81 FR 93622 - Air Plan Approval; Tennessee; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 245 (December 21, 2016)
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93622-93623 | |
| FR Document | 2016-30184 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93622-93623] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30184] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2013-0799; FRL- 9956-90-Region 4] Air Plan Approval; Tennessee; Regional Haze Progress Report 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 April 19, 2013. Tennessee's April 19, 2013, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the State's existing SIP addressing regional haze (regional haze plan). EPA is approving Tennessee's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. DATES: This rule will be effective January 20, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2013-0799. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Under the Regional Haze Rule,\1\ each state was required to submit its first implementation plan addressing regional haze visibility impairment to EPA no later than December 17, 2007. See 40 CFR 51.308(b). Tennessee submitted its regional haze plan on April 4, 2008, and like many other states subject to the Clean Air Interstate Rule (CAIR), relied on CAIR to satisfy best available retrofit technology (BART) requirements for emissions of sulfur dioxide and nitrogen oxides from electric generating units in the State. --------------------------------------------------------------------------- \1\ Located in 40 CFR part 51, subpart P. --------------------------------------------------------------------------- On April 24, 2012, EPA finalized a limited approval of Tennessee's April 4, 2008, regional haze plan as meeting some of the applicable regional haze requirements as set forth in sections 169A and 169B of the CAA and in 40 CFR 51.300-51.308.\2\ Also in this April 24, 2012, action, EPA finalized a limited disapproval of Tennessee's regional haze plan because of deficiencies arising from the State's reliance on CAIR to satisfy certain regional haze requirements. See 77 FR 24392. On June 7, 2012, EPA promulgated Federal Implementation Plans (FIPs) to replace reliance on CAIR with reliance on the Cross State Air Pollution Rule (CSAPR) to address deficiencies in CAIR-dependent regional haze plans of several states, including Tennessee's regional haze plan.\3\ See 77 FR 33642. --------------------------------------------------------------------------- \2\ This April 24, 2012, action did not include the BART determination for Eastman Chemical Company (Eastman). On November 27, 2012, EPA finalized approval of the BART requirements for Eastman that were provided in the April 4, 2008, regional haze SIP, as later modified and supplemented on May 14, 2012, and May 25, 2012 (77 FR 70689). \3\ Although a number of parties challenged the legality of CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), the United States Supreme Court reversed the D.C. Circuit's decision on April 29, 2014, and remanded the case to the D.C. Circuit to resolve remaining issues in accordance with the high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects, and CSAPR is now in effect. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). --------------------------------------------------------------------------- Each state is also required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and for each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). Each state is also required to submit, at the same time as the progress report, a determination of the adequacy of its existing regional haze plan. See 40 CFR 51.308(h). The first progress report was due five years after submittal of the initial regional haze plan. On April 19, 2013, as required by 40 CFR 51.308(g), TDEC submitted to EPA, in the form of a revision to Tennessee's SIP, a report on progress made towards the RPGs for Class I areas in the State and for Class I areas outside the State that are affected by emissions from sources within the State. This submission also includes a negative declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional haze plan is sufficient in meeting the requirements of the Regional Haze Rule. In a notice of proposed rulemaking (NPRM) published on September 28, 2016 (81 FR 66596), EPA proposed to approve Tennessee's Progress Report on the basis that it satisfies the requirements of 40 CFR 51.308(g) and 51.308(h). No comments were received on the September 28, 2016, proposed rulemaking. The details of Tennessee's submittal and the rationale for EPA's action is further explained in the NPRM. See 81 FR 66596 (September 28, 2016). II. Final Action EPA is finalizing approval of Tennessee's Regional Haze Progress Report SIP revision, submitted by the State on April 19, 2013, as meeting the applicable regional haze requirements [[Page 93623]] set forth in 40 CFR 51.308(g) and 51.308(h). III. 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 (Public Law 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 21, 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, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, 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(e), is amended by adding an entry for ``April 2013 Regional Haze Progress Report'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State provision nonattainment effective date EPA approval date Explanation area ---------------------------------------------------------------------------------------------------------------- * * * * * * * April 2013 Regional Haze Tennessee 4/19/2013 12/21/2016, Progress Report. [insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-30184 Filed 12-20-16; 8:45 am] BILLING CODE 6560-50-P
![93622 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
assured and certified data for 2013– the Internet and will be publicly 7, 2012, EPA promulgated Federal
2015. Therefore, the EPA has met its available only in hard copy form. Implementation Plans (FIPs) to replace
obligation pursuant to CAA section Publicly available docket materials are reliance on CAIR with reliance on the
181(b)(2)(A) to determine, based on the available either electronically through Cross State Air Pollution Rule (CSAPR)
area’s air quality data as of the www.regulations.gov or in hard copy at to address deficiencies in CAIR-
attainment date, whether the area the Air Regulatory Management Section, dependent regional haze plans of
attained the standard. As a result of this Air Planning and Implementation several states, including Tennessee’s
determination, the San Luis Obispo Branch, Air, Pesticides and Toxics regional haze plan.3 See 77 FR 33642.
(Eastern San Luis Obispo) 2008 ozone Management Division, U.S. Each state is also required to submit
nonattainment area in California will Environmental Protection Agency, a progress report in the form of a SIP
not be reclassified for failure to attain by Region 4, 61 Forsyth Street SW., revision every five years that evaluates
the July 20, 2016 applicable attainment Atlanta, Georgia 30303–8960. EPA progress towards the RPGs for each
date under section 181(b)(2)(A). requests that if at all possible, you mandatory Class I Federal area within
[FR Doc. 2016–30476 Filed 12–20–16; 8:45 am] contact the person listed in the FOR the state and for each mandatory Class
FURTHER INFORMATION CONTACT section to I Federal area outside the state which
BILLING CODE 6560–50–P
schedule your inspection. The Regional may be affected by emissions from
Office’s official hours of business are within the state. See 40 CFR 51.308(g).
ENVIRONMENTAL PROTECTION Monday through Friday 8:30 a.m. to Each state is also required to submit, at
AGENCY 4:30 p.m., excluding federal holidays. the same time as the progress report, a
FOR FURTHER INFORMATION CONTACT: determination of the adequacy of its
40 CFR Part 52 Michele Notarianni, Air Regulatory existing regional haze plan. See 40 CFR
[EPA–R04–OAR–2013–0799; FRL- 9956–90-
Management Section, Air Planning and 51.308(h). The first progress report was
Region 4] Implementation Branch, Air, Pesticides due five years after submittal of the
and Toxics Management Division, U.S. initial regional haze plan.
Air Plan Approval; Tennessee; Environmental Protection Agency, On April 19, 2013, as required by 40
Regional Haze Progress Report Region 4, 61 Forsyth Street SW., CFR 51.308(g), TDEC submitted to EPA,
Atlanta, Georgia 30303–8960. Ms. in the form of a revision to Tennessee’s
AGENCY: Environmental Protection Notarianni can be reached by phone at SIP, a report on progress made towards
Agency (EPA). (404) 562–9031 and via electronic mail the RPGs for Class I areas in the State
ACTION: Final rule. at notarianni.michele@epa.gov. and for Class I areas outside the State
SUPPLEMENTARY INFORMATION: that are affected by emissions from
SUMMARY: The Environmental Protection sources within the State. This
Agency (EPA) is approving a State I. Background
submission also includes a negative
Implementation Plan (SIP) revision Under the Regional Haze Rule,1 each declaration pursuant to 40 CFR
submitted by the State of Tennessee state was required to submit its first 51.308(h)(1) that the State’s regional
through the Tennessee Department of implementation plan addressing haze plan is sufficient in meeting the
Environment and Conservation (TDEC) regional haze visibility impairment to requirements of the Regional Haze Rule.
on April 19, 2013. Tennessee’s April 19, EPA no later than December 17, 2007. In a notice of proposed rulemaking
2013, SIP revision (Progress Report) See 40 CFR 51.308(b). Tennessee (NPRM) published on September 28,
addresses requirements of the Clean Air submitted its regional haze plan on 2016 (81 FR 66596), EPA proposed to
Act (CAA or Act) and EPA’s rules that April 4, 2008, and like many other states approve Tennessee’s Progress Report on
require each state to submit periodic subject to the Clean Air Interstate Rule the basis that it satisfies the
reports describing progress towards (CAIR), relied on CAIR to satisfy best requirements of 40 CFR 51.308(g) and
reasonable progress goals (RPGs) available retrofit technology (BART) 51.308(h). No comments were received
established for regional haze and a requirements for emissions of sulfur on the September 28, 2016, proposed
determination of the adequacy of the dioxide and nitrogen oxides from rulemaking. The details of Tennessee’s
State’s existing SIP addressing regional electric generating units in the State. submittal and the rationale for EPA’s
haze (regional haze plan). EPA is On April 24, 2012, EPA finalized a action is further explained in the NPRM.
approving Tennessee’s Progress Report limited approval of Tennessee’s April 4, See 81 FR 66596 (September 28, 2016).
on the basis that it addresses the 2008, regional haze plan as meeting
progress report and adequacy some of the applicable regional haze II. Final Action
determination requirements for the first requirements as set forth in sections EPA is finalizing approval of
implementation period for regional 169A and 169B of the CAA and in 40 Tennessee’s Regional Haze Progress
haze. CFR 51.300–51.308.2 Also in this April Report SIP revision, submitted by the
DATES: This rule will be effective 24, 2012, action, EPA finalized a limited State on April 19, 2013, as meeting the
January 20, 2017. disapproval of Tennessee’s regional applicable regional haze requirements
haze plan because of deficiencies arising
ADDRESSES: EPA has established a
from the State’s reliance on CAIR to 3 Although a number of parties challenged the
docket for this action under Docket legality of CSAPR and the D.C. Circuit initially
satisfy certain regional haze
Identification No. EPA–R04–OAR– vacated and remanded CSAPR to EPA in EME
requirements. See 77 FR 24392. On June
2013–0799. All documents in the docket Homer City Generation, L.P. v. EPA, 696 F.3d 7
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are listed on the www.regulations.gov (D.C. Cir. 2012), the United States Supreme Court
1 Located in 40 CFR part 51, subpart P. reversed the D.C. Circuit’s decision on April 29,
Web site. Although listed in the index, 2 This April 24, 2012, action did not include the 2014, and remanded the case to the D.C. Circuit to
some information may not be publicly BART determination for Eastman Chemical resolve remaining issues in accordance with the
available, i.e., Confidential Business Company (Eastman). On November 27, 2012, EPA high court’s ruling. EPA v. EME Homer City
Information or other information whose finalized approval of the BART requirements for Generation, L.P., 134 S. Ct. 1584 (2014). On remand,
Eastman that were provided in the April 4, 2008, the D.C. Circuit affirmed CSAPR in most respects,
disclosure is restricted by statute. regional haze SIP, as later modified and and CSAPR is now in effect. EME Homer City
Certain other material, such as supplemented on May 14, 2012, and May 25, 2012 Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir.
copyrighted material, is not placed on (77 FR 70689). 2015).
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![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93623
set forth in 40 CFR 51.308(g) and • is not a significant regulatory action Under section 307(b)(1) of the CAA,
51.308(h). 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
III. Statutory and Executive Order
Reviews • is not subject to requirements of Court of Appeals for the appropriate
Section 12(d) of the National circuit by February 21, 2017. Filing a
Under the CAA, the Administrator is Technology Transfer and Advancement petition for reconsideration by the
required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not
that complies with the provisions of the application of those requirements would affect the finality of this action for the
Act and applicable federal regulations. be inconsistent with the CAA; and purposes of judicial review nor does it
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). • does not provide EPA with the extend the time within which a petition
Thus, in reviewing SIP submissions, discretionary authority to address, as for judicial review may be filed, and
EPA’s role is to approve state choices, appropriate, disproportionate human shall not postpone the effectiveness of
provided that they meet the criteria of health or environmental effects, using such rule or action. This action may not
the CAA. Accordingly, this action practicable and legally permissible be challenged later in proceedings to
merely approves state law as meeting methods, under Executive Order 12898 enforce its requirements. See section
federal requirements and does not (59 FR 7629, February 16, 1994). 307(b)(2).
impose additional requirements beyond
The SIP is not approved to apply on List of Subjects in 40 CFR Part 52
those imposed by state law. For that
reason, this action: any Indian reservation land or in any Environmental protection, Air
other area where EPA or an Indian tribe pollution control, Incorporation by
• Is not a significant regulatory action has demonstrated that a tribe has
subject to review by the Office of reference, Intergovernmental relations,
jurisdiction. In those areas of Indian Nitrogen oxides, Particulate matter,
Management and Budget under country, the rule does not have tribal
Executive Orders 12866 (58 FR 51735, Reporting and recordkeeping
implications as specified by Executive requirements, Sulfur dioxide, Volatile
October 4, 1993) and 13563 (76 FR 3821, Order 13175 (65 FR 67249, November 9,
January 21, 2011); organic compounds.
2000), nor will it impose substantial
• does not impose an information direct costs on tribal governments or Dated: December 1, 2016.
collection burden under the provisions preempt tribal law. Heather McTeer Toney,
of the Paperwork Reduction Act (44 Regional Administrator, Region 4.
The Congressional Review Act, 5
U.S.C. 3501 et seq.); 40 CFR part 52 is amended as follows:
U.S.C. 801 et seq., as added by the Small
• is certified as not having a Business Regulatory Enforcement
significant economic impact on a PART 52—APPROVAL AND
Fairness Act of 1996, generally provides
substantial number of small entities PROMULGATION OF
that before a rule may take effect, the
under the Regulatory Flexibility Act (5 IMPLEMENTATION PLANS
agency promulgating the rule must
U.S.C. 601 et seq.); submit a rule report, which includes a
• does not contain any unfunded ■ 1. The authority citation for part 52
copy of the rule, to each House of the continues to read as follows:
mandate or significantly or uniquely Congress and to the Comptroller General
affect small governments, as described of the United States. EPA will submit a Authority: 42 U.S.C. 7401 et seq.
in the Unfunded Mandates Reform Act report containing this action and other
of 1995 (Public Law 104–4); Subpart RR—Tennessee
required information to the U.S. Senate,
• does not have Federalism the U.S. House of Representatives, and ■ 2. Section 52.2220(e), is amended by
implications as specified in Executive the Comptroller General of the United adding an entry for ‘‘April 2013
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in Regional Haze Progress Report’’ at the
1999); the Federal Register. A major rule end of the table to read as follows:
• is not an economically significant cannot take effect until 60 days after it
regulatory action based on health or is published in the Federal Register. § 52.2220 Identification of plan.
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as * * * * *
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable ge-
Name of non-regulatory SIP ographic or State effective EPA approval date Explanation
provision nonattainment date
area
* * * * * * *
April 2013 Regional Haze Progress Report .................... Tennessee 4/19/2013 12/21/2016, [insert Federal
Register citation].
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[FR Doc. 2016–30184 Filed 12–20–16; 8:45 am]
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Document Created: 2018-02-14 09:11:48
Document Modified: 2018-02-14 09:11:48
| 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 20, 2017. | |
| Contact | Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 93622 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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