82 FR 29432 - Approval of Section 112(l) Authority for Hazardous Air Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plating and Polishing Operations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 124 (June 29, 2017)
Federal Register Volume 82, Issue 124 (June 29, 2017)
| Page Range | 29432-29435 | |
| FR Document | 2017-13665 |
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)] [Rules and Regulations] [Pages 29432-29435] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13665] [[Page 29432]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-R04-OAR-2017-0209; FRL-9964-32-Region 4] Approval of Section 112(l) Authority for Hazardous Air Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plating and Polishing Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: On December 12, 2016, pursuant to section 112(l) of the Clean Air Act (CAA), the Tennessee Department of Environment and Conservation (TDEC) requested approval to implement and enforce State permit terms and conditions that substitute for the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Plating and Polishing Operations with respect to the operation of the Ellison Surface Technologies, Inc., facility in Morgan County, Tennessee (Ellison). The Environmental Protection Agency is approving this request, and thus, granting TDEC the authority to implement and enforce alternative requirements in the form of title V permit terms and conditions after the EPA has approved the State's alternative requirements. DATES: This direct final rule is August 28, 2017 without further notice, unless the EPA receives adverse comment by July 31, 2017. If the EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0209 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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 https://www2.epa.gov/dockets/commenting-epa-dockets. Copies of all comments must also be sent concurrently to TDEC either via hard copy to Tennessee Department of Environment and Conservation, 312 Rosa L. Parks Avenue, Floor 15, Nashville, Tennessee 37243-1102, attention: Michelle Walker; or via electronic mail to michelle.b.walker@tn.gov. FOR FURTHER INFORMATION CONTACT: Lee Page, South Air Enforcement and Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Page can be reached via telephone at (404) 562-9131 and via electronic mail at page.lee@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Pursuant to section 112 of the CAA, EPA promulgates NESHAPs for various categories of air pollution sources. On July 1, 2008, the EPA promulgated the NESHAP for Plating and Polishing Operations (see 73 FR 37741) which is codified in 40 CFR part 63, subpart WWWWWW, ``National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.'' Ellison performs plating and polishing operations and is subject to subpart WWWWWW. Under CAA section 112(l), the EPA may approve state or local rules or programs to be implemented and enforced in place of certain otherwise applicable CAA section 112 Federal rules, emission standards, or requirements. The Federal regulations governing EPA's approval of state and local rules or programs under section 112(l) are located at 40 CFR part 63, subpart E (see 65 FR 55810, dated September 14, 2000). Under these regulations, a state or local air pollution control agency has the option to request the EPA's approval to substitute alternative requirements and authorities that take the form of title V permit terms and conditions instead of source category regulations. This option is referred to as the equivalency by permit (EBP) option. To receive the EPA approval of an EBP program, the requirements of 40 CFR 63.91 and 63.94 must be met. The EBP process comprises three steps. The first step (see 40 CFR 63.94(a) and (b)) is the ``up-front approval'' of the state EBP program. The second step (see 40 CFR 63.94(c) and (d)) is the EPA review and approval of the state alternative section 112 requirements in the form of pre-draft permit terms and conditions. The third step (see 40 CFR 63.94(e)) is incorporation of the approved pre-draft permit terms and conditions into a specific title V permit and the title V permit issuance process itself. The final approval of the state alternative requirements that substitute for the Federal standard does not occur for purposes of the Act, section 112(l)(5), until the completion of step three. The purpose of step one, the ``up-front approval'' of the EBP program, is three fold: (1) It ensures that the State meets the criteria of 40 CFR 63.91(d) for up-front approval common to all approval options; (2) it provides a legal foundation for the State to replace the otherwise applicable Federal section 112 requirements that will be reflected in final title V permit terms and conditions; and (3) it delineates the specific sources and Federal emission standards for which the State will be accepting delegation under the EBP option. On December 12, 2016, TDEC requested delegation of authority to implement and enforce title V permit terms and requirements for Ellison as an alternative to those of subpart WWWWWW. As part of its request to implement and enforce alternative terms and conditions in place of the otherwise applicable Federal section 112 standard, TDEC submitted information intended to satisfy the requirements necessary for ``up front approval'' of the EBP program. II. Analysis of State's Submittal The EPA has reviewed TDEC's submittal and has concluded that the State meets the requirements for ``up-front approval'' of its EBP program which are specified at 40 CFR 63.94(b) and 63.91(d). The requirements a State or local agency must meet can be summarized as follows: (1) Identify the source(s) for which the State seeks authority to implement and enforce alternative requirements; (2) request delegation (or have delegation) for any remaining sources that are in the same category as the source(s) for which it wishes to establish alternative requirements; (3) identify all existing [[Page 29433]] and future CAA section 112 emission standards for which the State is seeking authority to implement and enforce alternative requirements; (4) demonstrate that the State has an approved CAA title V operating permits program that permits the affected source(s); and (5) demonstrate that the State meets the general approval criteria set forth at 40 CFR 63.91(d). The EPA lists each requirement below and after each requirement explains its reasons for concluding that TDEQ meets the requirement: A. Identify the Source(s) for Which the State Is Seeking Authority To Implement and Enforce Alternative Requirements TDEC identified Ellison as the source for which it is seeking authority to implement and enforce alternative requirements. B. Request or Have Delegation for Any Remaining Sources That Are in the Same Category as the Source(s) for Which the State Seeks To Establish Alternative Requirements Tennessee has an approved 40 CFR part 63 delegation mechanism commonly described as ``automatic delegation'' in which formal delegation of the Federal rules occurs without the need for completing specific state rulemaking actions and is automatically completed upon the promulgation date of each part 63 regulation. See 61 FR 9661, 9668 (March 11, 1996); 61 FR 39335, 39342 (July 29,1996); 74 FR 22437, 22438 (May 13, 2009). Therefore, the State has delegated authority to implement and enforce subpart WWWWWW. C. Identify All Existing and Future Federal Section 112 Rules for Which the State Is Seeking Authority To Implement and Enforce Alternative Requirements In its submittal, TDEC requested only the authority to implement and enforce State permit requirements for Ellison as alternatives to the Federal requirements applicable to that source under subpart WWWWWW. D. Demonstrate That the State Has an Approved Title V Permits Program and That the Program Permits the Affected Source(s) The EPA granted final interim approval to Tennessee's CAA title V operating permits program on July 29, 1996 (61 FR 39342) and final approval on November 14, 2001 (66 FR 56996). Under this approved program, TDEC has the authority to issue title V permits to all major and area stationary NESHAP sources. In its submittal, TDEC confirmed that Ellison will obtain a Title V operating permit. E. General Approval Criteria Found at 40 CFR Section 63.91(d) The provisions of 40 CFR 63.91(d)(3) specify that ``[i]nterim or final title V program approval will satisfy the criteria set forth in Sec. 63.91(d), up-front approval criteria.'' As discussed above, the EPA has fully approved Tennessee's title V operating permits program. III. Final Action The EPA is granting TDEC ``up-front'' approval of an EBP program under which TDEC may establish and enforce alternative State requirements for Ellison in lieu of those of the NESHAP for Plating and Polishing Operations found at 40 CFR part 63, subpart WWWWWW. TDEC may only establish alternative requirements for Ellison that are at least as stringent as the otherwise applicable Federal requirements. TDEC must, in order to establish alternative requirements for Ellison under its EPA-approved EBP program: (1) Submit to the EPA for review pre- draft title V permit terms specifying alternative requirements that meet the criteria of 40 CFR 63.94(d), including the criterion that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements, (2) obtain the EPA's written approval of the alternative pre-draft title V permit requirements, and (3) issue a title V permit for Ellison that contains the approved alternative requirements. Until the EPA has approved the alternative permit terms and conditions and TDEC has issued a final title V permit incorporating them, Ellison will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart WWWWWW. The 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, the EPA is publishing a separate document that will serve as the proposal to approve TDEC's request to implement and enforce alternative requirements in the form of title V permit terms and conditions should adverse comments be filed. This rule will be effective August 28, 2017 without further notice unless the Agency receives adverse comments by July 3, 2017. If the EPA receives such comments, then the EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. The 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 August 28, 2017 and no further action will be taken on the proposed rule. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review Executive Order 12866 gives the Office of Management and Budget (OMB) the authority to review regulatory actions that are categorized as ``significant'' under section 3(f) of Executive Order 12866. This action is not a ``significant regulatory action'' and was therefore not submitted to OMB for review. This action provides ``up-front'' approval of an EBP program under which TDEC may establish and enforce alternative requirements for one facility in the State that are at least as stringent as the otherwise applicable Federal requirements. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). A ``collection of information'' under the PRA means ``the obtaining, causing to be obtained, soliciting, or requiring the disclosure to an agency, third parties or the public of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit.'' Because this action applies to only one facility, the PRA does not apply. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. I certify that [[Page 29434]] this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This rule will not have a significant impact on a substantial number of small entities because it only affects one facility and because approvals under 40 CFR 63.94 do not create any new requirements but simply allow the State to establish and enforce alternative requirements that are at least as stringent as the otherwise applicable Federal requirements. D. Unfunded Mandates Reform Act (UMRA) Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. This rule does not contain an unfunded mandate of $100 million or more as described in UMRA and does not significantly or uniquely affect small governments. This action allows the State to establish and enforce alternative requirements that are at least as stringent as the otherwise applicable Federal requirements, and imposes no new requirements. E. Executive Order 13132: Federalism Executive Order 13132, Federalism requires the EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This action allows the State to establish and enforce alternative requirements that are at least as stringent as the otherwise applicable Federal requirements, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments,'' requires the EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This action does not have tribal implications as specified in Executive Order 13175 because it will not have substantial direct effects on tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it allows the State to establish and enforce alternative requirements that are at least as stringent as the otherwise applicable Federal requirements. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12 of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs the EPA to consider and use ``voluntary consensus standards'' in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 because it allows the State to establish and enforce alternative requirements that are at least as stringent as the otherwise applicable Federal requirements. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., 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. This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). IV. Judicial Review 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 August 28, 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. 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 the EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may [[Page 29435]] not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 63 Administrative practice and procedure, air pollution control, National Emission Standards for Hazardous Air Pollutants, hazardous air pollutants. Dated: June 14, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 63 is amended as follows: PART 63--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart E--Approval of State Program and Delegation of Federal Authorities 0 2. Section 63.99 is amended by adding paragraph (a)(43) to read as follows: Sec. 63.99 Delegated Federal authorities. (a) * * * (43) Tennessee. (i) The Tennessee Department of Environment and Conservation (TDEC) has ``up-front'' approval to implement an Equivalency by Permit (EBP) program under which TDEC may establish and enforce alternative requirements for the Ellison Surface Technologies, Inc. facility located in Morgan County, Tennessee (Ellison) in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Plating and Polishing Operations at 40 CFR part 63, subpart WWWWWW, ``National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.'' TDEC may only establish alternative requirements for Ellison that are at least as stringent as the otherwise applicable Federal requirements. TDEC must, in order to establish alternative requirements for Ellison under its EPA-approved EBP program: submit to the EPA for review pre-draft title V permit terms specifying alternative requirements that meet the criteria of 40 CFR 63.94(d), including the criterion that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements; obtain the EPA's written approval of the alternative pre-draft title V permit requirements; and issue a title V permit for Ellison that contains the approved alternative requirements. Until the EPA has approved the alternative permit terms and conditions and TDEC has issued a final title V permit incorporating them, Ellison will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart WWWWWW. (ii) Reserved. * * * * * [FR Doc. 2017-13665 Filed 6-28-17; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION submission (i.e., on the web, cloud, or requirements of 40 CFR 63.91 and 63.94
AGENCY other file sharing system). For must be met.
additional submission methods, the full The EBP process comprises three
40 CFR Part 63 EPA public comment policy, steps. The first step (see 40 CFR 63.94(a)
[EPA–R04–OAR–2017–0209; FRL–9964–32– information about CBI or multimedia and (b)) is the ‘‘up-front approval’’ of
Region 4] submissions, and general guidance on the state EBP program. The second step
making effective comments, please visit (see 40 CFR 63.94(c) and (d)) is the EPA
Approval of Section 112(l) Authority for https://www2.epa.gov/dockets/ review and approval of the state
Hazardous Air Pollutants; Equivalency commenting-epa-dockets.
alternative section 112 requirements in
by Permit Provisions; National Copies of all comments must also be the form of pre-draft permit terms and
Emission Standards for Hazardous Air sent concurrently to TDEC either via
Pollutants; Plating and Polishing conditions. The third step (see 40 CFR
hard copy to Tennessee Department of 63.94(e)) is incorporation of the
Operations Environment and Conservation, 312 approved pre-draft permit terms and
AGENCY: Environmental Protection Rosa L. Parks Avenue, Floor 15, conditions into a specific title V permit
Agency (EPA). Nashville, Tennessee 37243–1102, and the title V permit issuance process
ACTION: Direct final rule.
attention: Michelle Walker; or via
itself. The final approval of the state
electronic mail to michelle.b.walker@
alternative requirements that substitute
SUMMARY: On December 12, 2016, tn.gov.
for the Federal standard does not occur
pursuant to section 112(l) of the Clean
FOR FURTHER INFORMATION CONTACT: Lee for purposes of the Act, section
Air Act (CAA), the Tennessee
Page, South Air Enforcement and Toxics 112(l)(5), until the completion of step
Department of Environment and
Section, Air Enforcement and Toxics three.
Conservation (TDEC) requested
Branch, Air, Pesticides and Toxics The purpose of step one, the ‘‘up-front
approval to implement and enforce
State permit terms and conditions that Management Division, U.S. approval’’ of the EBP program, is three
substitute for the National Emission Environmental Protection Agency, fold: (1) It ensures that the State meets
Standards for Hazardous Air Pollutants Region 4, 61 Forsyth Street SW., the criteria of 40 CFR 63.91(d) for up-
(NESHAP) from Plating and Polishing Atlanta, Georgia 30303–8960. Mr. Page front approval common to all approval
Operations with respect to the operation can be reached via telephone at (404) options; (2) it provides a legal
of the Ellison Surface Technologies, 562–9131 and via electronic mail at
foundation for the State to replace the
Inc., facility in Morgan County, page.lee@epa.gov.
otherwise applicable Federal section
Tennessee (Ellison). The Environmental SUPPLEMENTARY INFORMATION: 112 requirements that will be reflected
Protection Agency is approving this in final title V permit terms and
I. Background
request, and thus, granting TDEC the conditions; and (3) it delineates the
authority to implement and enforce Pursuant to section 112 of the CAA, specific sources and Federal emission
alternative requirements in the form of EPA promulgates NESHAPs for various standards for which the State will be
title V permit terms and conditions after categories of air pollution sources. On accepting delegation under the EBP
the EPA has approved the State’s July 1, 2008, the EPA promulgated the option.
alternative requirements. NESHAP for Plating and Polishing
On December 12, 2016, TDEC
DATES: This direct final rule is August Operations (see 73 FR 37741) which is
codified in 40 CFR part 63, subpart requested delegation of authority to
28, 2017 without further notice, unless
the EPA receives adverse comment by WWWWWW, ‘‘National Emission implement and enforce title V permit
July 31, 2017. If the EPA receives such Standards for Hazardous Air Pollutants: terms and requirements for Ellison as an
comments, it will publish a timely Area Source Standards for Plating and alternative to those of subpart
withdrawal of the direct final rule in the Polishing Operations.’’ Ellison performs WWWWWW. As part of its request to
Federal Register and inform the public plating and polishing operations and is implement and enforce alternative terms
that the rule will not take effect. subject to subpart WWWWWW. and conditions in place of the otherwise
applicable Federal section 112 standard,
ADDRESSES: Submit your comments, Under CAA section 112(l), the EPA
TDEC submitted information intended
identified by Docket ID No. EPA–R04– may approve state or local rules or
to satisfy the requirements necessary for
OAR–2017–0209 at https:// programs to be implemented and
‘‘up front approval’’ of the EBP program.
www.regulations.gov. Follow the online enforced in place of certain otherwise
instructions for submitting comments. applicable CAA section 112 Federal II. Analysis of State’s Submittal
Once submitted, comments cannot be rules, emission standards, or
edited or removed from Regulations.gov. requirements. The Federal regulations The EPA has reviewed TDEC’s
The EPA may publish any comment governing EPA’s approval of state and submittal and has concluded that the
received to its public docket. Do not local rules or programs under section State meets the requirements for ‘‘up-
submit electronically any information 112(l) are located at 40 CFR part 63, front approval’’ of its EBP program
you consider to be Confidential subpart E (see 65 FR 55810, dated which are specified at 40 CFR 63.94(b)
Business Information (CBI) or other September 14, 2000). Under these and 63.91(d). The requirements a State
information whose disclosure is regulations, a state or local air pollution or local agency must meet can be
restricted by statute. Multimedia control agency has the option to request summarized as follows: (1) Identify the
submissions (audio, video, etc.) must be the EPA’s approval to substitute source(s) for which the State seeks
accompanied by a written comment. alternative requirements and authorities authority to implement and enforce
nlaroche on DSK30NT082PROD with RULES
The written comment is considered the that take the form of title V permit terms alternative requirements; (2) request
official comment and should include and conditions instead of source delegation (or have delegation) for any
discussion of all points you wish to category regulations. This option is remaining sources that are in the same
make. The EPA will generally not referred to as the equivalency by permit category as the source(s) for which it
consider comments or comment (EBP) option. To receive the EPA wishes to establish alternative
contents located outside of the primary approval of an EBP program, the requirements; (3) identify all existing
VerDate Sep<11>2014 16:04 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1](https://thefederalregister.org/doc/82_FR_29556/page/1.svg)
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and future CAA section 112 emission sources. In its submittal, TDEC not take effect. All adverse comments
standards for which the State is seeking confirmed that Ellison will obtain a received will then be addressed in a
authority to implement and enforce Title V operating permit. subsequent final rule based on the
alternative requirements; (4) proposed rule. The EPA will not
E. General Approval Criteria Found at
demonstrate that the State has an institute a second comment period.
40 CFR Section 63.91(d)
approved CAA title V operating permits Parties interested in commenting should
program that permits the affected The provisions of 40 CFR 63.91(d)(3) do so at this time. If no such comments
source(s); and (5) demonstrate that the specify that ‘‘[i]nterim or final title V are received, the public is advised that
State meets the general approval criteria program approval will satisfy the this rule will be effective on August 28,
set forth at 40 CFR 63.91(d). The EPA criteria set forth in § 63.91(d), up-front 2017 and no further action will be taken
lists each requirement below and after approval criteria.’’ As discussed above, on the proposed rule.
each requirement explains its reasons the EPA has fully approved Tennessee’s
title V operating permits program. IV. Statutory and Executive Order
for concluding that TDEQ meets the
Reviews
requirement: III. Final Action
A. Executive Order 12866: Regulatory
A. Identify the Source(s) for Which the The EPA is granting TDEC ‘‘up-front’’
Planning and Review and Executive
State Is Seeking Authority To approval of an EBP program under
Order 13563: Improving Regulation and
Implement and Enforce Alternative which TDEC may establish and enforce
Regulatory Review
Requirements alternative State requirements for
TDEC identified Ellison as the source Ellison in lieu of those of the NESHAP Executive Order 12866 gives the
for which it is seeking authority to for Plating and Polishing Operations Office of Management and Budget
implement and enforce alternative found at 40 CFR part 63, subpart (OMB) the authority to review
requirements. WWWWWW. TDEC may only establish regulatory actions that are categorized as
alternative requirements for Ellison that ‘‘significant’’ under section 3(f) of
B. Request or Have Delegation for Any are at least as stringent as the otherwise Executive Order 12866. This action is
Remaining Sources That Are in the applicable Federal requirements. TDEC not a ‘‘significant regulatory action’’ and
Same Category as the Source(s) for must, in order to establish alternative was therefore not submitted to OMB for
Which the State Seeks To Establish requirements for Ellison under its EPA- review. This action provides ‘‘up-front’’
Alternative Requirements approved EBP program: (1) Submit to approval of an EBP program under
Tennessee has an approved 40 CFR the EPA for review pre-draft title V which TDEC may establish and enforce
part 63 delegation mechanism permit terms specifying alternative alternative requirements for one facility
commonly described as ‘‘automatic requirements that meet the criteria of 40 in the State that are at least as stringent
delegation’’ in which formal delegation CFR 63.94(d), including the criterion as the otherwise applicable Federal
of the Federal rules occurs without the that the alternative requirements are at requirements.
need for completing specific state least as stringent as the otherwise
B. Paperwork Reduction Act
rulemaking actions and is automatically applicable Federal requirements, (2)
completed upon the promulgation date obtain the EPA’s written approval of the This action does not impose an
of each part 63 regulation. See 61 FR alternative pre-draft title V permit information collection burden under the
9661, 9668 (March 11, 1996); 61 FR requirements, and (3) issue a title V provisions of the Paperwork Reduction
39335, 39342 (July 29,1996); 74 FR permit for Ellison that contains the Act (PRA) (44 U.S.C. 3501 et seq.). A
22437, 22438 (May 13, 2009). Therefore, approved alternative requirements. ‘‘collection of information’’ under the
the State has delegated authority to Until the EPA has approved the PRA means ‘‘the obtaining, causing to
implement and enforce subpart alternative permit terms and conditions be obtained, soliciting, or requiring the
WWWWWW. and TDEC has issued a final title V disclosure to an agency, third parties or
permit incorporating them, Ellison will the public of information by or for an
C. Identify All Existing and Future remain subject to the Federal NESHAP agency by means of identical questions
Federal Section 112 Rules for Which the requirements found at 40 CFR part 63, posed to, or identical reporting,
State Is Seeking Authority To subpart WWWWWW. recordkeeping, or disclosure
Implement and Enforce Alternative The EPA is publishing this rule requirements imposed on, ten or more
Requirements without prior proposal because the persons, whether such collection of
In its submittal, TDEC requested only Agency views this as a noncontroversial information is mandatory, voluntary, or
the authority to implement and enforce submittal and anticipates no adverse required to obtain or retain a benefit.’’
State permit requirements for Ellison as comments. However, in the proposed Because this action applies to only one
alternatives to the Federal requirements rules section of this Federal Register facility, the PRA does not apply.
applicable to that source under subpart publication, the EPA is publishing a
C. Regulatory Flexibility Act
WWWWWW. separate document that will serve as the
proposal to approve TDEC’s request to The Regulatory Flexibility Act (RFA),
D. Demonstrate That the State Has an implement and enforce alternative 5 U.S.C. 601–612, generally requires an
Approved Title V Permits Program and requirements in the form of title V agency to prepare a regulatory flexibility
That the Program Permits the Affected permit terms and conditions should analysis of any rule subject to notice
Source(s) adverse comments be filed. This rule and comment rulemaking requirements
The EPA granted final interim will be effective August 28, 2017 under the Administrative Procedure Act
approval to Tennessee’s CAA title V or any other statute unless the agency
nlaroche on DSK30NT082PROD with RULES
without further notice unless the
operating permits program on July 29, Agency receives adverse comments by certifies that the rule will not have a
1996 (61 FR 39342) and final approval July 3, 2017. significant economic impact on a
on November 14, 2001 (66 FR 56996). If the EPA receives such comments, substantial number of small entities.
Under this approved program, TDEC has then the EPA will publish a document Small entities include small businesses,
the authority to issue title V permits to withdrawing the final rule and small organizations, and small
all major and area stationary NESHAP informing the public that the rule will governmental jurisdictions. I certify that
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![Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 29435
not be challenged later in proceedings to issued a final title V permit Federal flood insurance that is not
enforce its requirements. See section incorporating them, Ellison will remain otherwise generally available from
307(b)(2). subject to the Federal NESHAP private insurers. In return, communities
requirements found at 40 CFR part 63, agree to adopt and administer local
List of Subjects in 40 CFR Part 63
subpart WWWWWW. floodplain management measures aimed
Administrative practice and (ii) Reserved. at protecting lives and new construction
procedure, air pollution control, * * * * * from future flooding. Section 1315 of
National Emission Standards for [FR Doc. 2017–13665 Filed 6–28–17; 8:45 am] the National Flood Insurance Act of
Hazardous Air Pollutants, hazardous air BILLING CODE 6560–50–P 1968, as amended, 42 U.S.C. 4022,
pollutants. prohibits the sale of NFIP flood
Dated: June 14, 2017. insurance unless an appropriate public
V. Anne Heard, DEPARTMENT OF HOMELAND body adopts adequate floodplain
Acting Regional Administrator, Region 4. SECURITY management measures with effective
enforcement measures. The
40 CFR part 63 is amended as follows: communities listed in this document no
Federal Emergency Management
PART 63—APPROVAL AND Agency longer meet that statutory requirement
PROMULGATION OF for compliance with program
IMPLEMENTATION PLANS 44 CFR Part 64 regulations, 44 CFR part 59.
Accordingly, the communities will be
[Docket ID FEMA–2017–0002; Internal suspended on the effective date in the
■ 1. The authority citation for part 63 Agency Docket No. FEMA–8487]
continues to read as follows: third column. As of that date, flood
Suspension of Community Eligibility insurance will no longer be available in
Authority: 42 U.S.C. 7401 et seq.
the community. We recognize that some
Subpart E—Approval of State Program AGENCY: Federal Emergency of these communities may adopt and
and Delegation of Federal Authorities Management Agency, DHS. submit the required documentation of
ACTION: Final rule. legally enforceable floodplain
■ 2. Section 63.99 is amended by adding management measures after this rule is
paragraph (a)(43) to read as follows: SUMMARY: This rule identifies published but prior to the actual
communities where the sale of flood suspension date. These communities
§ 63.99 Delegated Federal authorities. insurance has been authorized under will not be suspended and will continue
(a) * * * the National Flood Insurance Program to be eligible for the sale of NFIP flood
(43) Tennessee. (i) The Tennessee (NFIP) that are scheduled for insurance. A notice withdrawing the
Department of Environment and suspension on the effective dates listed suspension of such communities will be
Conservation (TDEC) has ‘‘up-front’’ within this rule because of published in the Federal Register.
approval to implement an Equivalency noncompliance with the floodplain In addition, FEMA publishes a Flood
by Permit (EBP) program under which management requirements of the Insurance Rate Map (FIRM) that
TDEC may establish and enforce program. If the Federal Emergency identifies the Special Flood Hazard
alternative requirements for the Ellison Management Agency (FEMA) receives Areas (SFHAs) in these communities.
Surface Technologies, Inc. facility documentation that the community has The date of the FIRM, if one has been
located in Morgan County, Tennessee adopted the required floodplain published, is indicated in the fourth
(Ellison) in lieu of those of the National management measures prior to the column of the table. No direct Federal
Emissions Standard for Hazardous Air effective suspension date given in this financial assistance (except assistance
Pollutants (NESHAP) for Plating and rule, the suspension will not occur and pursuant to the Robert T. Stafford
Polishing Operations at 40 CFR part 63, a notice of this will be provided by Disaster Relief and Emergency
subpart WWWWWW, ‘‘National publication in the Federal Register on a Assistance Act not in connection with a
Emission Standards for Hazardous Air subsequent date. Also, information flood) may be provided for construction
Pollutants: Area Source Standards for identifying the current participation or acquisition of buildings in identified
Plating and Polishing Operations.’’ status of a community can be obtained SFHAs for communities not
TDEC may only establish alternative from FEMA’s Community Status Book participating in the NFIP and identified
requirements for Ellison that are at least (CSB). The CSB is available at https:// for more than a year on FEMA’s initial
as stringent as the otherwise applicable www.fema.gov/national-flood- FIRM for the community as having
Federal requirements. TDEC must, in insurance-program-community-status- flood-prone areas (section 202(a) of the
order to establish alternative book. Flood Disaster Protection Act of 1973,
requirements for Ellison under its EPA- 42 U.S.C. 4106(a), as amended). This
approved EBP program: submit to the DATES: The effective date of each
prohibition against certain types of
EPA for review pre-draft title V permit community’s scheduled suspension is
Federal assistance becomes effective for
terms specifying alternative the third date (‘‘Susp.’’) listed in the
the communities listed on the date
requirements that meet the criteria of 40 third column of the following tables.
shown in the last column. The
CFR 63.94(d), including the criterion FOR FURTHER INFORMATION CONTACT: If Administrator finds that notice and
that the alternative requirements are at you want to determine whether a public comment procedures under 5
least as stringent as the otherwise particular community was suspended U.S.C. 553(b), are impracticable and
applicable Federal requirements; obtain on the suspension date or for further unnecessary because communities listed
the EPA’s written approval of the information, contact Patricia Suber,
nlaroche on DSK30NT082PROD with RULES
in this final rule have been adequately
alternative pre-draft title V permit Federal Insurance and Mitigation notified.
requirements; and issue a title V permit Administration, Federal Emergency Each community receives 6-month,
for Ellison that contains the approved Management Agency, 400 C Street SW., 90-day, and 30-day notification letters
alternative requirements. Until the EPA Washington, DC 20472, (202) 646–4149. addressed to the Chief Executive Officer
has approved the alternative permit SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
terms and conditions and TDEC has enables property owners to purchase suspended unless the required
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Document Created: 2018-11-14 10:17:30
Document Modified: 2018-11-14 10:17:30
| 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 August 28, 2017 without further notice, unless the EPA receives adverse comment by July 31, 2017. If the EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Lee Page, South Air Enforcement and Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Page can be reached via telephone at (404) 562-9131 and via electronic mail at [email protected] | |
| FR Citation | 82 FR 29432 | |
| CFR Associated | Administrative Practice and Procedure; Air Pollution Control; National Emission Standards for Hazardous Air Pollutants and Hazardous Air Pollutants |
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