82_FR_40883 82 FR 40718 - Air Plan Approval and Air Quality Designation; TN; Redesignation of the Knoxville 2006 24-hour PM2.5

82 FR 40718 - Air Plan Approval and Air Quality Designation; TN; Redesignation of the Knoxville 2006 24-hour PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40718-40720
FR Document2017-18088

On December 20, 2016, Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Knoxville-Sevierville-La Follette, TN fine particulate matter (PM<INF>2.5</INF>) nonattainment area (hereinafter referred to as the ``Knoxville Area'' or ``Area'') to attainment for the 2006 24-hour PM<INF>2.5</INF> national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan and a reasonably available control measures (RACM) determination for the Area. EPA is approving Tennessee's RACM determination for the Knoxville Area and incorporating it into the SIP; approving Tennessee's plan for maintaining the 2006 24-hour PM<INF>2.5</INF> NAAQS for the Knoxville Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and direct PM<INF>2.5</INF> for the years 2014 and 2028, and incorporating it into the SIP; and redesignating the Knoxville Area to attainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40718-40720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18088]



[[Page 40718]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2017-0086; FRL-9966-93-Region 4]


Air Plan Approval and Air Quality Designation; TN; Redesignation 
of the Knoxville 2006 24-hour PM2.5 Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On December 20, 2016, Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), submitted a request 
for the Environmental Protection Agency (EPA) to redesignate the 
Knoxville-Sevierville-La Follette, TN fine particulate matter 
(PM2.5) nonattainment area (hereinafter referred to as the 
``Knoxville Area'' or ``Area'') to attainment for the 2006 24-hour 
PM2.5 national ambient air quality standards (NAAQS) and to 
approve a state implementation plan (SIP) revision containing a 
maintenance plan and a reasonably available control measures (RACM) 
determination for the Area. EPA is approving Tennessee's RACM 
determination for the Knoxville Area and incorporating it into the SIP; 
approving Tennessee's plan for maintaining the 2006 24-hour 
PM2.5 NAAQS for the Knoxville Area (maintenance plan), 
including the associated motor vehicle emission budgets (MVEBs) for 
nitrogen oxides (NOX) and direct PM2.5 for the 
years 2014 and 2028, and incorporating it into the SIP; and 
redesignating the Knoxville Area to attainment for the 2006 24-hour 
PM2.5 NAAQS.

DATES: This rule is effective September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0086. 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: Sean Lakeman of the Air Regulatory 
Management Section, in the 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. Sean Lakeman may be reached by phone at (404) 562-9043, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0 
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again 
on the 3-year average of the 98th percentile of 24-hour concentrations.
    On November 13, 2009, at 74 FR 58688, EPA designated the Knoxville 
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. All 
2006 PM2.5 NAAQS areas were designated under title I, part 
D, subpart 1 (hereinafter ``Subpart 1''). Subpart 1 contains the 
general requirements for nonattainment areas for any pollutant governed 
by a NAAQS and is less prescriptive than the other subparts of title I, 
part D. On April 25, 2007 (72 FR 20586), EPA promulgated its Clean Air 
Fine Particle Implementation Rule, codified at 40 CFR part 51, subpart 
Z, in which the Agency provided guidance for state and tribal plans to 
implement the PM2.5 NAAQS. The United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded 
the Clean Air Fine Particle Implementation Rule and the final rule 
entitled ``Implementation of the New Source Review (NSR) Program for 
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' (73 
FR 28321, May 16, 2008) (collectively, ``1997 PM2.5 
Implementation Rules'') to EPA on January 4, 2013, in Natural Resources 
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). The Court found 
that EPA erred in implementing the 1997 PM2.5 NAAQS pursuant 
to the general implementation provisions of Subpart 1, rather than the 
particulate matter-specific provisions of title I, part D, subpart 4 
(hereinafter ``Subpart 4'').
    On June 2, 2014, EPA published a rule entitled ``Identification of 
Nonattainment Classification and Deadlines for Submission of State 
Implementation Plan (SIP) Provisions for the 1997 Fine Particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS''. See 79 FR 31566. In that rule, the 
Agency responded to the D.C. Circuit's January 2013 decision by 
identifying all PM2.5 nonattainment areas for the 1997 and 
2006 PM2.5 NAAQS as ``moderate'' nonattainment areas under 
Subpart 4, and by establishing a new SIP submission date of December 
31, 2014, for moderate area attainment plans and for any additional 
attainment-related or nonattainment new source review plans necessary 
for areas to comply with the requirements applicable under Subpart 4. 
Id. at 31567-70.
    Based on its moderate nonattainment area classification, Tennessee 
was required to submit a SIP revision addressing RACM pursuant to CAA 
section 172(c)(1) and section 189(a)(1)(C) for the Area. Although EPA 
does not believe that section 172(c)(1) and section 189(a)(1)(C) RACM 
must be approved into a SIP prior to redesignation of an area to 
attainment once that area is attaining the NAAQS, EPA is approving 
Tennessee's RACM determination and incorporating it into its SIP 
pursuant to a recent decision by the United States Court of Appeals for 
the Sixth Circuit in Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
    In a notice of proposed rulemaking (NPRM) published on May 30, 2017 
(82 FR 24621), EPA proposed to: (1) Approve Tennessee's RACM 
determination for the Knoxville Area pursuant to CAA sections 172(c)(1) 
and 189(a)(1)(C) and incorporate it into the SIP; (2) approve 
Tennessee's plan for maintaining the 2006 24-hour PM2.5 
NAAQS (maintenance plan), including the associated 2014 and 2028 MVEBs 
for PM2.5 and NOX for the Knoxville Area, and 
incorporate it into the SIP; and (3) redesignate the Knoxville Area to 
attainment for the 2006 24-hour PM2.5 NAAQS.\1\ The details 
of Tennessee's

[[Page 40719]]

submittal and the rationale for EPA's actions are explained in the 
NPRM. EPA did not receive any adverse comments on the proposed action.
---------------------------------------------------------------------------

    \1\ In a notice published in the Federal Register on March 10, 
2017, EPA announced that it had found the MVEBs for the Knoxville 
Area for the 2006 24-hour PM2.5 NAAQS adequate for 
transportation conformity purposes. See 82 FR 13347.
---------------------------------------------------------------------------

II. What are the effects of these actions?

    EPA's approval of Tennessee's redesignation request changes the 
legal designation of Anderson, Blount, Knox, and Loudon Counties and a 
portion of Roane County for the 2006 24-hour PM2.5 NAAQS, 
found at 40 CFR part 81, from nonattainment to attainment. Approval of 
Tennessee's associated SIP revision also incorporates a plan for 
maintaining the 2006 24-hour PM2.5 NAAQS in the Area through 
2028 and Tennessee's RACM determination into the Tennessee SIP. The 
maintenance plan includes contingency measures to remedy any future 
violations of the 2006 24-hour PM2.5 NAAQS and procedures 
for evaluation of potential violations. The maintenance plan also 
includes NOX and PM2.5 MVEBs for 2014 and 2028 
for the Knoxville Area. The 2014 and 2028 PM2.5 MVEBs are 
1.22 tons per day (tpd) and 0.67 tpd, respectively. The 2014 and 2028 
NOX MVEBs are 42.73 tpd and 19.65 tpd, respectively.

III. Final Actions

    EPA is taking the following final actions: (1) Approving 
Tennessee's RACM determination for the Knoxville Area pursuant to CAA 
sections 172(c)(1) and 189(a)(1)(C) and incorporating it into the SIP; 
(2) approving Tennessee's plan for maintaining the 2006 24-hour 
PM2.5 NAAQS (maintenance plan), including the associated 
2014 and 2028 MVEBs for the Knoxville Area, and incorporating it into 
the SIP; and (3) redesignating the Knoxville Area to attainment for the 
2006 24-hour PM2.5 NAAQS.
    Approval of the redesignation request changes the official 
designation of Anderson, Blount, Knox, and Loudon Counties and a 
portion of Roane County for the 2006 24-hour PM2.5 NAAQS, 
found at 40 CFR part 81, from nonattainment to attainment.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions merely approve state law as meeting federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For that reason, these actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January, 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs of 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 October 27, 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

 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
    40 CFR parts 52 and 81 are 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.

[[Page 40720]]

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding entries for ``2006 24-hour 
PM2.5 Maintenance Plan for the Knoxville-Sevierville-La 
Follette Area'' and ``RACM determination for the Knoxville-Sevierville-
La Follette Area for the 2006 24-hour PM2.5 NAAQS'' 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2006 24-hour PM2.5             Anderson,            12/20/2016  8/28/2017 [Insert citation    ..................
 Maintenance Plan for the       Blount, Knox,                    of publication].
 Knoxville-Sevierville-La       and Loudon
 Follette Area.                 Counties and a
                                portion of
                                Roane County
                                (the area
                                described by
                                U.S. Census
                                2000 block
                                group
                                identifier 47-
                                145-0307-2.).
RACM determination for the     Anderson,            12/20/2016  8/28/2017 [Insert citation    ..................
 Knoxville-Sevierville-La       Blount, Knox,                    of publication].
 Follette Area for the 2006     and Loudon
 24-hour PM2.5 NAAQS.           Counties and a
                                portion of
                                Roane County
                                (the area
                                described by
                                U.S. Census
                                2000 block
                                group
                                identifier 47-
                                145-0307-2.).
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
4. In Sec.  81.343, the table entitled ``Tennessee--2006 24-Hour PM 
2.5 NAAQS'' is amended by revising the entry for 
``Knoxville-Sevierville-La Follette, TN:'' to read as follows:


Sec.  81.343   Tennessee.

* * * * *

                                       Tennessee--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                      Designation \a\                        Classification
          Designated area           ----------------------------------------------------------------------------
                                        Date \1\                    Type                  Date \2\       Type
----------------------------------------------------------------------------------------------------------------
Knoxville-Sevierville-La Follette,        8/28/2017  Attainment.......................  ...........  ...........
 TN:
    Anderson County................  ..............  Attainment.......................  ...........  ...........
    Blount County..................  ..............  Attainment.......................  ...........  ...........
    Knox County....................  ..............  Attainment.......................  ...........  ...........
    Loudon County..................  ..............  Attainment.......................  ...........  ...........
    Roane County (part)............  ..............  Attainment.......................  ...........  ...........
    The area described by U.S.       ..............  .................................  ...........  ...........
     Census 2000 block group
     identifier 47-145-0307-2..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2017-18088 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  40718             Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                Management Division, U.S.                             Implementation Rules’’) to EPA on
                                                  AGENCY                                                  Environmental Protection Agency,                      January 4, 2013, in Natural Resources
                                                                                                          Region 4, 61 Forsyth Street SW.,                      Defense Council v. EPA, 706 F.3d 428
                                                  40 CFR Parts 52 and 81                                  Atlanta, Georgia 30303–8960. EPA                      (D.C. Cir. 2013). The Court found that
                                                  [EPA–R04–OAR–2017–0086; FRL–9966–93-                    requests that if at all possible, you                 EPA erred in implementing the 1997
                                                  Region 4]                                               contact the person listed in the FOR                  PM2.5 NAAQS pursuant to the general
                                                                                                          FURTHER INFORMATION CONTACT section to                implementation provisions of Subpart 1,
                                                  Air Plan Approval and Air Quality                       schedule your inspection. The Regional                rather than the particulate matter-
                                                  Designation; TN; Redesignation of the                   Office’s official hours of business are               specific provisions of title I, part D,
                                                  Knoxville 2006 24-hour PM2.5                            Monday through Friday 8:30 a.m. to                    subpart 4 (hereinafter ‘‘Subpart 4’’).
                                                  Nonattainment Area to Attainment                        4:30 p.m., excluding federal holidays.                   On June 2, 2014, EPA published a rule
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      entitled ‘‘Identification of
                                                  AGENCY:  Environmental Protection                                                                             Nonattainment Classification and
                                                  Agency (EPA).                                           Sean Lakeman of the Air Regulatory
                                                                                                          Management Section, in the Air                        Deadlines for Submission of State
                                                  ACTION: Final rule.                                                                                           Implementation Plan (SIP) Provisions
                                                                                                          Planning and Implementation Branch,
                                                  SUMMARY:    On December 20, 2016,                       Air, Pesticides and Toxics Management                 for the 1997 Fine Particle (PM2.5)
                                                  Tennessee, through the Tennessee                        Division, U.S. Environmental Protection               National Ambient Air Quality Standard
                                                  Department of Environment and                           Agency, Region 4, 61 Forsyth Street                   (NAAQS) and 2006 PM2.5 NAAQS’’. See
                                                  Conservation (TDEC), submitted a                        SW., Atlanta, Georgia 30303–8960. Sean                79 FR 31566. In that rule, the Agency
                                                  request for the Environmental                           Lakeman may be reached by phone at                    responded to the D.C. Circuit’s January
                                                  Protection Agency (EPA) to redesignate                  (404) 562–9043, or via electronic mail at             2013 decision by identifying all PM2.5
                                                  the Knoxville-Sevierville-La Follette,                  lakeman.sean@epa.gov.                                 nonattainment areas for the 1997 and
                                                  TN fine particulate matter (PM2.5)                                                                            2006 PM2.5 NAAQS as ‘‘moderate’’
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  nonattainment area (hereinafter referred                                                                      nonattainment areas under Subpart 4,
                                                  to as the ‘‘Knoxville Area’’ or ‘‘Area’’) to            I. Background                                         and by establishing a new SIP
                                                  attainment for the 2006 24-hour PM2.5                      On July 18, 1997, EPA promulgated                  submission date of December 31, 2014,
                                                  national ambient air quality standards                  the first air quality standards for PM2.5.            for moderate area attainment plans and
                                                  (NAAQS) and to approve a state                          EPA promulgated an annual standard at                 for any additional attainment-related or
                                                  implementation plan (SIP) revision                      a level of 15.0 micrograms per cubic                  nonattainment new source review plans
                                                  containing a maintenance plan and a                     meter (mg/m3), based on a 3-year average              necessary for areas to comply with the
                                                  reasonably available control measures                   of annual mean PM2.5 concentrations. In               requirements applicable under Subpart
                                                  (RACM) determination for the Area.                      the same rulemaking, EPA promulgated                  4. Id. at 31567–70.
                                                  EPA is approving Tennessee’s RACM                       a 24-hour standard of 65 mg/m3, based                    Based on its moderate nonattainment
                                                  determination for the Knoxville Area                    on a 3-year average of the 98th                       area classification, Tennessee was
                                                  and incorporating it into the SIP;                      percentile of 24-hour concentrations. On              required to submit a SIP revision
                                                  approving Tennessee’s plan for                          October 17, 2006 (71 FR 61144), EPA                   addressing RACM pursuant to CAA
                                                  maintaining the 2006 24-hour PM2.5                      retained the annual average NAAQS at                  section 172(c)(1) and section
                                                  NAAQS for the Knoxville Area                            15.0 mg/m3 but revised the 24-hour                    189(a)(1)(C) for the Area. Although EPA
                                                  (maintenance plan), including the                       NAAQS to 35 mg/m3, based again on the                 does not believe that section 172(c)(1)
                                                  associated motor vehicle emission                       3-year average of the 98th percentile of              and section 189(a)(1)(C) RACM must be
                                                  budgets (MVEBs) for nitrogen oxides                     24-hour concentrations.                               approved into a SIP prior to
                                                  (NOX) and direct PM2.5 for the years                       On November 13, 2009, at 74 FR                     redesignation of an area to attainment
                                                  2014 and 2028, and incorporating it into                58688, EPA designated the Knoxville                   once that area is attaining the NAAQS,
                                                  the SIP; and redesignating the Knoxville                Area as nonattainment for the 2006 24-                EPA is approving Tennessee’s RACM
                                                  Area to attainment for the 2006 24-hour                 hour PM2.5 NAAQS. All 2006 PM2.5                      determination and incorporating it into
                                                  PM2.5 NAAQS.                                            NAAQS areas were designated under                     its SIP pursuant to a recent decision by
                                                  DATES: This rule is effective September                 title I, part D, subpart 1 (hereinafter               the United States Court of Appeals for
                                                  27, 2017.                                               ‘‘Subpart 1’’). Subpart 1 contains the                the Sixth Circuit in Sierra Club v. EPA,
                                                  ADDRESSES: EPA has established a                        general requirements for nonattainment                793 F.3d 656 (6th Cir. 2015).
                                                                                                                                                                   In a notice of proposed rulemaking
                                                  docket for this action under Docket                     areas for any pollutant governed by a
                                                                                                                                                                (NPRM) published on May 30, 2017 (82
                                                  Identification No. EPA–R04–OAR–                         NAAQS and is less prescriptive than the
                                                                                                                                                                FR 24621), EPA proposed to: (1)
                                                  2017–0086. All documents in the docket                  other subparts of title I, part D. On April
                                                                                                                                                                Approve Tennessee’s RACM
                                                  are listed on the www.regulations.gov                   25, 2007 (72 FR 20586), EPA
                                                                                                                                                                determination for the Knoxville Area
                                                  Web site. Although listed in the index,                 promulgated its Clean Air Fine Particle
                                                                                                                                                                pursuant to CAA sections 172(c)(1) and
                                                  some information may not be publicly                    Implementation Rule, codified at 40
                                                                                                                                                                189(a)(1)(C) and incorporate it into the
                                                  available, i.e., Confidential Business                  CFR part 51, subpart Z, in which the
                                                                                                                                                                SIP; (2) approve Tennessee’s plan for
                                                  Information or other information whose                  Agency provided guidance for state and
                                                                                                                                                                maintaining the 2006 24-hour PM2.5
                                                  disclosure is restricted by statute.                    tribal plans to implement the PM2.5
                                                                                                                                                                NAAQS (maintenance plan), including
                                                  Certain other material, such as                         NAAQS. The United States Court of
                                                                                                                                                                the associated 2014 and 2028 MVEBs for
                                                  copyrighted material, is not placed on                  Appeals for the District of Columbia
                                                                                                                                                                PM2.5 and NOX for the Knoxville Area,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the Internet and will be publicly                       Circuit (D.C. Circuit) remanded the
                                                                                                                                                                and incorporate it into the SIP; and (3)
                                                  available only in hard copy form.                       Clean Air Fine Particle Implementation
                                                                                                                                                                redesignate the Knoxville Area to
                                                  Publicly available docket materials are                 Rule and the final rule entitled
                                                                                                                                                                attainment for the 2006 24-hour PM2.5
                                                  available either electronically through                 ‘‘Implementation of the New Source
                                                                                                                                                                NAAQS.1 The details of Tennessee’s
                                                  www.regulations.gov or in hard copy at                  Review (NSR) Program for Particulate
                                                  the Air Regulatory Management Section,                  Matter Less than 2.5 Micrometers                        1 In a notice published in the Federal Register on
                                                  Air Planning and Implementation                         (PM2.5)’’ (73 FR 28321, May 16, 2008)                 March 10, 2017, EPA announced that it had found
                                                  Branch, Air, Pesticides and Toxics                      (collectively, ‘‘1997 PM2.5                           the MVEBs for the Knoxville Area for the 2006 24-



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                                                                    Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations                                               40719

                                                  submittal and the rationale for EPA’s                   create any new requirements, but rather               substantial direct costs of tribal
                                                  actions are explained in the NPRM. EPA                  results in the applicability of                       governments or preempt tribal law.
                                                  did not receive any adverse comments                    requirements contained in the CAA for                    The Congressional Review Act, 5
                                                  on the proposed action.                                 areas that have been redesignated to                  U.S.C. 801 et seq., as added by the Small
                                                                                                          attainment. Moreover, the Administrator               Business Regulatory Enforcement
                                                  II. What are the effects of these actions?
                                                                                                          is required to approve a SIP submission               Fairness Act of 1996, generally provides
                                                     EPA’s approval of Tennessee’s                        that complies with the provisions of the              that before a rule may take effect, the
                                                  redesignation request changes the legal                 Act and applicable Federal regulations.               agency promulgating the rule must
                                                  designation of Anderson, Blount, Knox,                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               submit a rule report, which includes a
                                                  and Loudon Counties and a portion of                    Thus, in reviewing SIP submissions,                   copy of the rule, to each House of the
                                                  Roane County for the 2006 24-hour                       EPA’s role is to approve state choices,               Congress and to the Comptroller General
                                                  PM2.5 NAAQS, found at 40 CFR part 81,                   provided that they meet the criteria of               of the United States. EPA will submit a
                                                  from nonattainment to attainment.                       the CAA. Accordingly, these actions                   report containing this action and other
                                                  Approval of Tennessee’s associated SIP                  merely approve state law as meeting                   required information to the U.S. Senate,
                                                  revision also incorporates a plan for                   federal requirements and do not impose                the U.S. House of Representatives, and
                                                  maintaining the 2006 24-hour PM2.5                      additional requirements beyond those                  the Comptroller General of the United
                                                  NAAQS in the Area through 2028 and                      imposed by state law. For that reason,                States prior to publication of the rule in
                                                  Tennessee’s RACM determination into                     these actions:                                        the Federal Register. A major rule
                                                  the Tennessee SIP. The maintenance                         • Are not significant regulatory                   cannot take effect until 60 days after it
                                                  plan includes contingency measures to                   actions subject to review by the Office               is published in the Federal Register.
                                                  remedy any future violations of the 2006                of Management and Budget under                        This action is not a ‘‘major rule’’ as
                                                  24-hour PM2.5 NAAQS and procedures                      Executive Order 12866 (58 FR 51735,                   defined by 5 U.S.C. 804(2).
                                                  for evaluation of potential violations.                 October 4, 1993) and 13563 (76 FR 3821,
                                                  The maintenance plan also includes                      January, 21, 2011);                                      Under section 307(b)(1) of the CAA,
                                                  NOX and PM2.5 MVEBs for 2014 and                           • do not impose an information                     petitions for judicial review of this
                                                  2028 for the Knoxville Area. The 2014                   collection burden under the provisions                action must be filed in the United States
                                                  and 2028 PM2.5 MVEBs are 1.22 tons per                  of the Paperwork Reduction Act (44                    Court of Appeals for the appropriate
                                                  day (tpd) and 0.67 tpd, respectively. The               U.S.C. 3501 et seq.);                                 circuit by October 27, 2017. Filing a
                                                  2014 and 2028 NOX MVEBs are 42.73                          • are certified as not having a                    petition for reconsideration by the
                                                  tpd and 19.65 tpd, respectively.                        significant economic impact on a                      Administrator of this final rule does not
                                                                                                          substantial number of small entities                  affect the finality of this action for the
                                                  III. Final Actions                                                                                            purposes of judicial review nor does it
                                                                                                          under the Regulatory Flexibility Act (5
                                                     EPA is taking the following final                    U.S.C. 601 et seq.);                                  extend the time within which a petition
                                                  actions: (1) Approving Tennessee’s                         • do not contain any unfunded                      for judicial review may be filed, and
                                                  RACM determination for the Knoxville                    mandate or significantly or uniquely                  shall not postpone the effectiveness of
                                                  Area pursuant to CAA sections 172(c)(1)                 affect small governments, as described                such rule or action. This action may not
                                                  and 189(a)(1)(C) and incorporating it                   in the Unfunded Mandates Reform Act                   be challenged later in proceedings to
                                                  into the SIP; (2) approving Tennessee’s                 of 1995 (Pub. L. 104–4);                              enforce its requirements. See section
                                                  plan for maintaining the 2006 24-hour                                                                         307(b)(2).
                                                                                                             • do not have Federalism
                                                  PM2.5 NAAQS (maintenance plan),                         implications as specified in Executive                List of Subjects
                                                  including the associated 2014 and 2028                  Order 13132 (64 FR 43255, August 10,
                                                  MVEBs for the Knoxville Area, and                       1999);                                                40 CFR Part 52
                                                  incorporating it into the SIP; and (3)                     • are not economically significant
                                                  redesignating the Knoxville Area to                                                                             Environmental protection, Air
                                                                                                          regulatory actions based on health or                 pollution control, Incorporation by
                                                  attainment for the 2006 24-hour PM2.5                   safety risks subject to Executive Order
                                                  NAAQS.                                                                                                        reference, Intergovernmental relations,
                                                                                                          13045 (62 FR 19885, April 23, 1997);                  Nitrogen oxides, Particulate matter,
                                                     Approval of the redesignation request
                                                                                                             • are not significant regulatory                   Reporting and recordkeeping
                                                  changes the official designation of
                                                                                                          actions subject to Executive Order                    requirements, Sulfur oxides, Volatile
                                                  Anderson, Blount, Knox, and Loudon
                                                                                                          13211 (66 FR 28355, May 22, 2001);                    organic compounds.
                                                  Counties and a portion of Roane County
                                                                                                             • are not subject to requirements of
                                                  for the 2006 24-hour PM2.5 NAAQS,                                                                             40 CFR Part 81
                                                                                                          Section 12(d) of the National
                                                  found at 40 CFR part 81, from
                                                                                                          Technology Transfer and Advancement
                                                  nonattainment to attainment.                                                                                    Environmental protection, Air
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                                  IV. Statutory and Executive Order                       application of those requirements would               pollution control.
                                                  Reviews                                                 be inconsistent with the CAA; and                       Dated: August 16, 2017.
                                                     Under the CAA, redesignation of an                      • will not have disproportionate                   V. Anne Heard,
                                                  area to attainment and the                              human health or environmental effects                 Acting Regional Administrator, Region 4.
                                                  accompanying approval of a                              under Executive Order 12898 (59 FR
                                                                                                          7629, February 16, 1994).                               40 CFR parts 52 and 81 are amended
                                                  maintenance plan under section                                                                                as follows:
                                                  107(d)(3)(E) are actions that affect the                   In addition, the SIP is not approved
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  status of a geographical area and do not                to apply on any Indian reservation land
                                                                                                                                                                PART 52—APPROVAL AND
                                                  impose any additional regulatory                        or in any other area where EPA or an
                                                                                                                                                                PROMULGATION OF
                                                  requirements on sources beyond those                    Indian tribe has demonstrated that a
                                                                                                                                                                IMPLEMENTATION PLANS
                                                  imposed by state law. A redesignation to                tribe has jurisdiction. In those areas of
                                                  attainment does not in and of itself                    Indian country, the rule does not have
                                                                                                          tribal implications as specified by                   ■ 1. The authority citation for part 52
                                                                                                          Executive Order 13175 (65 FR 67249,                   continues to read as follows:
                                                  hour PM2.5 NAAQS adequate for transportation
                                                  conformity purposes. See 82 FR 13347.                   November 9, 2000), nor will it impose                     Authority: 42.U.S.C. 7401 et seq.



                                             VerDate Sep<11>2014   17:58 Aug 25, 2017   Jkt 241001   PO 00000   Frm 00051   Fmt 4700   Sfmt 4700   E:\FR\FM\28AUR1.SGM   28AUR1


                                                  40720                  Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations

                                                  Subpart RR—Tennessee                                                 Sevierville-La Follette Area’’ and                                          § 52.2220          Identification of plan.
                                                                                                                       ‘‘RACM determination for the                                                *       *   *                  *        *
                                                  ■ 2. Section 52.2220(e) is amended by                                Knoxville-Sevierville-La Follette Area
                                                                                                                                                                                                       (e) * *
                                                  adding entries for ‘‘2006 24-hour PM2.5                              for the 2006 24-hour PM2.5 NAAQS’’ at
                                                  Maintenance Plan for the Knoxville-                                  the end of the table to read as follows:

                                                                                                     EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
                                                                                                                 Applicable geographic or nonattainment                           State effective
                                                      Name of non-regulatory SIP provision                                                                                                                       EPA approval date                       Explanation
                                                                                                                                  area                                                 date


                                                           *                      *                                  *                   *                                               *                            *                                     *
                                                  2006 24-hour PM2.5 Maintenance Plan                          Anderson, Blount, Knox, and Loudon                                      12/20/2016           8/28/2017 [Insert cita-
                                                    for the Knoxville-Sevierville-La Follette                    Counties and a portion of Roane                                                              tion of publication].
                                                    Area.                                                        County (the area described by U.S.
                                                                                                                 Census 2000 block group identifier
                                                                                                                 47–145–0307–2.).
                                                  RACM determination for the Knoxville-                        Anderson, Blount, Knox, and Loudon                                      12/20/2016           8/28/2017 [Insert cita-
                                                   Sevierville-La Follette Area for the                          Counties and a portion of Roane                                                              tion of publication].
                                                   2006 24-hour PM2.5 NAAQS.                                     County (the area described by U.S.
                                                                                                                 Census 2000 block group identifier
                                                                                                                 47–145–0307–2.).



                                                  PART 81—DESIGNATION OF AREAS                                             Authority: 42 U.S.C. 7401 et seq.                                       entry for ‘‘Knoxville-Sevierville-La
                                                  FOR AIR QUALITY PLANNING                                                                                                                         Follette, TN:’’ to read as follows:
                                                                                                                       ■  4. In § 81.343, the table entitled
                                                  PURPOSES
                                                                                                                       ‘‘Tennessee—2006 24-Hour PM 2.5                                             § 81.343         Tennessee.
                                                  ■ 3. The authority citation for part 81                              NAAQS’’ is amended by revising the                                          *         *         *          *        *
                                                  continues to read as follows:

                                                                                                                   TENNESSEE—2006 24-HOUR PM2.5 NAAQS
                                                                                                                                       [Primary and secondary]

                                                                                                                                                                                     Designation a                                          Classification
                                                                                          Designated area
                                                                                                                                                                       Date 1                            Type                          Date 2                   Type

                                                  Knoxville-Sevierville-La Follette, TN:                                                                                8/28/2017          Attainment .................           ....................   ....................
                                                     Anderson County ..................................................................................         ........................   Attainment .................           ....................   ....................
                                                     Blount County ........................................................................................     ........................   Attainment .................           ....................   ....................
                                                     Knox County ..........................................................................................     ........................   Attainment .................           ....................   ....................
                                                     Loudon County ......................................................................................       ........................   Attainment .................           ....................   ....................
                                                     Roane County (part) .............................................................................          ........................   Attainment .................           ....................   ....................
                                                     The area described by U.S. Census 2000 block group identifier 47–                                          ........................   ....................................   ....................   ....................
                                                        145–0307–2..

                                                               *                             *                             *                            *                                  *                                *                               *
                                                      a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                      1 This   date is 30 days after November 13, 2009, unless otherwise noted.
                                                      2 This   date is July 2, 2014, unless otherwise noted.


                                                  *       *        *        *         *                                DEPARTMENT OF COMMERCE                                                      Atmospheric Administration (NOAA),
                                                  [FR Doc. 2017–18088 Filed 8–25–17; 8:45 am]                                                                                                      Commerce.
                                                  BILLING CODE 6560–50–P                                               National Oceanic and Atmospheric                                            ACTION: Temporary rule; closure.
                                                                                                                       Administration
                                                                                                                                                                                                   SUMMARY:   NMFS is temporarily closing
                                                                                                                       50 CFR Part 300                                                             the U.S. commercial fishery for Pacific
                                                                                                                                                                                                   bluefin tuna in the eastern Pacific Ocean
                                                                                                                       [Docket No. 160422356–7283–02]                                              (EPO) through December 31, 2017,
                                                                                                                                                                                                   because the 2017 catch limit of 425
                                                                                                                                                                                                   metric tons has been exceeded. This
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                       RIN 0648–XF630                                                              action is necessary to prevent the
                                                                                                                       International Fisheries; Pacific Tuna                                       fishery from further exceeding the
                                                                                                                       Fisheries; 2017 Commercial Pacific                                          applicable catch limit established by the
                                                                                                                       Bluefin Tuna Fishery Closure in the                                         Inter-American Tropical Tuna
                                                                                                                       Eastern Pacific Ocean                                                       Commission (IATTC) in Resolution C–
                                                                                                                                                                                                   16–08 (Measures for the Conservation
                                                                                                                       AGENCY:  National Marine Fisheries                                          and Management of Pacific Bluefin
                                                                                                                       Service (NMFS), National Oceanic and                                        Tuna in the Eastern Pacific Ocean).


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Document Created: 2017-08-28 11:29:46
Document Modified: 2017-08-28 11:29:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective September 27, 2017.
ContactSean Lakeman of the Air Regulatory Management Section, in the 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. Sean Lakeman may be reached by phone at (404) 562-9043, or via electronic mail at [email protected]
FR Citation82 FR 40718 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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