81 FR 44210 - Air Plan Approval and Air Quality Designation; TN; Redesignation of the Sullivan County Lead Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 130 (July 7, 2016)
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44210-44212 | |
| FR Document | 2016-16002 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Rules and Regulations] [Pages 44210-44212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16002] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2012-0323; FRL-9948-68-Region 4] Air Plan Approval and Air Quality Designation; TN; Redesignation of the Sullivan County Lead Nonattainment Area to Attainment AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On July 15, 2015, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS) and an associated State Implementation Plan (SIP) revision containing a maintenance plan and a reasonably available control measures (RACM) determination for the Area. EPA is taking the following separate final actions related to the July 15, 2015, redesignation request and SIP revision: Determining that the Bristol Area is continuing to attain the 2008 lead NAAQS; approving and incorporating into the SIP the State's plan for maintaining attainment of the 2008 lead standard; approving and incorporating into the SIP the State's RACM determination; and redesignating the Bristol Area to attainment for the 2008 lead NAAQS. DATES: This rule will be effective August 8, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0323. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not 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: Sean Lakeman of 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. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On November 12, 2008, EPA promulgated a revised primary and secondary lead NAAQS of 0.15 micrograms per cubic meter ([mu]g/m\3\). See 73 FR 66964. Under EPA's regulations at 40 CFR part 50, the 2008 lead NAAQS are met when the maximum arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with appendix R of 40 CFR part 50, is less than or equal to 0.15 [mu]g/m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. EPA designated the Bristol Area as a nonattainment area for the 2008 lead NAAQS on November 22, 2010 (effective December 31, 2010), using 2007-2009 ambient air quality data. See 75 FR 71033. This established an attainment date five years after the December 31, 2010, effective date for the 2008 lead nonattainment designations pursuant to CAA section 172(a)(2)(A). Therefore, the Bristol Area's attainment date is December 31, 2015. EPA determined that Tennessee had attained the 2008 lead NAAQS prior to the attainment date and issued a Clean Data Determination on August 29, 2012 (77 FR 52232). In a notice of proposed rulemaking (NPRM) published on April 26, 2016 (81 FR 24536), EPA proposed to approve four separate but related actions: (1) To approve Tennessee's RACM determination for the Bristol Area pursuant to Clean Air Act (CAA or Act) section 172(c)(1) into the SIP; (2) to determine that the Area is continuing to attain the 2008 lead NAAQS; (3) to approve Tennessee's maintenance plan for maintaining the 2008 lead NAAQS in the Area into the SIP; and (4) to [[Page 44211]] redesignate the Area. No comments were received on the April 26, 2016, proposed rulemaking. The details of Tennessee's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 24536 (April 26, 2016). II. What are the effects of these actions? Approval of Tennessee's redesignation request changes the legal designation of the Bristol Area, found at 40 CFR 81.343, from nonattainment to attainment for the 2008 lead NAAQS. Approval of Tennessee's associated SIP revision also incorporates a plan into the SIP for maintaining the 2008 lead NAAQS in the Sullivan County (Bristol Area), Tennessee, through 2025 and a RACM determination for the Area. III. Final Action EPA is taking a number of final actions regarding Tennessee's July 15, 2015, request to redesignate the Bristol Area to attainment and associated SIP revision. First, EPA is determining that the State's Subpart 1 RACM determination for the Area meets the requirements of CAA section 172(c)(1) and incorporating this RACM determination into the SIP. Second, EPA is determining, based upon review of quality-assured and certified ambient monitoring data for the 2012-2014 period and upon review of preliminary data in Air Quality System for 2015, that the Area continues to attain the 2008 lead NAAQS following EPA's August 29, 2012, determination of attainment. Third, EPA is approving the maintenance plan for the Area and incorporating it into the SIP. Fourth, EPA is approving Tennessee's request for redesignation of the Area from nonattainment to attainment for the 2008 lead NAAQS. As mentioned above, approval of the redesignation request changes the official designation of the Bristol Area from nonattainment to attainment for the 2008 lead NAAQS. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability 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 law. For that reason, these proposed actions:Are not 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.); 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 significant regulatory actions 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). 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 September 6, 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, Lead, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: June 22, 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, the table in paragraph (e) is amended by adding the entry ``2008 Lead Maintenance Plan for the Bristol Area'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * [[Page 44212]] (e) * * * EPA-Approved Tennessee Non-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State provision or nonattainment area effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 Lead Maintenance Plan for the Bristol Area......... 7/10/2015 7/7/2016 [insert Federal Register Bristol Area. citation]. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. Subpart C--Section 107 Attainment Status Designations 0 4. In Sec. 81.343, the table entitled ``Tennessee--2008 Lead NAAQS'' is amended by revising the entry ``Bristol, TN:'' to read as follows: Sec. 81.343 Tennessee. * * * * * Tennessee--2008 Lead NAAQS ------------------------------------------------------------------------ Designation for the 2008 NAAQS \a\ Designated area ------------------------------------- Date \1\ Type ------------------------------------------------------------------------ Bristol, TN: Sullivan County (part)............ 7/7/2016 Attainment Area is bounded by a 1.25 km radius surrounding the UTM coordinates 4042923 meters E., 386267 meters N., Zone 17, which surrounds the Exide Technologies Facility. * * * * * * * ------------------------------------------------------------------------ \a\ Includes Indian Country in each county or area, except as otherwise specified. \1\ December 31, 2011 unless otherwise noted. [FR Doc. 2016-16002 Filed 7-6-16; 8:45 am] BILLING CODE 6560-50-P
![44210 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION: The Coast ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW.,
Guard will enforce the regulations in 33 AGENCY Atlanta, Georgia 30303–8960. EPA
CFR 165.1123 for a safety zone on the requests that if at all possible, you
waters of San Diego Bay, CA for the San 40 CFR Parts 52 and 81 contact the person listed in the FOR
Diego, CA POPS Fireworks Display in [EPA–R04–OAR–2012–0323; FRL–9948–68– FURTHER INFORMATION CONTACT section to
33 CFR 165.1123, Table 1, Item 1 of that Region 4] schedule your inspection. The Regional
section, from 9:00 p.m. through 10:00 Office’s official hours of business are
p.m. on specific evenings from July 1, Air Plan Approval and Air Quality Monday through Friday 8:30 a.m. to
2016 to September 4, 2016. This Designation; TN; Redesignation of the 4:30 p.m., excluding federal holidays.
enforcement action is being taken to Sullivan County Lead Nonattainment FOR FURTHER INFORMATION CONTACT:
Area to Attainment Sean Lakeman of the Air Regulatory
provide for the safety of life on
navigable waterways during the AGENCY: Environmental Protection Management Section, Air Planning and
fireworks events. Our regulation for Agency. Implementation Branch, Air, Pesticides
southern California annual fireworks ACTION: Final rule.
and Toxics Management Division, U.S.
events for the San Diego Captain of the Environmental Protection Agency,
Port Zone identifies the regulated SUMMARY: On July 15, 2015, the State of Region 4, 61 Forsyth Street SW.,
Tennessee, through the Tennessee Atlanta, Georgia 30303–8960. Mr.
entities for the events. Under the
Department of Environment and Lakeman may be reached by phone at
provisions of 33 CFR 165.1123, a vessel
Conservation (TDEC), submitted a (404) 562–9043 or via electronic mail at
may not enter the regulated area, unless request for the Environmental lakeman.sean@epa.gov.
it receives permission from the Captain Protection Agency (EPA) to redesignate SUPPLEMENTARY INFORMATION:
of the Port, or his designated the Bristol, Tennessee 2008 lead
representative. Spectator vessels may nonattainment area (hereafter referred to I. Background
safely transit outside the regulated area as the ‘‘Bristol Area’’ or the ‘‘Area’’) to On November 12, 2008, EPA
but may not anchor, block, loiter, or attainment for the 2008 lead National promulgated a revised primary and
impede the transit of participants or Ambient Air Quality Standards secondary lead NAAQS of 0.15
official patrol vessels. The Coast Guard (NAAQS) and an associated State micrograms per cubic meter (mg/m3).
may be assisted by other Federal, state, Implementation Plan (SIP) revision See 73 FR 66964. Under EPA’s
or local law enforcement agencies in containing a maintenance plan and a regulations at 40 CFR part 50, the 2008
enforcing this regulation. reasonably available control measures lead NAAQS are met when the
This document is issued under (RACM) determination for the Area. maximum arithmetic 3-month mean
EPA is taking the following separate concentration for a 3-year period, as
authority of 33 CFR 165.1123 and 5
final actions related to the July 15, 2015, determined in accordance with
U.S.C. 552(a). In addition to this
redesignation request and SIP revision: appendix R of 40 CFR part 50, is less
document in the Federal Register, the Determining that the Bristol Area is
Coast Guard will provide the maritime than or equal to 0.15 mg/m3. See 40 CFR
continuing to attain the 2008 lead 50.16. Ambient air quality monitoring
community with advance notification of NAAQS; approving and incorporating data for the 3-year period must meet a
this enforcement period via the Local into the SIP the State’s plan for data completeness requirement.
Notice to Mariners and local advertising maintaining attainment of the 2008 lead EPA designated the Bristol Area as a
by the event sponsor. standard; approving and incorporating nonattainment area for the 2008 lead
If the Captain of the Port or his into the SIP the State’s RACM NAAQS on November 22, 2010
designated representative determines determination; and redesignating the (effective December 31, 2010), using
that the regulated area need not be Bristol Area to attainment for the 2008 2007–2009 ambient air quality data. See
enforced for the full duration stated on lead NAAQS. 75 FR 71033. This established an
this document, he or she may use a DATES: This rule will be effective August attainment date five years after the
Broadcast Notice to Mariners or other 8, 2016. December 31, 2010, effective date for the
communications coordinated with the ADDRESSES: EPA has established a 2008 lead nonattainment designations
event sponsor to grant general docket for this action under Docket pursuant to CAA section 172(a)(2)(A).
permission to enter the regulated area. Identification No. EPA–R04–OAR– Therefore, the Bristol Area’s attainment
2012–0323. All documents in the docket date is December 31, 2015. EPA
Dated: June 22, 2016.
are listed on the www.regulations.gov determined that Tennessee had attained
E.M. Cooper, Web site. Although listed in the index, the 2008 lead NAAQS prior to the
Commander, U.S. Coast Guard, Acting some information is not publicly attainment date and issued a Clean Data
Captain of the Port San Diego. available, i.e., Confidential Business Determination on August 29, 2012 (77
[FR Doc. 2016–16014 Filed 7–6–16; 8:45 am] Information or other information whose FR 52232).
BILLING CODE 9110–04–P disclosure is restricted by statute. In a notice of proposed rulemaking
Certain other material, such as (NPRM) published on April 26, 2016 (81
copyrighted material, is not placed on FR 24536), EPA proposed to approve
the Internet and will be publicly four separate but related actions: (1) To
available only in hard copy form. approve Tennessee’s RACM
Publicly available docket materials are determination for the Bristol Area
available either electronically through pursuant to Clean Air Act (CAA or Act)
Lhorne on DSK30JT082PROD with RULES
www.regulations.gov or in hard copy at section 172(c)(1) into the SIP; (2) to
the Air Regulatory Management Section, determine that the Area is continuing to
Air Planning and Implementation attain the 2008 lead NAAQS; (3) to
Branch, Air, Pesticides and Toxics approve Tennessee’s maintenance plan
Management Division, U.S. for maintaining the 2008 lead NAAQS
Environmental Protection Agency, in the Area into the SIP; and (4) to
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![44212 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations
(e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP Applicable geographic or State effective EPA approval date Explanation
provision nonattainment area date
* * * * * * *
2008 Lead Maintenance Plan for Bristol Area .................................. 7/10/2015 7/7/2016 [insert Federal
the Bristol Area. Register citation].
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. amended by revising the entry ‘‘Bristol,
FOR AIR QUALITY PLANNING TN:’’ to read as follows:
Subpart C—Section 107 Attainment
PURPOSES
Status Designations § 81.343 Tennessee.
■ 3. The authority citation for part 81 ■ 4. In § 81.343, the table entitled * * * * *
continues to read as follows: ‘‘Tennessee—2008 Lead NAAQS’’ is
TENNESSEE—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1 Type
Bristol, TN:
Sullivan County (part) ................................................................................................... 7/7/2016 Attainment
Area is bounded by a 1.25 km radius surrounding the UTM coordinates 4042923
meters E., 386267 meters N., Zone 17, which surrounds the Exide Technologies
Facility.
* * * * * * *
a Includes Indian Country in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.
[FR Doc. 2016–16002 Filed 7–6–16; 8:45 am] needed to protect human life, and to Building, Room 3334, 1301 Constitution
BILLING CODE 6560–50–P require compliance with Tier 1 emission Ave. NW., Washington, DC. The Public
standards during such emergencies. The Reading Room is open from 8:30 a.m. to
EPA is also amending the standards of 4:30 p.m., Monday through Friday,
ENVIRONMENTAL PROTECTION performance for certain stationary CI excluding federal holidays. The
AGENCY internal combustion engines located in telephone number for the Public
remote areas of Alaska. Reading Room is (202) 566–1744, and
40 CFR Part 60 DATES: This final rule is effective on the telephone number for the Air Docket
[EPA–HQ–OAR–2014–0866; FRL–9948–65– September 6, 2016. is (202) 566–1742. Visit the EPA Docket
OAR] ADDRESSES: Docket: The EPA has Center homepage at http://
established a docket for this action www.epa.gov/dockets for additional
RIN 2060–AS43 information about the EPA’s public
under Docket ID No. EPA–HQ–OAR–
2014–0866. All documents in the docket docket.
Standards of Performance for In addition to being available in the
Stationary Compression Ignition are listed in the http://
www.regulations.gov index. The EPA docket, an electronic copy of this final
Internal Combustion Engines rule will be available on the World
also relies on materials in Docket ID
AGENCY: Environmental Protection Nos. EPA–HQ–OAR–2008–0708, EPA– Wide Web (WWW). Following
Agency (EPA). HQ–OAR–2010–0295, and EPA–HQ– signature, a copy of this final rule will
OAR–2011–1032, and incorporates be posted at the following address:
ACTION: Final rule.
those dockets into the record for this http://www3.epa.gov/ttn/atw/icengines.
SUMMARY: The Environmental Protection final rule. FOR FURTHER INFORMATION CONTACT: Ms.
Agency (EPA) is finalizing amendments Although listed in the index, some Melanie King, Energy Strategies Group,
to the standards of performance for information is not publicly available Sector Policies and Programs Division
stationary compression ignition (CI) (e.g., confidential business information (D243–01), Environmental Protection
internal combustion engines to allow or other information whose disclosure is Agency, Research Triangle Park, North
manufacturers to design the engines so restricted by statute). Certain other Carolina 27711; telephone number:
that operators can temporarily override material, such as copyrighted material, (919) 541–2469; facsimile number: (919)
Lhorne on DSK30JT082PROD with RULES
performance inducements related to the will be publicly available only in hard 541–5450; email address: king.melanie@
emission control system for stationary copy. Publicly available docket epa.gov.
CI internal combustion engines. The materials are available either SUPPLEMENTARY INFORMATION:
amendments apply to engines operating electronically in http:// Organization of this document. The
during emergency situations where the www.regulations.gov or in hard copy at information presented in this preamble
operation of the engine or equipment is the EPA Docket Center, EPA WJC West is organized as follows:
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Document Created: 2018-02-08 07:54:38
Document Modified: 2018-02-08 07:54:38
| 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 August 8, 2016. | |
| Contact | Sean Lakeman of 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. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 44210 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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