83 FR 23407 - Air Plan Approvals; Tennessee: Revisions to Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23407-23408
FR Document		2018-10688

The Environmental Protection Agency (EPA) is proposing to approve a portion of a revision to the Tennessee State Implementation Plan (SIP) submitted on June 25, 2008, by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on behalf of the Chattanooga/Hamilton County Air Pollution Control Bureau (Chattanooga/Hamilton County). The SIP submittal includes changes to Chattanooga/Hamilton County's air quality rules that, among other things, modify several ambient air standards. The portion of the SIP revision that EPA is approving is consistent with the requirements of the Clean Air Act (CAA or Act). EPA will act on the other portions of the June 25, 2008, submittal in a separate action.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23407-23408]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-10688]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0395; FRL-9978-32--Region 4]

Air Plan Approvals; Tennessee: Revisions to Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of a revision to the Tennessee State Implementation
Plan (SIP) submitted on June 25, 2008, by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC), on behalf of the Chattanooga/Hamilton County Air Pollution
Control Bureau (Chattanooga/Hamilton County). The SIP submittal
includes changes to Chattanooga/Hamilton County's air quality rules
that, among other things, modify several ambient air standards. The
portion of the SIP revision that EPA is approving is consistent with
the requirements of the Clean Air Act (CAA or Act). EPA will act on the
other portions of the June 25, 2008, submittal in a separate action.

DATES: Written comments must be received on or before June 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0395 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Bell can be reached via telephone at (404) 562-9088 or
via electronic mail at bell.tiereny@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the National Ambient Air Quality
Standards (NAAQS) to protect public health and welfare. The CAA
requires periodic review of the air quality criteria--the science upon
which the standards are based--and the standards themselves. EPA's
regulatory provisions that govern the NAAQS are found at 40 CFR part
50--National Primary and Secondary Ambient Air Quality Standards.
On June 25, 2008, TDEC submitted to EPA a SIP revision to the
Chattanooga/Hamilton County portion of the Tennessee SIP that contains
changes to a number of Chattanooga-Hamilton County's air quality rules
in Chapter 4 of Part II, Section 4-41. EPA is proposing to approve
changes to the SIP through this action that deletes the current version
and substitutes a revised version of Chapter 4 of Part II, Section 4-
41, Rule 21 of the Chattanooga City Code ``Ambient Air Quality
Standards.'' \1\ Chattanooga-Hamilton County revised its rule to be
consistent with changes to federal NAAQS.
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\1\ EPA will consider the other changes included in Tennessee's
June 25, 2008, SIP revision in a future rulemaking.
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II. Analysis of State's Submittal

On June 25, 2008, TDEC submitted a SIP revision to EPA for review
and approval. The revision deletes the current version and substitutes
a revised version of Chapter 4 of Part II, Section 4-41, Rule 21 of the
Chattanooga City Code ``Ambient Air Quality Standards.'' Chattanooga/
Hamilton County revised rule 21 to reflect all criteria pollutants;
Carbon Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO2),
Particulate Matter (PM10), Ozone (O3), and Sulfur
Dioxide (SO2), relating to all the national ambient air
quality standards (NAAQS). See 76 FR 54294 (August 31, 2011), 73 FR
66964 (November 12, 2008), 75 FR 6474 (February 9, 2010), 61 FR 52852
(October 8, 1996), 73 FR 16436 (March 27, 2008), 75 FR 35520 (June 22,
2010), 38 FR 25678 (September 14, 1973). EPA is approving this revision
to the Chattanooga/Hamilton County portion of the Tennessee SIP to
maintain consistency with the NAAQS. The Chattanooga/Hamilton County
rule revision became state-effective on June 11, 2008. EPA has reviewed
these changes to the Chattanooga/Hamilton County regulations for CO,
Pb, NO2, PM10, O3 and SO2,
and has made the preliminary determination that these changes are
consistent with federal regulation.\2\
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\2\ The submittal does not address the 2008 8-hour
O3, 2015 8-hour O3, 2010 SO2, 2010
NO2, 2012 PM2.5 and 2008 Pb standards because
these standards were not promulgated at the time the submission was
provided to EPA.

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[[Page 23408]]

III. Incorporation by Reference

In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing the incorporation by
reference of Chapter 4 of Part II, Section 4-41, Rule 21 of the
Chattanooga City Code ``Ambient Air Quality Standards.'' effective June
11, 2008, which revised criteria pollutants. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information).

IV. Proposed Action

Pursuant to section 110 of the CAA, EPA is proposing to approve the
aforementioned changes to Tennessee's SIP for Chapter 4 of Part II,
Section 4-41, Rule 21. EPA has evaluated the relevant portion of
Tennessee's June 25, 2008, SIP revision and has determined that it
meets the applicable requirements of the CAA and EPA regulations.

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

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

Dated: May 7, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-10688 Filed 5-18-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23407

• Does not have Federalism State Implementation Plan (SIP) welfare. The CAA requires periodic
implications as specified in Executive submitted on June 25, 2008, by the State review of the air quality criteria—the
Order 13132 (64 FR 43255, August 10, of Tennessee, through the Tennessee science upon which the standards are
1999); Department of Environment and based—and the standards themselves.
• Is not an economically significant Conservation (TDEC), on behalf of the EPA’s regulatory provisions that govern
regulatory action based on health or Chattanooga/Hamilton County Air the NAAQS are found at 40 CFR part
safety risks subject to Executive Order Pollution Control Bureau (Chattanooga/ 50—National Primary and Secondary
13045 (62 FR 19885, April 23, 1997); Hamilton County). The SIP submittal Ambient Air Quality Standards.
• Is not a significant regulatory action includes changes to Chattanooga/
On June 25, 2008, TDEC submitted to
subject to Executive Order 13211 (66 FR Hamilton County’s air quality rules that,
among other things, modify several EPA a SIP revision to the Chattanooga/
28355, May 22, 2001);
Hamilton County portion of the
• Is not subject to requirements of ambient air standards. The portion of
the SIP revision that EPA is approving Tennessee SIP that contains changes to
section 12(d) of the National
is consistent with the requirements of a number of Chattanooga-Hamilton
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because the Clean Air Act (CAA or Act). EPA County’s air quality rules in Chapter 4
application of those requirements would will act on the other portions of the June of Part II, Section 4–41. EPA is
be inconsistent with the CAA; and 25, 2008, submittal in a separate action. proposing to approve changes to the SIP
• Does not provide EPA with the DATES: Written comments must be through this action that deletes the
discretionary authority to address, as received on or before June 20, 2018. current version and substitutes a revised
appropriate, disproportionate human ADDRESSES: Submit your comments,
version of Chapter 4 of Part II, Section
health or environmental effects, using identified by Docket ID No. EPA–R04– 4–41, Rule 21 of the Chattanooga City
practicable and legally permissible OAR–2017–0395 at http:// Code ‘‘Ambient Air Quality
methods, under Executive Order 12898 www.regulations.gov. Follow the online Standards.’’ 1 Chattanooga-Hamilton
(59 FR 7629, February 16, 1994). instructions for submitting comments. County revised its rule to be consistent
In addition, the SIP is not approved Once submitted, comments cannot be with changes to federal NAAQS.
to apply on any Indian reservation land edited or removed from Regulations.gov. II. Analysis of State’s Submittal
or in any other area where EPA or an EPA may publish any comment received
Indian tribe has demonstrated that a to its public docket. Do not submit On June 25, 2008, TDEC submitted a
tribe has jurisdiction. In those areas of electronically any information you SIP revision to EPA for review and
Indian country, the rule does not have consider to be Confidential Business approval. The revision deletes the
tribal implications and will not impose Information (CBI) or other information current version and substitutes a revised
substantial direct costs on tribal whose disclosure is restricted by statute. version of Chapter 4 of Part II, Section
governments or preempt tribal law as Multimedia submissions (audio, video, 4–41, Rule 21 of the Chattanooga City
specified by Executive Order 13175 (65 etc.) must be accompanied by a written Code ‘‘Ambient Air Quality Standards.’’
FR 67249, November 9, 2000). comment. The written comment is Chattanooga/Hamilton County revised
considered the official comment and rule 21 to reflect all criteria pollutants;
List of Subjects in 40 CFR Part 52 should include discussion of all points Carbon Monoxide (CO), Lead (Pb),
Environmental protection, Air you wish to make. EPA will generally Nitrogen Dioxide (NO2), Particulate
pollution control, Incorporation by not consider comments or comment Matter (PM10), Ozone (O3), and Sulfur
reference, Intergovernmental relations, contents located outside of the primary Dioxide (SO2), relating to all the
Particulate matter, Reporting and submission (i.e., on the web, cloud, or national ambient air quality standards
recordkeeping requirements. other file sharing system). For (NAAQS). See 76 FR 54294 (August 31,
Authority: 42 U.S.C. 7401 et seq. additional submission methods, the full 2011), 73 FR 66964 (November 12,
EPA public comment policy, 2008), 75 FR 6474 (February 9, 2010), 61
Dated: May 8, 2018. information about CBI or multimedia
Peter D. Lopez, FR 52852 (October 8, 1996), 73 FR
submissions, and general guidance on 16436 (March 27, 2008), 75 FR 35520
Regional Administrator, Region 2. making effective comments, please visit
(June 22, 2010), 38 FR 25678 (September
[FR Doc. 2018–10803 Filed 5–18–18; 8:45 am] http://www2.epa.gov/dockets/
14, 1973). EPA is approving this
BILLING CODE 6560–50–P commenting-epa-dockets.
revision to the Chattanooga/Hamilton
FOR FURTHER INFORMATION CONTACT: County portion of the Tennessee SIP to
Tiereny Bell, Air Regulatory maintain consistency with the NAAQS.
ENVIRONMENTAL PROTECTION Management Section, Air Planning and
AGENCY The Chattanooga/Hamilton County rule
Implementation Branch, Air, Pesticides revision became state-effective on June
and Toxics Management Division, U.S. 11, 2008. EPA has reviewed these
40 CFR Part 52
Environmental Protection Agency, changes to the Chattanooga/Hamilton
[EPA–R04–OAR–2017–0395; FRL–9978– Region 4, 61 Forsyth Street SW, Atlanta, County regulations for CO, Pb, NO2,
32—Region 4] Georgia 30303–8960. Ms. Bell can be PM10, O3 and SO2, and has made the
reached via telephone at (404) 562–9088 preliminary determination that these
Air Plan Approvals; Tennessee: or via electronic mail at bell.tiereny@
Revisions to Ambient Air Quality changes are consistent with federal
epa.gov.
sradovich on DSK3GMQ082PROD with PROPOSALS

Standards regulation.2
SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection 1 EPA will consider the other changes included in

Agency. I. Background Tennessee’s June 25, 2008, SIP revision in a future
ACTION: Proposed rule. Sections 108 and 109 of the CAA rulemaking.
2 The submittal does not address the 2008 8-hour
govern the establishment, review, and
O3, 2015 8-hour O3, 2010 SO2, 2010 NO2, 2012
SUMMARY: The Environmental Protection revision, as appropriate, of the National PM2.5 and 2008 Pb standards because these
Agency (EPA) is proposing to approve a Ambient Air Quality Standards standards were not promulgated at the time the
portion of a revision to the Tennessee (NAAQS) to protect public health and submission was provided to EPA.

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23408 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

III. Incorporation by Reference affect small governments, as described west by First Street, on the south by
In this rule, EPA is proposing to in the Unfunded Mandates Reform Act Shaw Street, on the east by New York
include in a final EPA rule regulatory of 1995 (Pub. L. 104–4); State Route 481, and on the north by a
text that includes incorporation by • Does not have Federalism warehouse, and an ‘‘Off-Property’’ area,
reference. In accordance with implications as specified in Executive defined by the area between the On-
requirements of 1 CFR 51.5, EPA is Order 13132 (64 FR 43255, August 10, Property area’s western property
proposing the incorporation by 1999); boundary to the Oswego River
reference of Chapter 4 of Part II, Section • Is not an economically significant (approximately 50 feet). The On-
4–41, Rule 21 of the Chattanooga City regulatory action based on health or Property area was deleted from the
Code ‘‘Ambient Air Quality Standards.’’ safety risks subject to Executive Order National Priorities List (NPL) on April 6,
effective June 11, 2008, which revised 13045 (62 FR 19885, April 23, 1997); 2015 (80 FR 5957). The Off-Property
criteria pollutants. EPA has made, and • Is not a significant regulatory action area remained on the NPL because
will continue to make, these materials subject to Executive Order 13211 (66 FR residual groundwater contamination
generally available through 28355, May 22, 2001); was still present. Because the
www.regulations.gov and at the EPA • Is not subject to requirements of groundwater in the Off-Property area
Region 4 Office (please contact the section 12(d) of the National has achieved the cleanup levels, the
person identified in the FOR FURTHER Technology Transfer and Advancement U.S. Environmental Protection Agency
INFORMATION CONTACT section of this Act of 1995 (15 U.S.C. 272 note) because (EPA) is issuing this Notice of Intent to
preamble for more information). application of those requirements would Delete (NOID) the Off-Property area
be inconsistent with the CAA; and from the NPL and requests public
IV. Proposed Action • Does not provide EPA with the comments on this proposed action.
Pursuant to section 110 of the CAA, discretionary authority to address, as DATES: Comments must be received by
EPA is proposing to approve the appropriate, disproportionate human June 20, 2018.
aforementioned changes to Tennessee’s health or environmental effects, using
SIP for Chapter 4 of Part II, Section 4– practicable and legally permissible ADDRESSES: Submit your comments,
41, Rule 21. EPA has evaluated the methods, under Executive Order 12898 identified by Docket ID No. EPA–HQ–
relevant portion of Tennessee’s June 25, (59 FR 7629, February 16, 1994). SFUND–1983–0002, at http://
2008, SIP revision and has determined The SIP is not approved to apply on www.regulations.gov. Follow the online
that it meets the applicable any Indian reservation land or in any instructions for submitting comments.
requirements of the CAA and EPA other area where EPA or an Indian tribe Once submitted, comments cannot be
regulations. has demonstrated that a tribe has edited or removed from Regulations.gov.
jurisdiction. In those areas of Indian The EPA may publish any comment
V. Statutory and Executive Order received to its public docket. Do not
Reviews country, the rule does not have tribal
implications as specified by Executive submit electronically any information
Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, you consider to be Confidential
required to approve a SIP submission 2000), nor will it impose substantial Business Information (CBI) or other
that complies with the provisions of the direct costs on tribal governments or information whose disclosure is
Act and applicable Federal regulations. preempt tribal law. restricted by statute. Multimedia
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). submissions (audio, video, etc.) must be
Thus, in reviewing SIP submissions, Authority: 42 U.S.C. 7401 et seq. accompanied by a written comment.
EPA’s role is to approve state choices, Dated: May 7, 2018. The written comment is considered the
provided that they meet the criteria of Onis ‘‘Trey’’ Glenn, III, official comment and should include
the CAA. This action merely proposes to Regional Administrator, Region 4. discussion of all points you wish to
approve state law as meeting Federal [FR Doc. 2018–10688 Filed 5–18–18; 8:45 am] make. The EPA will generally not
requirements and does not impose BILLING CODE 6560–50–P
consider comments or comment
additional requirements beyond those contents located outside of the primary
imposed by state law. For that reason, submission (i.e., on the web, cloud, or
this proposed action: ENVIRONMENTAL PROTECTION other file sharing system). For
• Is not a significant regulatory action AGENCY additional submission methods, the full
subject to review by the Office of EPA public comment policy,
Management and Budget under 40 CFR Part 300 information about CBI or multimedia
Executive Orders 12866 (58 FR 51735, submissions, and general guidance on
[EPA–HQ–SFUND–1983–0002; FRL–9978–
October 4, 1993) and 13563 (76 FR 3821, 04–Region 2] making effective comments, please visit
January 21, 2011); http://www2.epa.gov/dockets/
• Is not an Executive Order 13771 (82 National Oil and Hazardous commenting-epa-dockets.
FR 9339, February 2, 2017) regulatory Substances Pollution Contingency FOR FURTHER INFORMATION CONTACT:
action because SIP approvals are Plan; National Priorities List: Deletion Christos Tsiamis, Remedial Project
exempted under Executive Order 12866; of the Fulton Terminals Superfund Site Manager, Emergency and Remedial
• Does not impose an information
AGENCY: Environmental Protection Response Division, U.S. Environmental
collection burden under the provisions
Agency. Protection Agency, 290 Broadway, 20th
of the Paperwork Reduction Act (44
sradovich on DSK3GMQ082PROD with PROPOSALS

Floor, New York, NY 10007–1866, 212–
U.S.C. 3501 et seq.); ACTION: Proposed rule; notice of intent
• Is certified as not having a 637–4257, or tsiamis.christos@epa.gov.
to delete.
significant economic impact on a SUPPLEMENTARY INFORMATION: Because
substantial number of small entities SUMMARY: The Fulton Terminals site residual groundwater contamination
under the Regulatory Flexibility Act (5 (Site), located in the City of Fulton, (cis-1,2-dichloroethene [DCE] and vinyl
U.S.C. 601 et seq.); Oswego County, New York, originally chloride [VC]) was still present in the
• Does not contain any unfunded consisted of an approximately 1.5-acre Off-Property area, this area remained on
mandate or significantly or uniquely ‘‘On-Property’’ area, bounded on the the NPL, and groundwater monitoring

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Document Created: 2018-11-02 11:08:06
Document Modified: 2018-11-02 11:08:06

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before June 20, 2018.
Contact		Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached via telephone at (404) 562-9088 or via electronic mail at [email protected]
FR Citation		83 FR 23407