Commission) provides                      released a Notice of Proposed
                                                Branch, 11201 Renner Boulevard,                         notice of the revised comment and reply               Rulemaking, 30 FCC Rcd 6711 (2015) in
                                                Lenexa, Kansas 66219 at 913–551–7028
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                                                                                                        comment deadlines in this proceeding.                 MB Docket No. 15–146 (Vacant Channel
                                                or by email at higbee.paula@epa.gov.                    The comment period in this proceeding                 NPRM) seeking comment on rules to
                                                SUPPLEMENTARY INFORMATION: In the                       has previously been suspended pending                 preserve vacant television channels for
                                                final rules section of this Federal                     action in the Commission’s incentive                  shared use by white space devices and
                                                Register, EPA is approving the state’s                  auction proceeding and the Media                      wireless microphones. On July 29, 2015,
                                                SIP revision as a direct final rule                     Bureau announces that it has been                     the Media Bureau, in an Order, DA 15–
                                                without prior proposal because the                      restarted and the new deadlines for                   867, on delegated authority, suspended
                                                Agency views this as a noncontroversial                 filing comments and reply comments.                   the comment and reply comment


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Document Created: 2015-12-15 09:27:26
Document Modified: 2015-12-15 09:27:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; supplemental.
DatesComments must be received on or before October 9, 2015.
ContactJoel Huey, 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. Mr. Huey's phone number is (404) 562-9104. He can also be reached via electronic mail at [email protected]
FR Citation80 FR 56418 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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