81 FR 91033 - Air Plan Approval; TN; Revisions to the Knox County Portion of the TN SIP
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 242 (December 16, 2016)
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 91033-91035 | |
| FR Document | 2016-30056 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Rules and Regulations] [Pages 91033-91035] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30056] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0359; FRL-9956-63-Region 4] Air Plan Approval; TN; Revisions to the Knox County Portion of the TN SIP AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on January 11, 2016. The revision was submitted by TDEC on behalf of the Knox County Department of Air Quality Management, which has jurisdiction over Knox County, Tennessee. The revision that EPA is approving amends the Knox County Air Quality Management Department's regulations, which are part of the Tennessee SIP, to address EPA's startup, shutdown, and malfunction (SSM) SIP call for Knox County. EPA is approving the January 11, 2016, SIP revision because the Agency has determined that it is in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act). DATES: This rule will be effective January 17, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0359. 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: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On May 22, 2015, EPA finalized an action (hereafter referred to as the ``SSM SIP Action'') \1\ that responded to a Sierra Club petition for rulemaking concerning state rule treatment of excess emissions by sources during periods of SSM and called for 36 states to submit corrective SIP revisions to EPA by November 22, 2016. As discussed in that action, EPA determined that Knox County Regulation 32.1(C) \2\ is inconsistent with the fundamental requirements of CAA sections 113(e)(1), 114(c) and 304 and the credible evidence rule \3\ and thus issued a SIP call requiring the State to submit a corrective SIP revision addressing this provision. See 80 FR 33965. --------------------------------------------------------------------------- \1\ See ``State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction,'' 80 FR 33839 (June 12, 2015). \2\ Knox County SIP Regulation 32.1(C) is a subsection of Section 32.0, ``Use of Evidence.'' \3\ 40 CFR 51.212(c); see also ``Credible Evidence Revisions,'' 62 FR 8314 (Feb. 24, 1997). --------------------------------------------------------------------------- On January 11, 2016, the State of Tennessee submitted a SIP revision, pursuant to a request by the Knox County Department of Air Quality Management, to address the SSM SIP Action with respect to Knox County. The revision removes the language from Knox County Regulation 32.1(C) that EPA found to be unlawful in the SSM SIP Action and replaces it with ``(Reserved).'' In a proposed rulemaking published on September 22, 2016 (81 FR 65313), EPA proposed to approve that [[Page 91034]] SIP revision. The details of Tennessee's SIP revision and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before October 24, 2016. EPA did not receive any comments on the proposed action. II. 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 Regulation Section 32.0 entitled ``Use of Evidence,'' effective November 12, 2015, which replaces the language previously included in Section 32.1(C) with ``(Reserved).'' Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\4\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is approving the Tennessee SIP revision consisting of replacing the language in Section 32.1(C) currently in the EPA-approved SIP for Knox County with ``(Reserved).'' EPA is approving the January 11, 2016 SIP revision because the Agency has determined that it is in accordance with the requirements for SIP provisions under the CAA, is otherwise consistent with the CAA, and adequately addresses the SSM SIP call with respect to the Knox County portion of the Tennessee SIP. IV. 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 February 14, 2017. 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 1, 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. Section 52.2220(c) is amended under Table 3 by revising the entry for ``32.0'' to read as follows: Sec. 52.2220 Identification of plan. * * * * * (c) * * * [[Page 91035]] Table 3--EPA Approved Knox County, Regulations ---------------------------------------------------------------------------------------------------------------- State State section Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 32.0....................... Use of Evidence...... 11/12/2015 12/16/2016, [Insert EPA is replacing the citation of language in Section publication]. 32.1(C) with ``(Reserved)''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-30056 Filed 12-15-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations 91033
For plans with a valuation Deferred annuities
Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2
* * * * * * *
279 1–1–17 2–1–17 1.25 4.00 4.00 4.00 7 8
■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum
279, as set forth below, is added to the Interest Rates for Private-Sector
table. Payments
* * * * *
For plans with a valuation Deferred annuities
Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2
* * * * * * *
279 1–1–17 2–1–17 1.25 4.00 4.00 4.00 7 8
Deborah Chase Murphy, DATES: This rule will be effective SUPPLEMENTARY INFORMATION:
Assistant General Counsel for Regulatory January 17, 2017.
Affairs, Pension Benefit Guaranty I. Background
ADDRESSES: EPA has established a
Corporation. docket for this action under Docket On May 22, 2015, EPA finalized an
[FR Doc. 2016–30098 Filed 12–15–16; 8:45 am] Identification No. EPA–R04–OAR– action (hereafter referred to as the ‘‘SSM
BILLING CODE 7709–02–P 2016–0359. All documents in the docket SIP Action’’) 1 that responded to a Sierra
are listed on the www.regulations.gov Club petition for rulemaking concerning
Web site. Although listed in the index, state rule treatment of excess emissions
ENVIRONMENTAL PROTECTION some information is not publicly by sources during periods of SSM and
AGENCY available, i.e., Confidential Business called for 36 states to submit corrective
Information or other information whose SIP revisions to EPA by November 22,
40 CFR Part 52 disclosure is restricted by statute. 2016. As discussed in that action, EPA
[EPA–R04–OAR–2016–0359; FRL–9956–63– Certain other material, such as determined that Knox County
Region 4] copyrighted material, is not placed on Regulation 32.1(C) 2 is inconsistent with
the Internet and will be publicly the fundamental requirements of CAA
Air Plan Approval; TN; Revisions to the available only in hard copy form. sections 113(e)(1), 114(c) and 304 and
Knox County Portion of the TN SIP Publicly available docket materials are the credible evidence rule 3 and thus
available either electronically through issued a SIP call requiring the State to
AGENCY: Environmental Protection submit a corrective SIP revision
Agency (EPA). www.regulations.gov or in hard copy at
the Air Regulatory Management Section, addressing this provision. See 80 FR
ACTION: Final rule. 33965.
Air Planning and Implementation
SUMMARY: The Environmental Protection Branch, Air, Pesticides and Toxics On January 11, 2016, the State of
Agency (EPA) is approving a State Management Division, U.S. Tennessee submitted a SIP revision,
Implementation Plan (SIP) revision Environmental Protection Agency, pursuant to a request by the Knox
submitted by the State of Tennessee, Region 4, 61 Forsyth Street SW., County Department of Air Quality
through the Tennessee Department of Atlanta, Georgia 30303–8960. EPA Management, to address the SSM SIP
Environment and Conservation (TDEC), requests that if at all possible, you Action with respect to Knox County.
on January 11, 2016. The revision was contact the person listed in the FOR The revision removes the language from
submitted by TDEC on behalf of the FURTHER INFORMATION CONTACT section to Knox County Regulation 32.1(C) that
Knox County Department of Air Quality schedule your inspection. The Regional EPA found to be unlawful in the SSM
Management, which has jurisdiction Office’s official hours of business are SIP Action and replaces it with
over Knox County, Tennessee. The Monday through Friday 8:30 a.m. to ‘‘(Reserved).’’ In a proposed rulemaking
revision that EPA is approving amends 4:30 p.m., excluding Federal holidays. published on September 22, 2016 (81 FR
the Knox County Air Quality FOR FURTHER INFORMATION CONTACT: 65313), EPA proposed to approve that
Management Department’s regulations, Madolyn Sanchez, Air Regulatory
1 See ‘‘State Implementation Plans: Response to
which are part of the Tennessee SIP, to Management Section, Air Planning and
asabaliauskas on DSK3SPTVN1PROD with RULES
Petition for Rulemaking; Restatement and Update of
address EPA’s startup, shutdown, and Implementation Branch, Pesticides and EPA’s SSM Policy Applicable to SIPs; Findings of
malfunction (SSM) SIP call for Knox Toxics Management Division, Region 4, Substantial Inadequacy; and SIP Calls To Amend
County. EPA is approving the January U.S. Environmental Protection Agency, Provisions Applying to Excess Emissions During
11, 2016, SIP revision because the 61 Forsyth Street SW., Atlanta, Georgia Periods of Startup, Shutdown and Malfunction,’’ 80
FR 33839 (June 12, 2015).
Agency has determined that it is in 30303–8960. Ms. Sanchez can be 2 Knox County SIP Regulation 32.1(C) is a
accordance with the requirements for reached via telephone at (404) 562–9644 subsection of Section 32.0, ‘‘Use of Evidence.’’
SIP provisions under the Clean Air Act and via electronic mail at 3 40 CFR 51.212(c); see also ‘‘Credible Evidence
(CAA or Act). sanchez.madolyn@epa.gov. Revisions,’’ 62 FR 8314 (Feb. 24, 1997).
VerDate Sep<11>2014 17:15 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/81_FR_91275/page/1.svg)
![Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations 91035
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State
State section Title/subject EPA approval date Explanation
effective date
* * * * * * *
32.0 ................... Use of Evidence ............................ 11/12/2015 12/16/2016, [Insert citation of pub- EPA is replacing the language in
lication]. Section 32.1(C) with ‘‘(Re-
served)’’.
* * * * * * *
* * * * * ADDRESSES: EPA has established a redesignate nonattainment areas to
[FR Doc. 2016–30056 Filed 12–15–16; 8:45 am] docket for this action under Docket ID attainment if sufficient complete,
BILLING CODE 6560–50–P No. EPA–R05–OAR–2016–0269. All quality-assured data are available to
documents in the docket are listed in determine that the area has attained the
the http://www.regulations.gov Web standard and if it meets the other CAA
ENVIRONMENTAL PROTECTION site. Although listed in the index, some redesignation requirements in section
AGENCY information is not publicly available, 107(d)(3)(E). The proposed rule, dated
e.g., Confidential Business Information September 28, 2016, provides a detailed
40 CFR Parts 52 and 81 or other information whose disclosure is discussion of how Ohio has met these
restricted by statute. Certain other CAA requirements.
[EPA–R05–OAR–2016–0269; FRL–9956–60– material, such as copyrighted material,
Region 5] As discussed in the September 28,
is not placed on the Internet and will be 2016, proposal, quality-assured and
Air Plan Approval; Ohio; publicly available only in hard copy certified monitoring data for 2013–2015
Redesignation of the Ohio Portion of form. Publicly available docket and preliminary data for 2016 show that
the Cincinnati, Ohio-Kentucky-Indiana materials are available either through the Cincinnati area has attained and
Area to Attainment of the 2008 Ozone http://www.regulations.gov, or please continues to attain the 2008 ozone
Standard contact the person identified in the FOR standard. In the maintenance plan
FURTHER INFORMATION CONTACT section submitted for the area, Ohio has
AGENCY: Environmental Protection for additional availability information. demonstrated that the ozone standard
Agency (EPA). FOR FURTHER INFORMATION CONTACT: will be maintained in the area through
ACTION: Final rule. Kathleen D’Agostino, Environmental 2030. Finally, Ohio and Indiana have
Scientist, Attainment Planning and adopted 2020 and 2030 VOC and NOX
SUMMARY: The Environmental Protection Maintenance Section, Air Programs MVEBs for the Ohio and Indiana portion
Agency (EPA) is finding that the Branch (AR–18J), Environmental of the Cincinnati area that are supported
Cincinnati, Ohio-Kentucky-Indiana area Protection Agency, Region 5, 77 West by Ohio’s maintenance demonstration.
is attaining the 2008 ozone National Jackson Boulevard, Chicago, Illinois
Ambient Air Quality Standard (NAAQS II. What comments did we receive on
60604, (312) 886–1767,
or standard) and is redesignating the the proposed rule?
dagostino.kathleen@epa.gov.
Ohio portion of the Cincinnati area to SUPPLEMENTARY INFORMATION: EPA provided a 30-day review and
attainment for the 2008 ozone NAAQS Throughout this document whenever comment period for the September 28,
because the area meets the statutory ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2016, proposed rule. The comment
requirements for redesignation under EPA. period ended on October 28, 2016.
the Clean Air Act (CAA or Act). The During the comment period, comments
Cincinnati area includes Butler, I. What is being addressed in this in support of the action were submitted
Clermont, Clinton, Hamilton, and document? on behalf of the Ohio Utility Group and
Warren Counties in Ohio; Lawrenceburg This rule takes action on the its member companies. We received no
Township in Dearborn County, Indiana; submission from Ohio EPA, dated April adverse comments on the proposed rule.
and, Boone, Campbell, and Kenton 21, 2016, requesting redesignation of the
Counties in Kentucky. EPA is also III. What action is EPA taking?
Ohio portion of the Cincinnati area to
approving, as a revision to the Ohio attainment for the 2008 ozone standard. EPA is determining that the
State Implementation Plan (SIP), the The background for today’s action is Cincinnati nonattainment is attaining
state’s plan for maintaining the 2008 discussed in detail in EPA’s proposal, the 2008 ozone standard, based on
ozone standard through 2030 in the dated September 28, 2016 (81 FR quality-assured and certified monitoring
Cincinnati area. Finally, EPA finds 66602). In that rulemaking, we noted data for 2013–2015 and that the Ohio
adequate and is approving the state’s that, under EPA regulations at 40 CFR portion of this area has met the
2020 and 2030 volatile organic part 50, the 2008 ozone NAAQS is requirements for redesignation under
compound (VOC) and oxides of nitrogen attained in an area when the 3-year section 107(d)(3)(E) of the CAA. EPA is
asabaliauskas on DSK3SPTVN1PROD with RULES
(NOX) Motor Vehicle Emission Budgets average of the annual fourth highest thus changing the legal designation of
(MVEBs) for the Ohio and Indiana daily maximum 8-hour average the Ohio portion of the Cincinnati area
portion of the Cincinnati area. The Ohio concentration is equal to or less than from nonattainment to attainment for
Environmental Protection Agency (Ohio 0.075 ppm, when truncated after the the 2008 ozone standard. EPA is also
EPA) submitted the SIP revision and thousandth decimal place, at all of the approving, as a revision to the Ohio SIP,
redesignation request on April 21, 2016. ozone monitoring sites in the area. (See the state’s maintenance plan for the
DATES: This final rule is effective 40 CFR 50.15 and appendix P to 40 CFR area. The maintenance plan is designed
December 16, 2016. part 50.) Under the CAA, EPA may to keep the Cincinnati area in
VerDate Sep<11>2014 17:15 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/81_FR_91275/page/3.svg)
Document Created: 2018-02-14 09:07:57
Document Modified: 2018-02-14 09:07:57
| 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 January 17, 2017. | |
| Contact | Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 91033 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR