81 FR 23639 - Air Plan Approval; Tennessee: Knox County VOC Limits Revision for Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 78 (April 22, 2016)
Federal Register Volume 81, Issue 78 (April 22, 2016)
| Page Range | 23639-23640 | |
| FR Document | 2016-09159 |
[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)] [Rules and Regulations] [Pages 23639-23640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09159] [[Page 23639]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0618; FRL-9945-22-Region 4] Air Plan Approval; Tennessee: Knox County VOC Limits Revision for Permits AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a portion of a revision to the Tennessee State Implementation Plan (SIP) submitted on March 14, 2014, by the State of Tennessee, through the Tennessee Department of Environmental Conservation (TDEC) on behalf of the Knox County Department of Air Quality Management (Knox County) to address changes to a Knox County regulation regarding permits. EPA has determined that Tennessee's requested SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act). DATES: This direct final rule is effective June 21, 2016 without further notice, unless EPA receives adverse comment by May 23, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0618 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Zuri Farngalo or D. Brad Akers, 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. Mr. Farngalo can be reached at (404) 562-9152 and via electronic mail at [email protected]. Mr. Akers can be reached at (404) 562-9089 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 14, 2014, TDEC submitted to EPA several revisions to the Knox County portion of the Tennessee SIP. At this time, EPA is acting on one portion of the submittal: Section 25 of the Knox County Air Quality Management Regulations, Permits, has been revised to add regulations that streamline the permitting process for sources that have the potential to emit volatile organic compounds (VOC), and EPA is approving the incorporation of that revision into the Tennessee SIP. The submittal also included revisions to section 25.6, adding a permit exemption, and to section 26.5, adding a requirement that certain sources of oxides of nitrogen and VOC submit an annual emissions statement. The revision to section 25.6 was withdrawn from the submittal in an August 7, 2015, letter sent to EPA by TDEC on behalf of Knox County, a copy of which is included in the Docket for today's action. EPA approved the revision to section 26.5 on November 5, 2015. See 80 FR 68448. Therefore, today's final rule completes EPA's action with respect to the March 14, 2014, submittal. II. Analysis of Tennessee's Submittal The portion of Tennessee's March 14, 2014, SIP submittal that EPA is approving today is the addition to the Knox County Air Quality Management Regulations of section 25.11, Limiting a Source's Potential to Emit of VOC by Recordkeeping, which sets forth recordkeeping and reporting requirements for a source that has the potential to emit above the major-source threshold but that prefers to be a synthetic minor source (i.e., to accept limits lower than the major-source threshold of 100 tons per year). Section 25.11 establishes a three- tiered system of recordkeeping and reporting requirements, whereby sources that elect to set their limits at the highest threshold have the most stringent requirements and sources that opt for the lowest threshold have the least stringent requirements. These changes are consistent with ``Guidance for State Rules for Optional Federally- Enforceable Emissions Limits Based on Volatile Organic Compound (VOC) Use'' and ``Potential to Emit (PTE) Guidance for Specific Source Categories,'' which are both EPA memoranda issued by the Office of Air Quality Planning Standards. EPA has reviewed Tennessee's requested changes to the Knox County Air Quality Management Regulations, and has concluded that the addition of Section 25.11 is consistent with 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 Regulations section 25.11, Limiting a Source's Potential to Emit of VOC by Recordkeeping. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Final Action EPA is approving a portion of Tennessee's March 14, 2014, SIP revision addressing changes to a Knox County regulation regarding permits. 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 June 21, 2016 without further notice unless the Agency receives adverse comments by May 23, 2016. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 21, 2016 and no further action will be taken on the proposed rule. [[Page 23640]] 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 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 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. 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 June 21, 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 6, 2016. 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. In Sec. 52.2220, table 3 in paragraph (c) is amended by revising the entry for ``Section 25.0'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * 25.0.................... Permits............... 3/12/2014 4/22/2016 [Insert ...................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-09159 Filed 4-21-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 23639
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Zuri stringent requirements. These changes
AGENCY Farngalo or D. Brad Akers, Air are consistent with ‘‘Guidance for State
Regulatory Management Section, Air Rules for Optional Federally-
40 CFR Part 52 Planning and Implementation Branch, Enforceable Emissions Limits Based on
[EPA–R04–OAR–2015–0618; FRL–9945–22– Air, Pesticides and Toxics Management Volatile Organic Compound (VOC) Use’’
Region 4] Division, U.S. Environmental Protection and ‘‘Potential to Emit (PTE) Guidance
Agency, Region 4, 61 Forsyth Street for Specific Source Categories,’’ which
Air Plan Approval; Tennessee: Knox SW., Atlanta, Georgia 30303–8960. Mr. are both EPA memoranda issued by the
County VOC Limits Revision for Farngalo can be reached at (404) 562– Office of Air Quality Planning
Permits 9152 and via electronic mail at Standards. EPA has reviewed
farngalo.zuri@epa.gov. Mr. Akers can be Tennessee’s requested changes to the
AGENCY: Environmental Protection reached at (404) 562–9089 and via Knox County Air Quality Management
Agency. electronic mail at akers.brad@epa.gov. Regulations, and has concluded that the
ACTION: Direct final rule.
SUPPLEMENTARY INFORMATION: addition of Section 25.11 is consistent
SUMMARY: The Environmental Protection with the CAA.
I. Background
Agency (EPA) is taking direct final III. Incorporation by Reference
action to approve a portion of a revision On March 14, 2014, TDEC submitted
to the Tennessee State Implementation to EPA several revisions to the Knox In this rule, EPA is finalizing
Plan (SIP) submitted on March 14, 2014, County portion of the Tennessee SIP. At regulatory text that includes
by the State of Tennessee, through the this time, EPA is acting on one portion incorporation by reference. In
Tennessee Department of of the submittal: Section 25 of the Knox accordance with requirements of 1 CFR
Environmental Conservation (TDEC) on County Air Quality Management 51.5, EPA is finalizing the incorporation
behalf of the Knox County Department Regulations, Permits, has been revised by reference of Knox County Air Quality
of Air Quality Management (Knox to add regulations that streamline the Management Regulations section 25.11,
County) to address changes to a Knox permitting process for sources that have Limiting a Source’s Potential to Emit of
County regulation regarding permits. the potential to emit volatile organic VOC by Recordkeeping. The EPA has
EPA has determined that Tennessee’s compounds (VOC), and EPA is made, and will continue to make, these
requested SIP revision is consistent with approving the incorporation of that documents generally available
the applicable provisions of the Clean revision into the Tennessee SIP. The electronically through
Air Act (CAA or Act). submittal also included revisions to www.regulations.gov and/or in hard
section 25.6, adding a permit copy at the appropriate EPA office (see
DATES: This direct final rule is effective
exemption, and to section 26.5, adding the ADDRESSES section of this preamble
June 21, 2016 without further notice,
a requirement that certain sources of for more information).
unless EPA receives adverse comment
oxides of nitrogen and VOC submit an
by May 23, 2016. If EPA receives such IV. Final Action
annual emissions statement. The
comments, it will publish a timely
revision to section 25.6 was withdrawn
withdrawal of the direct final rule in the EPA is approving a portion of
from the submittal in an August 7, 2015,
Federal Register informing the public Tennessee’s March 14, 2014, SIP
letter sent to EPA by TDEC on behalf of
that the rule will not take effect. revision addressing changes to a Knox
Knox County, a copy of which is
ADDRESSES: Submit your comments, County regulation regarding permits.
included in the Docket for today’s
identified by Docket ID No. EPA–R04– EPA is publishing this rule without
action. EPA approved the revision to
OAR–2015–0618 at http:// prior proposal because the Agency
section 26.5 on November 5, 2015. See
www.regulations.gov. Follow the online views this as a noncontroversial
80 FR 68448. Therefore, today’s final
instructions for submitting comments. submittal and anticipates no adverse
rule completes EPA’s action with
Once submitted, comments cannot be comments. However, in the proposed
respect to the March 14, 2014,
edited or removed from Regulations.gov. submittal. rules section of this Federal Register
EPA may publish any comment received publication, EPA is publishing a
to its public docket. Do not submit II. Analysis of Tennessee’s Submittal separate document that will serve as the
electronically any information you The portion of Tennessee’s March 14, proposal to approve the SIP revision
consider to be Confidential Business 2014, SIP submittal that EPA is should adverse comments be filed. This
Information (CBI) or other information approving today is the addition to the rule will be effective June 21, 2016
whose disclosure is restricted by statute. Knox County Air Quality Management without further notice unless the
Multimedia submissions (audio, video, Regulations of section 25.11, Limiting a Agency receives adverse comments by
etc.) must be accompanied by a written Source’s Potential to Emit of VOC by May 23, 2016.
comment. The written comment is Recordkeeping, which sets forth If EPA receives such comments, then
considered the official comment and recordkeeping and reporting EPA will publish a document
should include discussion of all points requirements for a source that has the withdrawing the final rule and
you wish to make. EPA will generally potential to emit above the major-source informing the public that the rule will
not consider comments or comment threshold but that prefers to be a not take effect. All public comments
contents located outside of the primary synthetic minor source (i.e., to accept received will then be addressed in a
submission (i.e. on the web, cloud, or limits lower than the major-source subsequent final rule based on the
asabaliauskas on DSK3SPTVN1PROD with RULES
other file sharing system). For threshold of 100 tons per year). Section proposed rule. EPA will not institute a
additional submission methods, the full 25.11 establishes a three-tiered system second comment period. Parties
EPA public comment policy, of recordkeeping and reporting interested in commenting should do so
information about CBI or multimedia requirements, whereby sources that at this time. If no such comments are
submissions, and general guidance on elect to set their limits at the highest received, the public is advised that this
making effective comments, please visit threshold have the most stringent rule will be effective on June 21, 2016
http://www2.epa.gov/dockets/ requirements and sources that opt for and no further action will be taken on
commenting-epa-dockets. the lowest threshold have the least the proposed rule.
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![23640 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations
V. Statutory and Executive Order Technology Transfer and Advancement purposes of judicial review nor does it
Reviews Act of 1995 (15 U.S.C. 272 note) because extend the time within which a petition
Under the CAA, the Administrator is application of those requirements would for judicial review may be filed, and
required to approve a SIP submission be inconsistent with the CAA; and shall not postpone the effectiveness of
• Does not provide EPA with the such rule or action. Parties with
that complies with the provisions of the
discretionary authority to address, as objections to this direct final rule are
Act and applicable federal regulations.
appropriate, disproportionate human encouraged to file a comment in
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
health or environmental effects, using response to the parallel notice of
Thus, in reviewing SIP submissions,
practicable and legally permissible proposed rulemaking for this action
EPA’s role is to approve state choices,
methods, under Executive Order 12898 published in the proposed rules section
provided that they meet the criteria of (59 FR 7629, February 16, 1994).
the CAA. Accordingly, this action of today’s Federal Register, rather than
The SIP is not approved to apply on file an immediate petition for judicial
merely approves state law as meeting any Indian reservation land or in any
federal requirements and does not review of this direct final rule, so that
other area where EPA or an Indian tribe EPA can withdraw this direct final rule
impose additional requirements beyond has demonstrated that a tribe has
those imposed by state law. For that and address the comment in the
jurisdiction. In those areas of Indian proposed rulemaking. This action may
reason, this action: country, the rule does not have tribal
• Is not a significant regulatory action not be challenged later in proceedings to
implications as specified by Executive enforce its requirements. See section
subject to review by the Office of Order 13175 (65 FR 67249, November 9,
Management and Budget under 307(b)(2).
2000), nor will it impose substantial
Executive Orders 12866 (58 FR 51735, direct costs on tribal governments or List of Subjects in 40 CFR Part 52
October 4, 1993) and 13563 (76 FR 3821, preempt tribal law.
January 21, 2011); Environmental protection, Air
The Congressional Review Act, 5 pollution control, Incorporation by
• Does not impose an information U.S.C. 801 et seq., as added by the Small
collection burden under the provisions reference, Intergovernmental relations,
Business Regulatory Enforcement Reporting and recordkeeping
of the Paperwork Reduction Act Fairness Act of 1996, generally provides
(44 U.S.C. 3501 et seq.); requirements, Volatile organic
that before a rule may take effect, the
• Is certified as not having a compounds.
agency promulgating the rule must
significant economic impact on a submit a rule report, which includes a Dated: April 6, 2016.
substantial number of small entities copy of the rule, to each House of the Heather McTeer Toney,
under the Regulatory Flexibility Act Congress and to the Comptroller General Regional Administrator, Region 4.
(5 U.S.C. 601 et seq.); of the United States. EPA will submit a
• Does not contain any unfunded 40 CFR part 52 is amended as follows:
report containing this action and other
mandate or significantly or uniquely required information to the U.S. Senate, PART 52—APPROVAL AND
affect small governments, as described the U.S. House of Representatives, and PROMULGATION OF
in the Unfunded Mandates Reform Act the Comptroller General of the United IMPLEMENTATION PLANS
of 1995 (Pub. L. 104–4); States prior to publication of the rule in
• Does not have Federalism the Federal Register. A major rule ■ 1. The authority citation for part 52
implications as specified in Executive cannot take effect until 60 days after it continues to read as follows:
Order 13132 (64 FR 43255, August 10, is published in the Federal Register.
Authority: 42 U.S.C. 7401 et seq.
1999); This action is not a ‘‘major rule’’ as
• Is not an economically significant defined by 5 U.S.C. 804(2). Subpart RR—Tennessee
regulatory action based on health or Under section 307(b)(1) of the CAA,
safety risks subject to Executive Order petitions for judicial review of this ■ 2. In § 52.2220, table 3 in paragraph
13045 (62 FR 19885, April 23, 1997); action must be filed in the United States (c) is amended by revising the entry for
• Is not a significant regulatory action Court of Appeals for the appropriate ‘‘Section 25.0’’ to read as follows:
subject to Executive Order 13211 (66 FR circuit by June 21, 2016. Filing a
28355, May 22, 2001); petition for reconsideration by the § 52.2220 Identification of plan.
• Is not subject to requirements of Administrator of this final rule does not * * * * *
Section 12(d) of the National affect the finality of this action for the (c) * * *
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State effective
State section Title/subject EPA approval date Explanation
date
* * * * * * *
25.0 .............. Permits ............................................ 3/12/2014 4/22/2016 [Insert Federal Register
citation].
* * * * * * *
asabaliauskas on DSK3SPTVN1PROD with RULES
* * * * *
[FR Doc. 2016–09159 Filed 4–21–16; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2017-08-22 23:37:23
Document Modified: 2017-08-22 23:37:23
| 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 June 21, 2016 without further notice, unless EPA receives adverse comment by May 23, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Zuri Farngalo or D. Brad Akers, 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. Mr. Farngalo can be reached at (404) 562-9152 and via electronic mail at [email protected] Mr. Akers can be reached at (404) 562-9089 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 23639 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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