80 FR 68253 - Air Plan Approval and Air Quality Designation; 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 213 (November 4, 2015)
Federal Register Volume 80, Issue 213 (November 4, 2015)
| Page Range | 68253-68257 | |
| FR Document | 2015-28009 |
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)] [Rules and Regulations] [Pages 68253-68257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28009] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2014-0904; FRL-9936-55-Region 4] Air Plan Approval and Air Quality Designation; TN; Reasonably Available Control Measures and Redesignation for the TN Portion of the Chattanooga 1997 Annual PM2.5 Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the portion of a 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 Chattanooga, TN-GA-AL nonattainment area for the 1997 fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS) (hereinafter referred to as the ``Chattanooga TN-GA-AL Area'' or [[Page 68254]] ``Area''). Additionally, EPA is taking three separate final actions related to Tennessee's November 13, 2014 request to redesignate the Tennessee portion of the Area to attainment for the 1997 PM2.5 NAAQS and associated SIP revision containing a plan for maintaining attainment of the standard in the Chattanooga TN-GA-AL Area. In these three actions, EPA is determining that the Area is continuing to attain the 1997 PM2.5 NAAQS; approving and incorporating the State's plan for maintaining attainment of thestandard in the Area, including the 2025 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO X ) and PM2.5 for the Tennessee portion of this Area, into the SIP; and redesignating the Tennessee portion of the Area to attainment for the 1997 PM2.5 NAAQS. In addition to the four final actions described above, EPA is also finding the 2025 MVEBs for the Tennessee portion of the Area adequate for the purposes of transportation conformity. DATES: This rule will be effective November 4, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0904. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, 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 may be reached by phone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov. SUPPLEMENTARY INFORMATION: I. Background for Final Actions 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.\1\ See 70 FR 944 and 70 FR 19844, respectively. The Chattanooga TN-GA-AL Area consists of Hamilton County, Tennessee; a portion of Jackson County, Alabama; and Catoosa and Walker Counties in Georgia. --------------------------------------------------------------------------- \1\ On April 23, 2013, and September 14, 2012, Alabama and Georgia (respectively) submitted requests and related SIP revisions for EPA to redesignate the Alabama and Georgia portions of the Chattanooga TN-GA-AL Area to attainment for the 1997 PM2.5 NAAQS. EPA has since redesignated the Alabama and Georgia portions of the Area. See 79 FR 76235 (December 22, 2014) and 79 FR 75748 (December 19, 2014), respectively. --------------------------------------------------------------------------- On November 13, 2014, TDEC requested that EPA redesignate the Tennessee portion of the Area to attainment for the 1997 PM2.5 NAAQS and submitted a SIP revision containing the State's plan for maintaining attainment of the 1997 PM2.5 standard in the Area, including the 2025 MVEBs for NOX and PM2.5 for the Tennessee portion of the Area. In a notice of proposed rulemaking (NPR) published on March 27, 2015, EPA proposed to determine that the Chattanooga TN-GA-AL Area is continuing to attain the 1997 PM2.5 NAAQS; \2\ to approve and incorporate into the Tennessee SIP the State's plan for maintaining attainment of the 1997 PM2.5 standard in the Area, including the 2025 MVEBs for NOX and PM2.5 for the Tennessee portion of the Area; and to redesignate the Tennessee portion of the Area to attainment for the 1997 PM2.5 NAAQS. See 80 FR 16331. EPA proposed to approve the redesignation request and the related SIP revision based, in part, on the Agency's longstanding interpretation that the nonattainment planning requirements in subpart 1 of title I, part D, of the Act (hereinafter ``Subpart 1''), 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). In the NPR, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and PM2.5 MVEBs for the Tennessee portion of the Area. --------------------------------------------------------------------------- \2\ 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. EPA has reviewed the most recent ambient monitoring data for the Area, which indicate that the Chattanooga TN-GA-AL Area continues to attain the 1997 Annual PM2.5 NAAQS beyond the submitted 3-year attainment period of 2007-2009. As stated in EPA's March 27, 2015, proposal notice, the 3-year design value of 12.9 [mu]g/m\3\ for the Area for 2007-2009 meets the NAAQS of 15.0 [mu]g/m\3\. Quality assured and certified data in EPA's Air Quality System (AQS) database provide a 3-year design value of 10.3 [mu]g/m\3\ for the Area for 2012-2014. Furthermore, preliminary monitoring data in the AQS database for 2015 indicate that the Area is continuing to attain the 1997 Annual PM2.5 NAAQS. The AQS database is available at: http://www3.epa.gov/airdata/index.html. --------------------------------------------------------------------------- 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 EPA's longstanding interpretation regarding section 107(d)(3)(E)(ii) of the Clean Air Act (CAA or Act). 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 RACM under Subpart 1 for the Cincinnati Area into the Indiana and Ohio SIPs.\3\ 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. --------------------------------------------------------------------------- \3\ 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). --------------------------------------------------------------------------- EPA is bound by the Sixth Circuit's decision in Sierra Club v. EPA within the Court's jurisdiction unless it is overturned.\4\ Although EPA continues to believe that Subpart 1 RACM is not an [[Page 68255]] applicable requirement under section 107(d)(3)(E) for an area that has already attained the 1997 Annual PM2.5 NAAQS, on September 18, 2015, EPA proposed two separate but related actions regarding the Tennessee portion of the Chattanooga TN-GA-AL Area in response to the Court's decision.5 6 First, EPA proposed 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 proposed to supplement 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. See 80 FR 56418. --------------------------------------------------------------------------- \4\ The states of Kentucky, Michigan, Ohio, and Tennessee are located within the Sixth Circuit's jurisdiction. \5\ 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 actions. \6\ 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). --------------------------------------------------------------------------- The detailed rationale for EPA's findings and actions is set forth in the March 27, 2015, proposed rulemaking and in the September 18, 2015, supplemental proposed rulemaking. See 80 FR 16331 and 80 FR 56418, respectively. The comment periods associated with these two proposed rulemakings have closed and no adverse comments were received. II. What are the effects of these actions? Approval of the RACM portion of Tennessee's October 15, 2009, attainment plan SIP revision satisfies the Subpart 1 RACM requirement in accordance with the Sixth Circuit's decision in Sierra Club v. EPA. Approval of Tennessee's redesignation request changes the legal designation of Hamilton County in the Tennessee portion of the Chattanooga TN-GA-AL Area, found at 40 CFR 81.343, from nonattainment to attainment for the 1997 PM2.5 NAAQS. Approval of Tennessee's associated SIP revision also incorporates a plan for maintaining the 1997 PM2.5 NAAQS in the Area through 2025, including contingency measures to remedy any future violations of the NAAQS and procedures for evaluation of potential violations, into the SIP. The maintenance plan also establishes NOX and PM2.5 MVEBs of 3,200 tons per year (tpy) and 100 tpy, respectively, for the year 2025 for the Tennessee portion of the Area. Within 24 months from this final rule, these budgets must be used for future conformity determinations. III. Final Actions EPA is approving the RACM portion of a SIP revision submitted by TDEC on October 15, 2009, for the 1997 Annual PM2.5 NAAQS in the Tennessee portion of the Chattanooga TN-GA-AL Area. Additionally, EPA is taking three separate final actions regarding Tennessee's November 13, 2014 request to redesignate the Tennessee portion of the Area to attainment for the 1997 PM2.5 NAAQS and related SIP revision. First, EPA is determining that the Chattanooga, TN-GA-AL Area is continuing to attain the 1997 PM2.5 NAAQS. Second, EPA is approving and incorporating the maintenance plan for the Tennessee portion of the Area, including NOX and PM2.5 MVEBs for the year 2025, into the Tennessee SIP. The maintenance plan demonstrates that the Area will continue to maintain the 1997 PM2.5 NAAQS, and the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA is determining that Tennessee has met the criteria under CAA section 107(d)(3)(E) for the Tennessee portion of the Area for redesignation from nonattainment to attainment for the 1997 PM2.5 NAAQS. On this basis, EPA is approving Tennessee's redesignation request for the 1997 PM2.5 NAAQS for the Tennessee portion of the Area. As mentioned above, approval of the redesignation request changes the official designation of Hamilton County in the Tennessee portion of the Chattanooga, TN-GA-AL Area for the 1997 PM2.5 NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that it finds the newly- established NOX and PM2.5 MVEBs for the Tennessee portion of the Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners must demonstrate conformity to the new NOX and PM2.5 MVEBs pursuant to 40 CFR 93.104(e). EPA has determined that these actions are effective immediately upon publication under the authority of 5 U.S.C. 553(d). The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Section 553(d)(1) allows an effective date less than 30 days after publication if a substantive rule ``relieves a restriction.'' These actions qualify for the exception under section 553(d)(1) because they relieve the State of various requirements for the Tennessee portion of the Chattanooga TN- GA-AL Area. Furthermore, section 553(d)(3) allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' EPA finds good cause to make these actions effective immediately pursuant to section 553(d)(3) because they do not create any new regulatory requirements such that affected parties would need time to prepare before the actions take effect. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of the maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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, these actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state or Federal law. For these reasons, these actions:Are not a significant regulatory actions 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); do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); [[Page 68256]] do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); are not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 4, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, and Particulate matter. 40 CFR Part 81 Environmental protection, Air pollution control, National parks. Dated: October 20, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart RR--Tennessee 0 2. Section 52.2220(e) is amended by adding new entries ``RACM analysis for the Tennessee portion of the Chattanooga Area for the 1997 PM 2.5 NAAQS'' and ``1997 Annual PM2.5 Maintenance Plan for the Tennessee portion of Chattanooga TN-GA-AL Area'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA--Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval provision nonattainment effective date date Explanation area ---------------------------------------------------------------------------------------------------------------- * * * * * * * RACM analysis for the Hamilton County.. 10/15/2009 11/4/2015 ........................... Tennessee portion of the [Insert Chattanooga Area for the 1997 citation of PM2.5 NAAQS. publication]. 1997 Annual PM2.5 Maintenance Hamilton County.. 11/13/2014 11/4/2015 ........................... Plan for the Tennessee [Insert portion of the Chattanooga TN- citation of GA-AL Area. publication]. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.343, the table entitled ``Tennessee--1997 Annual PM2.5 NAAQS (Primary and Secondary)'' is amended under ``Chattanooga, TN-GA-AL:'' by revising the entry for ``Hamilton County'' to read as follows: Sec. 81.343 Tennessee. * * * * * [[Page 68257]] Tennessee--1997 Annual PM2.5 NAAQS [Primary and Secondary] ---------------------------------------------------------------------------------------------------------------- Designation \a\ Classification Designated area --------------------------------------------------------------------------------- Date \1\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- Chattanooga, TN-GA-AL: Hamilton County........... 11/4/2015 Attainment.......... .................... .................... * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is 90 days after January 5, 2005, unless otherwise noted. \2\ This date is July 2, 2014, unless otherwise noted. * * * * * [FR Doc. 2015-28009 Filed 11-3-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations 68253
Executive Order 12630 person, by mail, email, or phone at any PART ll—SUBSISTENCE
Title VIII of ANILCA requires the time during the rulemaking process. MANAGEMENT REGULATIONS FOR
Secretaries to administer a subsistence On March 23 and 24, 2015, the Board PUBLIC LANDS IN ALASKA
priority on public lands. The scope of provided Federally recognized Tribes
this Program is limited by definition to and Alaska Native Corporations a ■ 1. The authority citation for both 36
certain public lands. Likewise, these specific opportunity to consult on this CFR part 242 and 50 CFR part 100
regulations have no potential takings of rule. Federally recognized Tribes and continues to read as follows:
private property implications as defined Alaska Native Corporations were Authority: 16 U.S.C. 3, 472, 551, 668dd,
by Executive Order 12630. notified by mail and telephone and were 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
given the opportunity to attend in 1733.
Unfunded Mandates Reform Act
person or via teleconference.
The Secretaries have determined and Subpart B—Program Structure
certify pursuant to the Unfunded Executive Order 13211
Mandates Reform Act, 2 U.S.C. 1502 et ■ 2. In subpart B of 36 CFR part 242 and
This Executive Order requires 50 CFR part 100, § ll.15 is revised to
seq., that this rulemaking will not agencies to prepare Statements of
impose a cost of $100 million or more read as follows:
Energy Effects when undertaking certain
in any given year on local or State actions. However, this rule is not a § ll.15 Rural determination process.
governments or private entities. The significant regulatory action under E.O. (a) The Board determines which areas
implementation of this rule is by 13211, affecting energy supply, or communities in Alaska are nonrural.
Federal agencies, and there is no cost distribution, or use, and no Statement of Current determinations are listed at
imposed on any State or local entities or Energy Effects is required. § ll.23.
tribal governments. (b) All other communities and areas
Drafting Information
Executive Order 12988 are, therefore, rural.
The Secretaries have determined that Theo Matuskowitz drafted these Dated: Oct. 28, 2015.
these regulations meet the applicable regulations under the guidance of Sally Jewell,
standards provided in sections 3(a) and Eugene R. Peltola, Jr. of the Office of
Secretary of the Interior.
3(b)(2) of Executive Order 12988, Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Dated: Sept. 30, 2015.
regarding civil justice reform. Beth G. Pendleton,
Service, Anchorage, Alaska. Additional
Executive Order 13132 assistance was provided by Regional Forester, USDA—Forest Service.
In accordance with Executive Order • Daniel Sharp, Alaska State Office, [FR Doc. 2015–27994 Filed 10–30–15; 8:45 am]
13132, the rule does not have sufficient Bureau of Land Management; BILLING CODE 3410–11–4333–15–P
Federalism implications to warrant the • Mary McBurney, Alaska Regional
preparation of a Federalism summary Office, National Park Service;
impact statement. Title VIII of ANILCA ENVIRONMENTAL PROTECTION
• Dr. Glenn Chen, Alaska Regional
precludes the State from exercising AGENCY
Office, Bureau of Indian Affairs;
subsistence management authority over
fish and wildlife resources on Federal • Trevor T. Fox, Alaska Regional 40 CFR Parts 52 and 81
lands unless it meets certain Office, U.S. Fish and Wildlife Service;
and [EPA–R04–OAR–2014–0904; FRL–9936–55–
requirements. Region 4]
• Thomas Whitford, Alaska Regional
Executive Order 13175 Office, U.S. Forest Service. Air Plan Approval and Air Quality
Title VIII of ANILCA does not provide Designation; TN; Reasonably Available
specific rights to tribes for the Authority
Control Measures and Redesignation
subsistence taking of wildlife, fish, and This rule is issued under the authority for the TN Portion of the Chattanooga
shellfish. However, the Secretaries, of Title VIII of the Alaska National 1997 Annual PM2.5 Nonattainment Area
through the Board, provided Federally Interest Lands Conservation Act
recognized Tribes and Alaska Native (ANILCA) (16 U.S.C. 3111–3126). AGENCY: Environmental Protection
corporations opportunities to consult on Agency (EPA).
this rule. Consultation with Alaska List of Subjects
ACTION: Final rule.
Native corporations are based on Public 36 CFR Part 242
Law 108–199, div. H, Sec. 161, Jan. 23, SUMMARY: The Environmental Protection
2004, 118 Stat. 452, as amended by Administrative practice and Agency (EPA) is approving the portion
Public Law 108–447, div. H, title V, Sec. procedure, Alaska, Fish, National of a State Implementation Plan (SIP)
518, Dec. 8, 2004, 118 Stat. 3267, which forests, Public lands, Reporting and revision submitted by the State of
provides that: ‘‘The Director of the recordkeeping requirements, Wildlife. Tennessee, through the Tennessee
Office of Management and Budget and 50 CFR Part 100 Department of Environment and
all Federal agencies shall hereafter Conservation (TDEC), on October 15,
consult with Alaska Native corporations Administrative practice and 2009, that addresses reasonably
on the same basis as Indian tribes under procedure, Alaska, Fish, National available control measures (RACM),
Executive Order No. 13175.’’ forests, Public lands, Reporting and including reasonably available control
The Secretaries, through the Board, recordkeeping requirements, Wildlife. technology (RACT), for the Tennessee
rmajette on DSK7SPTVN1PROD with RULES
provided a variety of opportunities for Regulation Promulgation portion of the Chattanooga, TN-GA-AL
consultation: Commenting on proposed nonattainment area for the 1997 fine
changes to the existing rule; engaging in For the reasons set out in the particulate matter (PM2.5) national
dialogue at the Council meetings; preamble, the Secretaries amend 36 CFR ambient air quality standards (NAAQS)
engaging in dialogue at the Board’s part 242 and 50 CFR part 100 as set (hereinafter referred to as the
meetings; and providing input in forth below. ‘‘Chattanooga TN-GA-AL Area’’ or
VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\04NOR1.SGM 04NOR1](https://thefederalregister.org/doc/80_FR_68466/page/1.svg)
![68254 Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
‘‘Area’’). Additionally, EPA is taking 9104 or via electronic mail at huey.joel@ State’s plan for maintaining attainment
three separate final actions related to epa.gov. of the 1997 PM2.5 standard in the Area,
Tennessee’s November 13, 2014 request SUPPLEMENTARY INFORMATION: including the 2025 MVEBs for NOX and
to redesignate the Tennessee portion of PM2.5 for the Tennessee portion of the
the Area to attainment for the 1997 I. Background for Final Actions Area; and to redesignate the Tennessee
PM2.5 NAAQS and associated SIP On July 18, 1997, EPA promulgated portion of the Area to attainment for the
revision containing a plan for the first air quality standards for PM2.5. 1997 PM2.5 NAAQS. See 80 FR 16331.
maintaining attainment of the standard EPA promulgated an annual standard at EPA proposed to approve the
in the Chattanooga TN-GA-AL Area. In a level of 15 micrograms per cubic meter redesignation request and the related
these three actions, EPA is determining (mg/m3) (based on a 3-year average of SIP revision based, in part, on the
that the Area is continuing to attain the annual mean PM2.5 concentrations) and Agency’s longstanding interpretation
1997 PM2.5 NAAQS; approving and a 24-hour standard of 65 mg/m3 (based that the nonattainment planning
incorporating the State’s plan for on a 3-year average of the 98th requirements in subpart 1 of title I, part
maintaining attainment of the standard percentile of 24-hour concentrations). D, of the Act (hereinafter ‘‘Subpart 1’’),
in the Area, including the 2025 motor See 62 FR 36852. On January 5, 2005, including RACM, are not ‘‘applicable’’
vehicle emission budgets (MVEBs) for and supplemented on April 14, 2005, for purposes of CAA section
nitrogen oxides (NOX) and PM2.5 for the EPA designated Hamilton County in 107(d)(3)(E)(ii) once an area is attaining
Tennessee portion of this Area, into the Tennessee, in association with counties the NAAQS and, therefore, need not be
SIP; and redesignating the Tennessee in Alabama and Georgia in the approved into the SIP before EPA can
portion of the Area to attainment for the Chattanooga TN-GA-AL Area, as redesignate the area. See 80 FR 16331
1997 PM2.5 NAAQS. In addition to the nonattainment for the 1997 Annual (March 27, 2015). In the NPR, EPA also
four final actions described above, EPA PM2.5 NAAQS.1 See 70 FR 944 and 70 FR notified the public of the status of the
is also finding the 2025 MVEBs for the 19844, respectively. The Chattanooga Agency’s adequacy determination for
Tennessee portion of the Area adequate TN-GA-AL Area consists of Hamilton the NOX and PM2.5 MVEBs for the
for the purposes of transportation County, Tennessee; a portion of Jackson Tennessee portion of the Area.
conformity. County, Alabama; and Catoosa and On March 18, 2015, the United States
Walker Counties in Georgia. Court of Appeals for the Sixth Circuit
DATES: This rule will be effective On November 13, 2014, TDEC (Sixth Circuit) issued an opinion in
November 4, 2015. requested that EPA redesignate the Sierra Club v. EPA, 781 F.3d 299 (6th
ADDRESSES: EPA has established a Tennessee portion of the Area to Cir. 2015), that is inconsistent with
docket for this action under Docket attainment for the 1997 PM2.5 NAAQS EPA’s longstanding interpretation
Identification No. EPA–R04–OAR– and submitted a SIP revision containing regarding section 107(d)(3)(E)(ii) of the
2014–0904. All documents in the docket the State’s plan for maintaining Clean Air Act (CAA or Act). In its
are listed on the www.regulations.gov attainment of the 1997 PM2.5 standard in decision, the Court vacated EPA’s
Web site. Although listed in the index, the Area, including the 2025 MVEBs for redesignation of the Indiana and Ohio
some information may not be publicly NOX and PM2.5 for the Tennessee portions of the Cincinnati-Hamilton
available, i.e., Confidential Business portion of the Area. In a notice of nonattainment area to attainment for the
Information or other information whose proposed rulemaking (NPR) published 1997 PM2.5 NAAQS because EPA had
disclosure is restricted by statute. on March 27, 2015, EPA proposed to not yet approved RACM under Subpart
Certain other material, such as determine that the Chattanooga TN-GA- 1 for the Cincinnati Area into the
copyrighted material, is not placed on AL Area is continuing to attain the 1997 Indiana and Ohio SIPs.3 The Court
the Internet and will be publicly PM2.5 NAAQS; 2 to approve and concluded that ‘‘a State seeking
available only in hard copy form. incorporate into the Tennessee SIP the redesignation ‘shall provide for the
Publicly available docket materials are implementation’ of RACM/RACT, even
available either electronically through 1 On April 23, 2013, and September 14, 2012, if those measures are not strictly
www.regulations.gov or in hard copy at Alabama and Georgia (respectively) submitted necessary to demonstrate attainment
requests and related SIP revisions for EPA to with the PM2.5 NAAQS . . . . If a State
the Air Regulatory Management Section, redesignate the Alabama and Georgia portions of
Air Planning and Implementation the Chattanooga TN-GA-AL Area to attainment for has not done so, EPA cannot ‘fully
Branch, Air, Pesticides and Toxics the 1997 PM2.5 NAAQS. EPA has since redesignated approve[]’ the area’s SIP, and
Management Division, U.S. the Alabama and Georgia portions of the Area. See redesignation to attainment status is
79 FR 76235 (December 22, 2014) and 79 FR 75748 improper.’’ Sierra Club, 781 F.3d at 313.
Environmental Protection Agency, (December 19, 2014), respectively.
Region 4, 61 Forsyth Street, SW., 2 On May 31, 2011 (76 FR 31239), EPA published
EPA is bound by the Sixth Circuit’s
Atlanta, Georgia 30303–8960. EPA a final determination that the Chattanooga TN-GA- decision in Sierra Club v. EPA within
requests that if at all possible, you AL Area had attained the 1997 Annual PM2.5 the Court’s jurisdiction unless it is
contact the person listed in the FOR NAAQS based upon quality-assured and certified overturned.4 Although EPA continues to
ambient air monitoring data for the 2007–2009 time
FURTHER INFORMATION CONTACT section to period. EPA has reviewed the most recent ambient
believe that Subpart 1 RACM is not an
schedule your inspection. The Regional monitoring data for the Area, which indicate that
3 The Court issued an amended decision on July
Office’s official hours of business are the Chattanooga TN-GA-AL Area continues to attain
the 1997 Annual PM2.5 NAAQS beyond the 14, 2015, revising some of the legal aspects of the
Monday through Friday, 8:30 a.m. to Court’s analysis of the relevant statutory provisions
submitted 3-year attainment period of 2007–2009.
4:30 p.m., excluding Federal holidays. As stated in EPA’s March 27, 2015, proposal notice, (section 107(d)(3)(E)(ii) and section 172(c)(1)) but
FOR FURTHER INFORMATION CONTACT: Joel the 3-year design value of 12.9 mg/m3 for the Area maintaining its prior holding that section 172(c)(1)
for 2007–2009 meets the NAAQS of 15.0 mg/m3. ‘‘unambiguously requires implementation of
Huey, Air Planning and Implementation
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Quality assured and certified data in EPA’s Air RACM/RACT prior to redesignation . . . even if
Branch, Air, Pesticides and Toxics Quality System (AQS) database provide a 3-year those measures are not strictly necessary to
Management Division, U.S. design value of 10.3 mg/m3 for the Area for 2012– demonstrate attainment with the PM2.5 NAAQS.’’
Environmental Protection Agency, 2014. Furthermore, preliminary monitoring data in See Sierra Club v. EPA, Nos. 12–3169, 12–3182, 12–
the AQS database for 2015 indicate that the Area 3420 (6th Cir. July 14, 2015).
Region 4, 61 Forsyth Street SW., is continuing to attain the 1997 Annual PM2.5 4 The states of Kentucky, Michigan, Ohio, and
Atlanta, Georgia 30303–8960. Mr. Huey NAAQS. The AQS database is available at: http:// Tennessee are located within the Sixth Circuit’s
may be reached by phone at (404) 562– www3.epa.gov/airdata/index.html. jurisdiction.
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![68256 Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
• do not contain any unfunded Business Regulatory Enforcement reference, Intergovernmental relations,
mandate or significantly or uniquely Fairness Act of 1996, generally provides Reporting and recordkeeping
affect small governments, as described that before a rule may take effect, the requirements, and Particulate matter.
in the Unfunded Mandates Reform Act agency promulgating the rule must
of 1995 (Pub. L. 104–4); submit a rule report, which includes a 40 CFR Part 81
• do not have Federalism copy of the rule, to each House of the Environmental protection, Air
implications as specified in Executive Congress and to the Comptroller General pollution control, National parks.
Order 13132 (64 FR 43255, August 10, of the United States. EPA will submit a
1999); report containing this action and other Dated: October 20, 2015.
• are not economically significant required information to the U.S. Senate, Heather McTeer Toney,
regulatory actions based on health or the U.S. House of Representatives, and Regional Administrator, Region 4.
safety risks subject to Executive Order the Comptroller General of the United
13045 (62 FR 19885, April 23, 1997); States prior to publication of the rule in 40 CFR parts 52 and 81 are amended
• are not a significant regulatory the Federal Register. A major rule as follows:
action subject to Executive Order 13211 cannot take effect until 60 days after it
(66 FR 28355, May 22, 2001); is published in the Federal Register. PART 52—APPROVAL AND
• are not subject to requirements of This action is not a ‘‘major rule’’ as PROMULGATION OF
Section 12(d) of the National defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
Technology Transfer and Advancement Under section 307(b)(1) of the CAA,
Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this ■ 1. The authority citation for part 52
application of those requirements would action must be filed in the United States continues to read as follows:
be inconsistent with the CAA; and Court of Appeals for the appropriate
circuit by January 4, 2016. Filing a Authority: 42 U.S.C. 7401 et seq.
• will not have disproportionate
human health or environmental effects petition for reconsideration by the
Administrator of this final rule does not Subpart RR—Tennessee
under Executive Order 12898 (59 FR
7629, February 16, 1994). affect the finality of this action for the
purposes of judicial review nor does it ■ 2. Section 52.2220(e) is amended by
The SIP is not approved to apply on
extend the time within which a petition adding new entries ‘‘RACM analysis for
any Indian reservation land or in any
other area where EPA or an Indian tribe for judicial review may be filed, and the Tennessee portion of the
has demonstrated that a tribe has shall not postpone the effectiveness of Chattanooga Area for the 1997 PM2.5
jurisdiction. In those areas of Indian such rule or action. This action may not NAAQS’’ and ‘‘1997 Annual PM2.5
country, the rule does not have tribal be challenged later in proceedings to Maintenance Plan for the Tennessee
implications as specified by Executive enforce its requirements. See section portion of Chattanooga TN–GA–AL
Order 13175 (65 FR 67249, November 9, 307(b)(2). Area’’ at the end of the table to read as
2000), nor will it impose substantial follows:
List of Subjects
direct costs on tribal governments or § 52.2220 Identification of plan.
preempt tribal law. 40 CFR Part 52
The Congressional Review Act, 5 Environmental protection, Air * * * * *
U.S.C. 801 et seq., as added by the Small pollution control, Incorporation by (e) * * *
EPA—APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic State effective
Name of non-regulatory SIP provision EPA approval date Explanation
or nonattainment area date
* * * * * * *
RACM analysis for the Tennessee portion of the Hamilton County ........... 10/15/2009 11/4/2015 [Insert cita-
Chattanooga Area for the 1997 PM2.5 NAAQS. tion of publication].
1997 Annual PM2.5 Maintenance Plan for the Hamilton County ........... 11/13/2014 11/4/2015 [Insert cita-
Tennessee portion of the Chattanooga TN– tion of publication].
GA–AL Area.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. AL:’’ by revising the entry for ‘‘Hamilton
FOR AIR QUALITY PLANNING County’’ to read as follows:
■ 4. In § 81.343, the table entitled
PURPOSES
‘‘Tennessee—1997 Annual PM2.5 § 81.343 Tennessee.
■ 3. The authority citation for part 81 NAAQS (Primary and Secondary)’’ is * * * * *
continues to read as follows: amended under ‘‘Chattanooga, TN–GA–
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![Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations 68257
TENNESSEE—1997 ANNUAL PM2.5 NAAQS
[Primary and Secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
Chattanooga, TN-GA-AL:
Hamilton County ....................................................................................... 11/4/2015 Attainment ..... ........................
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
* * * * * (7505P), Office of Pesticide Programs, proper receipt by EPA, you must
[FR Doc. 2015–28009 Filed 11–3–15; 8:45 am] Environmental Protection Agency, 1200 identify docket ID number EPA–HQ–
BILLING CODE 6560–50–P Pennsylvania Ave. NW., Washington, OPP–2014–0695 in the subject line on
DC 20460–0001; main telephone the first page of your submission. All
number: (703) 305–7090; email address: objections and requests for a hearing
ENVIRONMENTAL PROTECTION RDFRNotices@epa.gov. must be in writing, and must be
AGENCY SUPPLEMENTARY INFORMATION: received by the Hearing Clerk on or
before January 4, 2016. Addresses for
40 CFR Part 180 I. General Information mail and hand delivery of objections
[EPA–HQ–OPP–2014–0695; FRL–9934–05] A. Does this action apply to me? and hearing requests are provided in 40
CFR 178.25(b).
You may be potentially affected by In addition to filing an objection or
Diethofencarb; Pesticide Tolerance
this action if you are an agricultural hearing request with the Hearing Clerk
AGENCY: Environmental Protection producer, food manufacturer, or as described in 40 CFR part 178, please
Agency (EPA). pesticide manufacturer. The following submit a copy of the filing (excluding
ACTION: Final rule. list of North American Industrial any Confidential Business Information
Classification System (NAICS) codes is (CBI)) for inclusion in the public docket.
SUMMARY: This regulation establishes a not intended to be exhaustive, but rather Information not marked confidential
tolerance for residues of diethofencarb provides a guide to help readers pursuant to 40 CFR part 2 may be
in or on banana. Sumitomo Chemical determine whether this document disclosed publicly by EPA without prior
Company requested this tolerance under applies to them. Potentially affected notice. Submit the non-CBI copy of your
the Federal Food, Drug, and Cosmetic entities may include: objection or hearing request, identified
Act (FFDCA). • Crop production (NAICS code 111). by docket ID number EPA–HQ–OPP–
DATES: This regulation is effective • Animal production (NAICS code 2014–0695, by one of the following
November 4, 2015. Objections and 112). methods:
requests for hearings must be received • Food manufacturing (NAICS code • Federal eRulemaking Portal: http://
on or before January 4, 2016, and must 311). www.regulations.gov. Follow the online
be filed in accordance with the • Pesticide manufacturing (NAICS instructions for submitting comments.
instructions provided in 40 CFR part code 32532). Do not submit electronically any
178 (see also Unit I.C. of the B. How can I get electronic access to information you consider to be CBI or
SUPPLEMENTARY INFORMATION). other related information? other information whose disclosure is
ADDRESSES: The docket for this action, restricted by statute.
identified by docket identification (ID)
You may access a frequently updated • Mail: OPP Docket, Environmental
electronic version of EPA’s tolerance Protection Agency Docket Center (EPA/
number EPA–HQ–OPP–2014–0695 is regulations at 40 CFR part 180 through
available at http://www.regulations.gov DC), (28221T), 1200 Pennsylvania Ave.
the Government Printing Office’s e-CFR NW., Washington, DC 20460–0001.
or at the Office of Pesticide Programs site at http://www.ecfr.gov/cgi-bin/text- • Hand Delivery: To make special
Regulatory Public Docket (OPP Docket) idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ arrangements for hand delivery or
in the Environmental Protection Agency 40tab_02.tpl. To access the OCSPP test delivery of boxed information, please
Docket Center (EPA/DC), West William guidelines referenced in this document follow the instructions at http://
Jefferson Clinton Bldg., Rm. 3334, 1301 electronically, please go to http:// www.epa.gov/dockets/contacts.html.
Constitution Ave. NW., Washington, DC www.epa.gov/ocspp and select ‘‘Test Additional instructions on
20460–0001. The Public Reading Room Methods and Guidelines.’’ commenting or visiting the docket,
is open from 8:30 a.m. to 4:30 p.m., along with more information about
Monday through Friday, excluding legal C. How can I file an objection or hearing
request? dockets generally, is available at
holidays. The telephone number for the http://www.epa.gov/dockets.
Public Reading Room is (202) 566–1744, Under FFDCA section 408(g), 21
and the telephone number for the OPP U.S.C. 346a, any person may file an II. Summary of Petitioned-For
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Docket is (703) 305–5805. Please review objection to any aspect of this regulation Tolerance
the visitor instructions and additional and may also request a hearing on those In the Federal Register of December
information about the docket available objections. You must file your objection 17, 2014 (79 FR 75107) (FRL–9918–90),
at http://www.epa.gov/dockets. or request a hearing on this regulation EPA issued a document pursuant to
FOR FURTHER INFORMATION CONTACT: in accordance with the instructions FFDCA section 408(d)(3), 21 U.S.C.
Susan Lewis, Registration Division provided in 40 CFR part 178. To ensure 346a(d)(3), announcing the filing of a
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Document Created: 2018-03-01 11:27:30
Document Modified: 2018-03-01 11:27:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective November 4, 2015. | |
| 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 may be reached by phone at (404) 562-9104 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 68253 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Particulate Matter and National Parks |
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