80 FR 68448 - Air Plan Approval; TN; Knox County Emissions Statements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 214 (November 5, 2015)
Federal Register Volume 80, Issue 214 (November 5, 2015)
| Page Range | 68448-68451 | |
| FR Document | 2015-28105 |
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)] [Rules and Regulations] [Pages 68448-68451] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28105] [[Page 68448]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0456; FRL-9936-57-Region 4] Air Plan Approval; TN; Knox County Emissions Statements AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the Tennessee state implementation plan (SIP) submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Knox County Department of Air Quality Management (County Department), on March 14, 2014, and May 14, 2015, that require certain sources in Knox County, Tennessee, to report actual emissions of volatile organic compounds (VOC) and oxides of nitrogen (NOX ) to the County Department annually. These changes amend the Knox County Air Quality Management Regulations in the Knox County portion of the Tennessee SIP to reflect the State of Tennessee's SIP-approved emissions statement requirements for Knox County. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: This direct final rule is effective January 4, 2016 without further notice, unless EPA receives adverse comment by December 7, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0456 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (404) 562-9019. 4. Mail: ``EPA-R04-OAR-2015-0456'', Air Regulatory Management Section (formerly Regulatory Development 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- 2015-0456''. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information 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: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached at (404) 562-9088 or via email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 12, 2008, EPA promulgated revised 8-hour ozone national ambient air quality standards (NAAQS) of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality monitoring data for the 3- year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50. Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS, based on the three most recent years of ambient air quality data at the conclusion of the designation process. EPA designated Blount and Knox Counties in Tennessee as a nonattainment area (hereinafter referred to as the ``Knoxville Area'' or ``Area'') for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time of designation, the Knoxville Area was classified as a marginal nonattainment area for the 2008 8-hour ozone NAAQS. On March 6, 2015, EPA finalized a rule entitled ``Implementation of the 2008 National Ambient Air Quality Standards for [[Page 68449]] Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule) that establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. This rule establishes nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA, including an attainment date three years after the July 20, 2012, effective date, for areas classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the attainment date for the Knoxville Area is July 20, 2015.\2\ On July 13, 2015, EPA determined that the Area had attained the 2008 8-hour ozone NAAQS and redesignated the Area to attainment. See 80 FR 39970. --------------------------------------------------------------------------- \1\ The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. \2\ On August 27, 2015, EPA proposed to determine that the Area attained the standard by the attainment date. 80 FR 51992. --------------------------------------------------------------------------- Ground level ozone is not emitted directly into the air, but is created by chemical reactions between NOX and VOC in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Section 182(a)(3)(B) of the CAA requires each state with ozone nonattainment areas to submit a SIP revision requiring annual emissions statements to be submitted to the state by the owner or operator of each NOX or VOC stationary source \3\ located within a nonattainment area showing the actual emissions of NOX and VOC from that source. The first statement is due three years from the area's nonattainment designation, and subsequent statements are due at least annually thereafter. The State of Tennessee satisfied the obligation to develop a nonattainment SIP revision for the Knoxville Area addressing section 182(a)(3)(B). EPA approved the State's SIP revision addressing emissions statement requirements for the 2008 8- hour ozone standard on March 5, 2015. See 80 FR 11974. --------------------------------------------------------------------------- \3\ A state may waive the emissions statements requirement for any class or category of stationary sources which emit less than 25 tons per year of VOCs or NOX if the state meets the requirements of section 182(a)(3)(B)(ii). --------------------------------------------------------------------------- The Knox County Air Pollution Control Board (County Board) adopted a new regulation, Knox County Air Quality Management Regulation Section 26.5.C--Emissions Statement, on October 16, 2013, requiring certain sources to report actual emissions of VOC and NOX to the County Department annually and amended that regulation on January 21, 2015, to more closely reflect the Tennessee emissions statements requirements for the 2008 8-hour ozone standard in Tennessee Air Pollution Control Regulation 1200-3-18ndash;.02--General Provisions and Applicability. EPA is approving the portion of the March 14, 2014, SIP submittal containing the version of Section 26.5.C adopted by the County Board on October 16, 2013, and the May 14, 2015, SIP submittal containing the revisions to Section 26.5.C adopted by the County Board on January 21, 2015. More information on EPA's analysis of the SIP revisions is provided below. II. Analysis of State's Submittal The March 14, 2014, and May 14, 2015, submittals seek to add Knox County Air Quality Management Regulation Section 26.5.C to the Knox County portion of the Tennessee SIP. EPA initially approved Knox County Air Quality Management Regulation Section 26.5--Monitoring, Recording, and Reporting of Source Emissions, into the Tennessee SIP in 1972. See 37 FR 10842 (May 31, 1972). Knox County is amending Section 26.5 to include Section 26.5.C--Emissions Statement that reflects the State of Tennessee's SIP-approved emissions statement requirements in Tennessee Air Pollution Control Regulation 1200-3-18-.02. Section 26.5.C requires owners and operators of sources with actual emissions of 25 tons per year or more of VOC or NOX to submit annual reports of actual emissions to the County Department. Tennessee's May 14, 2015, SIP submittal contains the County Board's January 21, 2015, revisions to Section 26.5.C. that modify the submission deadline and include more detailed certification requirements. The revisions set a June 15 deadline to submit emissions statements to the County Department for 2015 and a March 31 deadline for 2016 and beyond. The revisions also require that an official of the company sign the report, certifying that the information and data contained in the report is accurate to the best knowledge of the individual certifying the report. EPA has determined that these SIP submissions meet the requirements of the CAA. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Knox County Air Quality Management Regulation Section 26.0 entitled ``Monitoring, Recording, and Reporting'', effective January 21, 2015, addressing annual emissions statements for certain VOC and NOX sources in Knox County. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 4 office (see the ADDRESSES section of this preamble for more information). IV. Final Action EPA is approving the portion of the March 14, 2014, SIP submittal containing the version of Section 26.5.C adopted by the County Board on October 16, 2013, and the May 14, 2015, SIP submittal containing the revisions to Section 26.5.C adopted by the County Board on January 21, 2015. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective January 4, 2016 without further notice unless the Agency receives adverse comments by December 7, 2015. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on January 4, 2016 and no further action will be taken on the proposed rule. 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 [[Page 68450]] the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 20, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart RR--Tennessee 0 2. Section 52.2220(c), is amended under Table 3--EPA Approved Knox County, Regulations by revising the entry for ``Section 26.0'' to read as follows: Sec. 52.2220 Identification of plan. * * * * * (c) * * * Table 3--EPA Approved Knox County, Regulations ---------------------------------------------------------------------------------------------------------------- State State section Title/Subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.0...................... Monitoring, Recording, 1/21/2015 11/5/2015 [Insert and Reporting. citation of Federal Register]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [[Page 68451]] [FR Doc. 2015-28105 Filed 11-4-15; 8:45 am] BILLING CODE 6560-50-P
![68448 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION and Toxics Management Division, U.S. Implementation Branch, Air, Pesticides
AGENCY Environmental Protection Agency, and Toxics Management Division, U.S.
Region 4, 61 Forsyth Street SW., Environmental Protection Agency,
40 CFR Part 52 Atlanta, Georgia 30303–8960. Such Region 4, 61 Forsyth Street SW.,
[EPA–R04–OAR–2015–0456; FRL–9936–57– deliveries are only accepted during the Atlanta, Georgia 30303–8960. EPA
Region 4] Regional Office’s normal hours of requests that if at all possible, you
operation. The Regional Office’s official contact the person listed in the FOR
Air Plan Approval; TN; Knox County hours of business are Monday through FURTHER INFORMATION CONTACT section to
Emissions Statements Friday, 8:30 a.m. to 4:30 p.m., excluding schedule your inspection. The Regional
Federal holidays. Office’s official hours of business are
AGENCY: Environmental Protection Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to
Agency (EPA). Docket ID No. ‘‘EPA–R04–OAR–2015– 4:30 p.m., excluding Federal holidays.
ACTION: Direct final rule. 0456’’. EPA’s policy is that all FOR FURTHER INFORMATION CONTACT:
comments received will be included in Tiereny Bell, Air Regulatory
SUMMARY: The Environmental Protection
the public docket without change and Management Section, Air Planning and
Agency (EPA) is taking direct final may be made available online at
action to approve changes to the Implementation Branch, Air, Pesticides
www.regulations.gov, including any and Toxics Management Division, U.S.
Tennessee state implementation plan personal information provided, unless
(SIP) submitted by the State of Environmental Protection Agency,
the comment includes information Region 4, 61 Forsyth Street SW.,
Tennessee, through the Tennessee claimed to be Confidential Business
Department of Environment and Atlanta, Georgia 30303–8960. Ms. Bell
Information (CBI) or other information can be reached at (404) 562–9088 or via
Conservation (TDEC) on behalf of the whose disclosure is restricted by statute.
Knox County Department of Air Quality email at bell.tiereny@epa.gov.
Do not submit through
Management (County Department), on www.regulations.gov or email, SUPPLEMENTARY INFORMATION:
March 14, 2014, and May 14, 2015, that information that you consider to be CBI I. Background
require certain sources in Knox County, or otherwise protected. The
Tennessee, to report actual emissions of www.regulations.gov Web site is an On March 12, 2008, EPA promulgated
volatile organic compounds (VOC) and ‘‘anonymous access’’ system, which revised 8-hour ozone national ambient
oxides of nitrogen (NOX) to the County means EPA will not know your identity air quality standards (NAAQS) of 0.075
Department annually. These changes or contact information unless you parts per million (ppm). See 73 FR
amend the Knox County Air Quality provide it in the body of your comment. 16436 (March 27, 2008). Under EPA’s
Management Regulations in the Knox If you send an email comment directly regulations at 40 CFR part 50, the 2008
County portion of the Tennessee SIP to to EPA without going through 8-hour ozone NAAQS is attained when
reflect the State of Tennessee’s SIP- www.regulations.gov, your email the 3-year average of the annual fourth-
approved emissions statement address will be automatically captured highest daily maximum 8-hour average
requirements for Knox County. This and included as part of the comment ambient air quality ozone
action is being taken pursuant to the that is placed in the public docket and concentrations is less than or equal to
Clean Air Act (CAA or Act) and its made available on the Internet. If you 0.075 ppm. See 40 CFR 50.15. Ambient
implementing regulations. submit an electronic comment, EPA air quality monitoring data for the 3-
DATES: This direct final rule is effective recommends that you include your year period must meet a data
January 4, 2016 without further notice, name and other contact information in completeness requirement. The ambient
unless EPA receives adverse comment the body of your comment and with any air quality monitoring data
by December 7, 2015. If EPA receives disk or CD–ROM you submit. If EPA completeness requirement is met when
such comments, it will publish a timely cannot read your comment due to the average percent of days with valid
withdrawal of the direct final rule in the technical difficulties and cannot contact ambient monitoring data is greater than
Federal Register and inform the public you for clarification, EPA may not be 90 percent, and no single year has less
that the rule will not take effect. able to consider your comment. than 75 percent data completeness as
ADDRESSES: Submit your comments, Electronic files should avoid the use of determined in Appendix I of part 50.
identified by Docket ID No. EPA–R04– special characters, any form of Upon promulgation of a new or
OAR–2015–0456 by one of the following encryption, and be free of any defects or revised NAAQS, the CAA requires EPA
methods: viruses. For additional information to designate as nonattainment any area
1. www.regulations.gov: Follow the about EPA’s public docket visit the EPA that is violating the NAAQS, based on
on-line instructions for submitting Docket Center homepage at http:// the three most recent years of ambient
comments. www.epa.gov/epahome/dockets.htm. air quality data at the conclusion of the
2. Email: R4-ARMS@epa.gov. Docket: All documents in the designation process. EPA designated
3. Fax: (404) 562–9019. electronic docket are listed in the Blount and Knox Counties in Tennessee
4. Mail: ‘‘EPA–R04–OAR–2015– www.regulations.gov index. Although as a nonattainment area (hereinafter
0456’’, Air Regulatory Management listed in the index, some information referred to as the ‘‘Knoxville Area’’ or
Section (formerly Regulatory may not be publicly available, i.e., CBI ‘‘Area’’) for the 2008 8-hour ozone
Development Section), Air Planning and or other information whose disclosure is NAAQS on April 30, 2012 (effective July
Implementation Branch, Air, Pesticides restricted by statute. Certain other 20, 2012) using 2008–2010 ambient air
and Toxics Management Division, U.S. material, such as copyrighted material, quality data. See 77 FR 30088 (May 21,
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Environmental Protection Agency, is not placed on the Internet and will be 2012). At the time of designation, the
Region 4, 61 Forsyth Street SW., publicly available only in hard copy Knoxville Area was classified as a
Atlanta, Georgia 30303–8960. form. Publicly available docket marginal nonattainment area for the
5. Hand Delivery or Courier: Lynorae materials are available either 2008 8-hour ozone NAAQS. On March
Benjamin, Chief, Air Regulatory electronically in www.regulations.gov or 6, 2015, EPA finalized a rule entitled
Management Section, Air Planning and in hard copy at the Air Regulatory ‘‘Implementation of the 2008 National
Implementation Branch, Air, Pesticides Management Section, Air Planning and Ambient Air Quality Standards for
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the CAA. Accordingly, this action practicable and legally permissible objections to this direct final rule are
merely approves state law as meeting methods, under Executive Order 12898 encouraged to file a comment in
Federal requirements and does not (59 FR 7629, February 16, 1994). response to the parallel notice of
impose additional requirements beyond In addition, the SIP is not approved proposed rulemaking for this action
those imposed by state law. For that to apply on any Indian reservation land published in the proposed rules section
reason, this action: or in any other area where EPA or an of today’s Federal Register, rather than
• Is not a significant regulatory action Indian tribe has demonstrated that a file an immediate petition for judicial
subject to review by the Office of tribe has jurisdiction. In those areas of review of this direct final rule, so that
Management and Budget under Indian country, the rule does not have EPA can withdraw this direct final rule
Executive Order 12866 (58 FR 51735, tribal implications as specified by and address the comment in the
October 4, 1993) and 13563 (76 FR 3821, Executive Order 13175 (65 FR 67249, proposed rulemaking. This action may
January 21, 2011); November 9, 2000), nor will it impose not be challenged later in proceedings to
• does not impose an information substantial direct costs on tribal enforce its requirements. See section
collection burden under the provisions governments or preempt tribal law. 307(b)(2).
of the Paperwork Reduction Act (44 The Congressional Review Act, 5
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
• is certified as not having a Business Regulatory Enforcement Environmental protection, Air
significant economic impact on a Fairness Act of 1996, generally provides pollution control, Incorporation by
substantial number of small entities that before a rule may take effect, the reference, Intergovernmental relations,
under the Regulatory Flexibility Act (5 agency promulgating the rule must Nitrogen dioxide, Ozone, Reporting and
U.S.C. 601 et seq.); submit a rule report, which includes a recordkeeping requirements, Volatile
• does not contain any unfunded copy of the rule, to each House of the organic compounds.
mandate or significantly or uniquely Congress and to the Comptroller General
of the United States. EPA will submit a Dated: October 20, 2015.
affect small governments, as described
in the Unfunded Mandates Reform Act report containing this action and other Heather McTeer Toney,
of 1995 (Pub. L. 104–4); required information to the U.S. Senate, Regional Administrator, Region 4.
• does not have Federalism the U.S. House of Representatives, and 40 CFR part 52 is amended as follows:
implications as specified in Executive the Comptroller General of the United
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in PART 52—APPROVAL AND
1999); the Federal Register. A major rule PROMULGATION OF
• is not an economically significant cannot take effect until 60 days after it IMPLEMENTATION PLANS
regulatory action based on health or is published in the Federal Register.
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). continues to read as follows:
• is not a significant regulatory action Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR petitions for judicial review of this
28355, May 22, 2001); action must be filed in the United States Subpart RR—Tennessee
• is not subject to requirements of Court of Appeals for the appropriate
Section 12(d) of the National circuit by January 4, 2016. Filing a ■ 2. Section 52.2220(c), is amended
Technology Transfer and Advancement petition for reconsideration by the under Table 3—EPA Approved Knox
Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not County, Regulations by revising the
application of those requirements would affect the finality of this action for the entry for ‘‘Section 26.0’’ to read as
be inconsistent with the CAA; and purposes of judicial review nor does it follows:
• does not provide EPA with the extend the time within which a petition
discretionary authority to address, as for judicial review may be filed, and § 52.2220 Identification of plan.
appropriate, disproportionate human shall not postpone the effectiveness of * * * * *
health or environmental effects, using such rule or action. Parties with (c) * * *
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State effective
State section Title/Subject EPA approval date Explanation
date
* * * * * * *
26.0 ............. Monitoring, Recording, and Reporting ............. 1/21/2015 11/5/2015 [Insert citation of Federal Register].
* * * * * * *
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![Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68451
* * * * * rules and correct contradictory • Revisions to LAC 33:III.615 as
[FR Doc. 2015–28105 Filed 11–4–15; 8:45 am] language. Specific proposed revisions submitted on January 27, 2003 and
BILLING CODE 6560–50–P address the assessment and validation August 14, 2009; and
of a facility’s emissions inventory • The removal of the Union Carbide
values. Further, the amendments revise Bubble Permit in Hahnville, Louisiana,
ENVIRONMENTAL PROTECTION the SIP rules to conform to the latest as submitted on July 20, 2007, at 40 CFR
AGENCY changes to Louisiana laws including 52.970(d) to reflect the rescission of the
making changes to the Louisiana NNSR permit by LDEQ.
40 CFR Part 52 and PSD permitting programs reflecting The EPA is finding that the May 16,
[EPA–R06–OAR–2006–0131; FRL–9936–45– the requirements found in the federal 2011, revisions to the Louisiana NNSR
Region 6] NSR Reform Program SIP rules. The program at LAC 33:III.504 address all
changes also define, for NNSR purposes, required NNSR elements for the
Approval and Promulgation of the parishes that have been designated implementation of the 1997 and 2006
Implementation Plans; Louisiana; as non-attainment for ozone. Finally, PM2.5 NAAQS. We note that the
Major Source Permitting State this action addresses eight rule changes Louisiana NNSR program does not
Implementation Plan for baseline actual emissions and include regulation of volatile organic
projected actual emissions definitions. compounds and ammonia as PM2.5
AGENCY: Environmental Protection
This action is being taken under section precursors. However, as section 189(e)
Agency (EPA).
110 of the Act. We did not receive any of the Act requires regulation of PM2.5
ACTION: Final rule.
comments regarding our proposal. precursors that significantly contribute
SUMMARY: The Environmental Protection to PM2.5 levels ‘‘which exceed the
Agency (EPA) is approving portions of II. Final Action standard in the area’’ and Louisiana
revisions to the Louisiana New Source We are approving portions of SIP does not have a designated PM2.5
Review (NSR) State Implementation submittals for the State of Louisiana nonattainment area; the revisions
Plan (SIP) submitted by the Louisiana submitted on July 25, 1997, June 22, addressing only sulfur dioxide and
Department of Environmental Quality. 1998, February 2, 2000, January 27, nitrogen oxides are not inconsistent
These revisions are updates to the 2003, June 15, 2005, December 20, 2005, with the requirements of the CAA. In
Prevention of Significant Deterioration May 5, 2006, July 20, 2007, November the event that an area is designated
(PSD) and Nonattainment NSR (NNSR) 9, 2007, August 14, 2009, May 16, 2011, nonattainment for the 2012 PM2.5
permit programs. and February 27, 2013, to address air NAAQS or any other future PM2.5
DATES: This rule is effective on permit procedure revisions, ERC NAAQS, Louisiana will have a deadline
December 7, 2015. banking revisions, Baton Rouge Severe under section 189(a)(2) of the CAA to
Area rule update revisions, NSR reform make a submission addressing the
ADDRESSES: The Environmental
revisions, rescission of the alternative statutory requirements as to that area,
Protection Agency (EPA) has established
emission reduction plan for Union including the requirements in section
a docket for this action under Docket ID
Carbide Corporation Taft Plant, 189(e) that apply to the regulation of
No. EPA–R06–OAR–2006–0131. All
revisions for Particulate Matter 2.5 PM2.5 precursors.
documents in the docket are listed on This action is being taken under
the http://www.regulations.gov Web (PM2.5) National Ambient Air Quality
Standards (NAAQS), and an update of section 110 of the Act.
site. Although listed in the index, some
information is not publicly available, PM2.5 increments. We approve the III. Incorporation by Reference
e.g., Confidential Business Information portions of the SIP submittals that meet
In this rule, we are finalizing
or other information whose disclosure is CAA requirements. Specifically, we are
regulatory text that includes
restricted by statute. Certain other approving the following revisions to the
incorporation by reference. In
material, such as copyrighted material, Louisiana SIP:
accordance with the requirements of 1
is not placed on the Internet and will be • Revisions to LAC 33:III.501 as CFR 51.5, we are finalizing the
publicly available only in hard copy submitted on July 25, 1997; incorporation by reference of the
form. Publicly available docket • Revisions to LAC 33:III.504 as revisions to the Louisiana regulations as
materials are available either submitted on June 15, 2005; December described in the Final Action section
electronically through http:// 20, 2005; May 5, 2006; November 9, above. We have made, and will continue
www.regulations.gov or in hard copy at 2007; August 14, 2009; and May 16, to make, these documents generally
the EPA Region 6, 1445 Ross Avenue, 2011; available electronically through
Suite 700, Dallas, Texas 75202–2733. • Revisions to LAC 33:III.509 as www.regulations.gov and/or in hard
FOR FURTHER INFORMATION CONTACT: submitted on July 25, 1997; June 22, copy at the EPA Region 6 office.
Stephanie Kordzi, 214–665–7520, 1998; January 27, 2003; February 2,
skordzi@gmail.com. 2000; December 20, 2005; May 5, 2006; IV. Statutory and Executive Order
November 9, 2007; May 16, 2011; and Reviews
SUPPLEMENTARY INFORMATION:
Throughout this document wherever February 27, 2013; Under the Clean Air Act, the
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean • Revisions to LAC 33:III.603 as Administrator is required to approve a
the EPA. submitted on February 2, 2000; and SIP submission that complies with the
August 14, 2009; provisions of the Act and applicable
I. Background • Revisions to LAC 33:III.605 as Federal regulations. 42 U.S.C. 7410(k);
jstallworth on DSK7TPTVN1PROD with RULES
The background for this action is submitted on August 14, 2009; 40 CFR 52.02(a). Thus, in reviewing SIP
discussed in detail in our August 19, • Revisions to LAC 33:III.607 as submissions, the EPA’s role is to
2015, proposal (80 FR 50240). In that submitted on November 9, 2007 and approve state choices, provided that
document, we proposed to approve August 14, 2009; they meet the criteria of the Clean Air
portions of SIP submittals for the State • Revisions to LAC 33:III.613 as Act. Accordingly, this action merely
of Louisiana. These amendments submitted on January 27, 2003 and May approves state law as meeting Federal
provide clarity to the SIP-approved 5, 2006; requirements and does not impose
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| 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 | Direct final rule. | |
| Dates | This direct final rule is effective January 4, 2016 without further notice, unless EPA receives adverse comment by December 7, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached at (404) 562-9088 or via email at [email protected] | |
| FR Citation | 80 FR 68448 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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