83_FR_47060 83 FR 46880 - Air Plan Approval; Tennessee: Knox County NSR Reform

83 FR 46880 - Air Plan Approval; Tennessee: Knox County NSR Reform

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range46880-46882
FR Document2018-20041

The Environmental Protection Agency (EPA) is finalizing approval of several Tennessee State Implementation Plan (SIP) revisions submitted by the Tennessee Department of Environment & Conservation (TDEC), on behalf of Knox County's Air Quality Management Division, through letters dated March 7, 2017, and April 17, 2017. The SIP revisions modify the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations in the Knox County portion of the Tennessee SIP to address changes to the federal new source review (NSR) regulations in recent years for the implementation of the national ambient air quality standards (NAAQS). Additionally, the SIP revisions include updates to Knox County's minor source permitting regulations. This action is being approved pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46880-46882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20041]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0542; FRL-9983-75--Region 4]


Air Plan Approval; Tennessee: Knox County NSR Reform

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of several Tennessee State Implementation Plan (SIP) revisions 
submitted by the Tennessee Department of Environment & Conservation 
(TDEC), on behalf of Knox County's Air Quality Management Division, 
through letters dated March 7, 2017, and April 17, 2017. The SIP 
revisions modify the Prevention of Significant Deterioration (PSD) and 
Nonattainment New Source Review (NNSR) regulations in the Knox County 
portion of the Tennessee SIP to address changes to the federal new 
source review (NSR) regulations in recent years for the implementation 
of the national ambient air quality standards (NAAQS). Additionally, 
the SIP revisions include updates to Knox County's minor source 
permitting regulations. This action is being approved pursuant to the 
Clean Air Act (CAA or Act).

DATES: This rule will be effective October 17, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0542. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. The telephone number is (404) 562-8966. Mr. Febres can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    EPA is finalizing approval of changes to the Knox County portion of 
the Tennessee SIP regarding PSD and NNSR permitting, as well as updates 
to minor NSR, submitted by TDEC on behalf of Knox County's Air Quality 
Management Division.
    On March 7, 2017, Tennessee submitted two SIP revisions updating 
Knox County's Air Quality Management Regulations, Section 41.0 entitled 
``Regulations for the Review of New Sources,'' and Section 45.0 
entitled ``Prevention of Significant Deterioration.'' \1\ On April 17, 
2017, Tennessee submitted two additional SIP revisions, including 
additional changes to Section 41, and updates to Section 25.0 entitled 
``Permits.'' \2\ These SIP revisions are meant to address changes to 
the federal NSR regulations, as

[[Page 46881]]

promulgated by EPA in various rules. EPA is finalizing approval of the 
aforementioned SIP submittals in their entirety. Additional detail on 
these submittals, as well as the analysis of the changes and our 
rationale for approving them is presented in EPA's June 20, 2018, 
proposed rulemaking. See 83 FR 28568.
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency may not have received the 
submittal on this date, which is the date of the State submittal's 
cover letter.
    \2\ EPA notes that the Agency may not have received the 
submittal on this date, which is the date of the State submittal's 
cover letter.
---------------------------------------------------------------------------

II. Background

    Tennessee's March 7, 2017, SIP revisions make changes to Knox 
County's Air Quality Regulations, Section 41.0--``Regulations for the 
Review of New Sources'' and Section 45.0--``Prevention of Significant 
Deterioration'' to address changes to the federal NSR regulations, as 
promulgated by EPA in the 2002 NSR Reform Rules, and subsequent changes 
in other relevant rulemakings.
    As part of the changes to Section 41 and Section 45, Knox County 
adopted all the necessary provisions of the federal NNSR rules (found 
in 40 CFR 51.165) and the federal PSD rules (found in 40 CFR 51.166) to 
make them consistent with, and in some cases more stringent than, the 
federal rules. These changes included the adoption of several 
definitions in the federal PSD and NNSR rules, such as the definition 
of ``regulated NSR pollutant,'' as well as provisions regarding major 
NSR applicability procedures, actual-to-projected-actual applicability 
tests, plantwide applicability limits (PALs), and recordkeeping. 
Additionally, in the changes included in the March 7, 2017, SIP 
submittal, Knox County adopted the provisions of EPA's Ozone Phase 2 
Rule.
    The April 17, 2017, SIP revision included two changes to the Knox 
County portion of the Tennessee SIP, one making additional changes to 
Section 41, and another updating Section 25.0--``Permits.'' The 
revisions to Section 41 include additional changes to address several 
updates to the federal PSD rules regarding the PM2.5 NAAQS. 
As part of the revisions to Section 25, Knox County amends subsections 
25.1--``Construction Permit,'' and 25.3--``Operating Permit,'' to 
included changes to its NSR construction and operating permit 
regulations, as well as its minor NSR program.
    As mentioned above, EPA published a notice of proposed rulemaking 
on June 20, 2018 (83 FR 28568), proposing to approve the changes from 
Tennessee's March 7, 2017, and April 17, 2017, SIP revisions. The 
proposed rulemaking contains more detailed information regarding the 
Tennessee SIP revisions being approved and explains the rationale for 
this action. Comments on the proposed rulemaking were due on or before 
July 20, 2018. EPA received no relevant comments.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Knox County's 
Air Quality Management Regulations, Section 25.1--``Construction 
Permit,'' which is state effective January 18, 2017; Section 25.3--
``Operating Permits,'' which is state effective January 18, 2017; \3\ 
Section 41.0--``Regulations for the Review of New Sources,'' which is 
state effective January 18, 2017; and Section 45.0--``Prevention of 
Significant Deterioration,'' which is state effective July 20, 2016. 
These revisions amend Knox County's NSR rules to address several 
changes to the federal NSR regulations, as promulgated by EPA in the 
2002 NSR Reform Rules and subsequent actions. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------

    \3\ EPA is also reformatting the identification of the SIP-
approved portions of Section 25.0--``Permits'' in 40 CFR 52.2220(c) 
for ease of reference.
    \4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is finalizing approval of the revisions presented in 
Tennessee's March 7, 2017, and April 17, 2017, SIP submittals 
consisting of changes to Knox County's Air Quality Management 
Regulations, Section 41.0 entitled ``Regulations for the Review of New 
Sources,'' Section 45.0 entitled ``Prevention of Significant 
Deterioration,'' and Section 25.0 entitled ``Permits.''

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. 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 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action 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
     Do 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

[[Page 46882]]

direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 16, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 4, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
2. Section 52.2220(c) is amended in Table 3 by:
0
a. Removing the entry for ``25.0;''
0
b. Adding the heading ``Section 25.0--Permits'' and entries for 
``25.1,'' ``25.3,'' and ``25.2; 25.4; 25.5; 25.6; 25.7; 25. 10; 25.11'' 
in numerical order; and
0
c. Revising the entries for ``41.0'' and ``45.0''.
    The additions and revisions read as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *
* * * * *

                                 Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State        EPA approval
        State section              Title/subject     effective date        date               Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Section 25.0--Permits
----------------------------------------------------------------------------------------------------------------
25.1.........................  Construction Permit.       1/18/2017  9/17/2018,
                                                                      [Insert
                                                                      citation of
                                                                      publication].
25.3.........................  Operating Permit....       1/18/2017  9/17/2018,
                                                                      [Insert
                                                                      citation of
                                                                      publication].
25.2; 25.4; 25.5; 25.6; 25.7;  Application for            3/12/2014  4/22/2016, 81
 25.10; 25.11.                  Permit; Compliance                    FR 23640.
                                Schedule; Reporting
                                of Information;
                                Exemptions; Payment
                                of Fees; Permit by
                                Rule; Limiting a
                                Source's Potential
                                to Emit of VOC by
                                Recordkeeping.
 
                                                  * * * * * * *
41.0.........................  Regulation for the         1/18/2017  9/17/2018,
                                Review of New                         [Insert
                                Sources.                              citation of
                                                                      publication].
45.0.........................  Prevention of              7/20/2016  9/17/2018,
                                Significant                           [Insert
                                Deterioration.                        citation of
                                                                      publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-20041 Filed 9-14-18; 8:45 am]
BILLING CODE 6560-50-P



                                             46880            Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations

                                             ACTION:Notice of deviation from                         alternative route for vessels unable to               are listed on the www.regulations.gov
                                             drawbridge regulation.                                  pass through the bridge in the closed                 website. Although listed in the index,
                                                                                                     position. The Coast Guard will also                   some information is not publicly
                                             SUMMARY:    The Coast Guard has issued a                inform the users of the waterway                      available, i.e., Confidential Business
                                             temporary deviation from the operating                  through our Local Notice and Broadcast                Information or other information whose
                                             schedule that governs the US 17/US                      Notices to Mariners of the change in                  disclosure is restricted by statute.
                                             258/SR 32/James River Bridge, which                     operating schedule for the bridge so that             Certain other material, such as
                                             carries US 17, US 258, and SR 32, across                vessel operators can arrange their                    copyrighted material, is not placed on
                                             the James River, mile 5.0, between Isle                 transits to minimize any impact caused                the internet and will be publicly
                                             of Wight and Newport News, VA. The                      by the temporary deviation.                           available only in hard copy form.
                                             deviation is necessary to facilitate                       In accordance with 33 CFR 117.35(e),               Publicly available docket materials are
                                             bridge maintenance. This deviation                      the drawbridge must return to its regular             available either electronically through
                                             allows the bridge to remain in the                      operating schedule immediately at the                 www.regulations.gov or in hard copy at
                                             closed-to-navigation position.                          end of the effective period of this                   the Air Regulatory Management Section,
                                             DATES: The deviation is effective from 7                temporary deviation. This deviation                   Air Planning and Implementation
                                             a.m. on September 26, 2018, through                     from the operating regulations is                     Branch, Air, Pesticides and Toxics
                                             12:01 a.m. on September 28, 2018.                       authorized under 33 CFR 117.35.                       Management Division, U.S.
                                             ADDRESSES: The docket for this                            Dated: September 11, 2018.                          Environmental Protection Agency,
                                             deviation, USCG–2018–0761 is available                  Hal R. Pitts,                                         Region 4, 61 Forsyth Street SW, Atlanta,
                                             at http://www.regulations.gov. Type the                 Bridge Program Manager, Fifth Coast Guard
                                                                                                                                                           Georgia 30303–8960. EPA requests that
                                             docket number in the ‘‘SEARCH’’ box                     District.                                             if at all possible, you contact the person
                                             and click ‘‘SEARCH’’. Click on Open                     [FR Doc. 2018–20067 Filed 9–14–18; 8:45 am]
                                                                                                                                                           listed in the FOR FURTHER INFORMATION
                                             Docket Folder on the line associated                                                                          CONTACT section to schedule your
                                                                                                     BILLING CODE 9110–04–P
                                             with this deviation.                                                                                          inspection. The Regional Office’s
                                             FOR FURTHER INFORMATION CONTACT: If                                                                           official hours of business are Monday
                                             you have questions on this temporary                                                                          through Friday 8:30 a.m. to 4:30 p.m.,
                                                                                                     ENVIRONMENTAL PROTECTION                              excluding Federal holidays.
                                             deviation, call or email Mr. Michael
                                                                                                     AGENCY
                                             Thorogood, Bridge Administration                                                                              FOR FURTHER INFORMATION CONTACT:
                                             Branch Fifth District, Coast Guard;                     40 CFR Part 52                                        Andres Febres of the Air Regulatory
                                             telephone 757–398–6557, email                                                                                 Management Section, Air Planning and
                                             Michael.R.Thorogood@uscg.mil.                           [EPA–R04–OAR–2017–0542; FRL–9983–                     Implementation Branch, Air, Pesticides
                                                                                                     75—Region 4]                                          and Toxics Management Division, U.S.
                                             SUPPLEMENTARY INFORMATION: The
                                             Virginia Department of Transportation,                  Air Plan Approval; Tennessee: Knox                    Environmental Protection Agency,
                                             owner and operator of the U.S. 17/U.S.                  County NSR Reform                                     Region 4, 61 Forsyth Street SW, Atlanta,
                                             258/SR 32/James River Bridge which                                                                            Georgia 30303–8960. The telephone
                                             carries U.S. 17, U.S. 258, SR 32, across                AGENCY:  Environmental Protection                     number is (404) 562–8966. Mr. Febres
                                             the James River, mile 5.0, between Isle                 Agency (EPA).                                         can also be reached via electronic mail
                                             of Wight and Newport News, VA, has                      ACTION: Final rule.                                   at febres-martinez.andres@epa.gov.
                                             requested a temporary deviation from                                                                          SUPPLEMENTARY INFORMATION:
                                             the current operating schedule to                       SUMMARY:   The Environmental Protection
                                                                                                     Agency (EPA) is finalizing approval of                I. What action is EPA taking?
                                             facilitate replacement of a rotary cam
                                             limit switch in the span drive system of                several Tennessee State Implementation                   EPA is finalizing approval of changes
                                             the vertical lift span of the drawbridge.               Plan (SIP) revisions submitted by the                 to the Knox County portion of the
                                             The bridge has a vertical clearance of 60               Tennessee Department of Environment                   Tennessee SIP regarding PSD and NNSR
                                             feet above mean high water in the                       & Conservation (TDEC), on behalf of                   permitting, as well as updates to minor
                                             closed position and 145 feet above mean                 Knox County’s Air Quality Management                  NSR, submitted by TDEC on behalf of
                                             high water in the open position.                        Division, through letters dated March 7,              Knox County’s Air Quality Management
                                                The current operating schedule is set                2017, and April 17, 2017. The SIP                     Division.
                                             out in 33 CFR 117.5. Under this                         revisions modify the Prevention of                       On March 7, 2017, Tennessee
                                             temporary deviation, the bridge will be                 Significant Deterioration (PSD) and                   submitted two SIP revisions updating
                                             in the closed-to-navigation position                    Nonattainment New Source Review                       Knox County’s Air Quality Management
                                             from 7 a.m. on September 26, 2018,                      (NNSR) regulations in the Knox County                 Regulations, Section 41.0 entitled
                                             through 12:01 a.m. on September 28,                     portion of the Tennessee SIP to address               ‘‘Regulations for the Review of New
                                             2018.                                                   changes to the federal new source                     Sources,’’ and Section 45.0 entitled
                                                The James River is used by a variety                 review (NSR) regulations in recent years              ‘‘Prevention of Significant
                                             of vessels including deep draft ocean-                  for the implementation of the national                Deterioration.’’ 1 On April 17, 2017,
                                             going vessels, U.S. government and                      ambient air quality standards (NAAQS).                Tennessee submitted two additional SIP
                                             public vessels, small commercial                        Additionally, the SIP revisions include               revisions, including additional changes
                                             vessels, tug and barge traffic, and                     updates to Knox County’s minor source                 to Section 41, and updates to Section
                                             recreational vessels. The Coast Guard                   permitting regulations. This action is                25.0 entitled ‘‘Permits.’’ 2 These SIP
                                             has carefully coordinated the                           being approved pursuant to the Clean                  revisions are meant to address changes
                                                                                                     Air Act (CAA or Act).                                 to the federal NSR regulations, as
daltland on DSKBBV9HB2PROD with RULES




                                             restrictions with waterway users in
                                             publishing this temporary deviation.                    DATES: This rule will be effective
                                                Vessels able to pass through the                     October 17, 2018.                                       1 EPA notes that the Agency may not have

                                             bridge in the closed-to-navigation                      ADDRESSES: EPA has established a                      received the submittal on this date, which is the
                                                                                                                                                           date of the State submittal’s cover letter.
                                             position may do so at any time. The                     docket for this action under Docket                     2 EPA notes that the Agency may not have
                                             bridge will not be able to open for                     Identification No. EPA–R04–OAR–                       received the submittal on this date, which is the
                                             emergencies and there is no immediate                   2017–0542. All documents in the docket                date of the State submittal’s cover letter.



                                        VerDate Sep<11>2014   16:03 Sep 14, 2018   Jkt 244001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\17SER1.SGM   17SER1


                                                              Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations                                         46881

                                             promulgated by EPA in various rules.                    the proposed rulemaking were due on or                   See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             EPA is finalizing approval of the                       before July 20, 2018. EPA received no                    Thus, in reviewing SIP submissions,
                                             aforementioned SIP submittals in their                  relevant comments.                                       EPA’s role is to approve state choices,
                                             entirety. Additional detail on these                                                                             provided that they meet the criteria of
                                                                                                     III. Incorporation by Reference
                                             submittals, as well as the analysis of the                                                                       the CAA. These actions merely approve
                                             changes and our rationale for approving                    In this document, EPA is finalizing                   state law as meeting Federal
                                             them is presented in EPA’s June 20,                     regulatory text that includes                            requirements and do not impose
                                             2018, proposed rulemaking. See 83 FR                    incorporation by reference. In                           additional requirements beyond those
                                             28568.                                                  accordance with requirements of 1 CFR                    imposed by state law. For that reason,
                                                                                                     51.5, EPA is finalizing the incorporation                these actions:
                                             II. Background                                          by reference of Knox County’s Air                           • Are not a significant regulatory
                                                Tennessee’s March 7, 2017, SIP                       Quality Management Regulations,                          action subject to review by the Office of
                                             revisions make changes to Knox                          Section 25.1—‘‘Construction Permit,’’                    Management and Budget under
                                             County’s Air Quality Regulations,                       which is state effective January 18,                     Executive Orders 12866 (58 FR 51735,
                                             Section 41.0—‘‘Regulations for the                      2017; Section 25.3—‘‘Operating                           October 4, 1993) and 13563 (76 FR 3821,
                                             Review of New Sources’’ and Section                     Permits,’’ which is state effective                      January 21, 2011);
                                             45.0—‘‘Prevention of Significant                        January 18, 2017; 3 Section 41.0—                           • Are not an Executive Order 13771
                                             Deterioration’’ to address changes to the               ‘‘Regulations for the Review of New                      (82 FR 9339, February 2, 2017)
                                             federal NSR regulations, as promulgated                 Sources,’’ which is state effective                      regulatory action because SIP approvals
                                             by EPA in the 2002 NSR Reform Rules,                    January 18, 2017; and Section 45.0—                      are exempted under Executive Order
                                             and subsequent changes in other                         ‘‘Prevention of Significant                              12866;
                                             relevant rulemakings.                                   Deterioration,’’ which is state effective                   • Do not impose an information
                                                As part of the changes to Section 41                 July 20, 2016. These revisions amend                     collection burden under the provisions
                                             and Section 45, Knox County adopted                     Knox County’s NSR rules to address
                                                                                                                                                              of the Paperwork Reduction Act (44
                                             all the necessary provisions of the                     several changes to the federal NSR
                                                                                                                                                              U.S.C. 3501 et seq.);
                                             federal NNSR rules (found in 40 CFR                     regulations, as promulgated by EPA in
                                             51.165) and the federal PSD rules (found                                                                            • Are certified as not having a
                                                                                                     the 2002 NSR Reform Rules and
                                             in 40 CFR 51.166) to make them                                                                                   significant economic impact on a
                                                                                                     subsequent actions. EPA has made, and
                                             consistent with, and in some cases more                                                                          substantial number of small entities
                                                                                                     will continue to make, these materials
                                             stringent than, the federal rules. These                                                                         under the Regulatory Flexibility Act (5
                                                                                                     generally available through
                                             changes included the adoption of                                                                                 U.S.C. 601 et seq.);
                                                                                                     www.regulations.gov and at the EPA
                                             several definitions in the federal PSD                  Region 4 Office (please contact the                         • Do not contain any unfunded
                                             and NNSR rules, such as the definition                  person identified in the FOR FURTHER                     mandate or significantly or uniquely
                                             of ‘‘regulated NSR pollutant,’’ as well as              INFORMATION CONTACT section of this
                                                                                                                                                              affect small governments, as described
                                             provisions regarding major NSR                          preamble for more information).                          in the Unfunded Mandates Reform Act
                                             applicability procedures, actual-to-                    Therefore, these materials have been                     of 1995 (Pub. L. 104–4);
                                             projected-actual applicability tests,                   approved by EPA for inclusion in the                        • Do not have Federalism
                                             plantwide applicability limits (PALs),                  SIP, have been incorporated by                           implications as specified in Executive
                                             and recordkeeping. Additionally, in the                 reference by EPA into that plan, are                     Order 13132 (64 FR 43255, August 10,
                                             changes included in the March 7, 2017,                  fully federally enforceable under                        1999);
                                             SIP submittal, Knox County adopted the                  sections 110 and 113 of the CAA as of                       • Are not an economically significant
                                             provisions of EPA’s Ozone Phase 2 Rule.                 the effective date of the final rulemaking               regulatory action based on health or
                                                The April 17, 2017, SIP revision                     of EPA’s approval, and will be                           safety risks subject to Executive Order
                                             included two changes to the Knox                        incorporated by reference in the next                    13045 (62 FR 19885, April 23, 1997);
                                             County portion of the Tennessee SIP,                    update to the SIP compilation.4                             • Are not a significant regulatory
                                             one making additional changes to                                                                                 action subject to Executive Order 13211
                                             Section 41, and another updating                        IV. Final Action                                         (66 FR 28355, May 22, 2001);
                                             Section 25.0—‘‘Permits.’’ The revisions                    EPA is finalizing approval of the                        • Are not subject to requirements of
                                             to Section 41 include additional                        revisions presented in Tennessee’s                       Section 12(d) of the National
                                             changes to address several updates to                   March 7, 2017, and April 17, 2017, SIP                   Technology Transfer and Advancement
                                             the federal PSD rules regarding the                     submittals consisting of changes to                      Act of 1995 (15 U.S.C. 272 note) because
                                             PM2.5 NAAQS. As part of the revisions                   Knox County’s Air Quality Management                     application of those requirements would
                                             to Section 25, Knox County amends                       Regulations, Section 41.0 entitled                       be inconsistent with the CAA; and
                                             subsections 25.1—‘‘Construction                         ‘‘Regulations for the Review of New                         • Do not provide EPA with the
                                             Permit,’’ and 25.3—‘‘Operating Permit,’’                Sources,’’ Section 45.0 entitled                         discretionary authority to address, as
                                             to included changes to its NSR                          ‘‘Prevention of Significant                              appropriate, disproportionate human
                                             construction and operating permit                       Deterioration,’’ and Section 25.0 entitled               health or environmental effects, using
                                             regulations, as well as its minor NSR                   ‘‘Permits.’’                                             practicable and legally permissible
                                             program.                                                V. Statutory and Executive Order                         methods, under Executive Order 12898
                                                As mentioned above, EPA published                    Reviews                                                  (59 FR 7629, February 16, 1994).
                                             a notice of proposed rulemaking on June                                                                             The SIP is not approved to apply on
                                             20, 2018 (83 FR 28568), proposing to                      Under the CAA, the Administrator is                    any Indian reservation land or in any
                                             approve the changes from Tennessee’s                    required to approve a SIP submission                     other area where EPA or an Indian tribe
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                                             March 7, 2017, and April 17, 2017, SIP                  that complies with the provisions of the                 has demonstrated that a tribe has
                                             revisions. The proposed rulemaking                      Act and applicable Federal regulations.                  jurisdiction. In those areas of Indian
                                             contains more detailed information                        3 EPA is also reformatting the identification of the
                                                                                                                                                              country, the rule does not have tribal
                                             regarding the Tennessee SIP revisions                   SIP-approved portions of Section 25.0—‘‘Permits’’        implications as specified by Executive
                                             being approved and explains the                         in 40 CFR 52.2220(c) for ease of reference.              Order 13175 (65 FR 67249, November 9,
                                             rationale for this action. Comments on                    4 See 62 FR 27968 (May 22, 1997).                      2000), nor will it impose substantial


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                                             46882                 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations

                                             direct costs on tribal governments or                                    circuit by November 16, 2018. Filing a                         PART 52—APPROVAL AND
                                             preempt tribal law.                                                      petition for reconsideration by the                            PROMULGATION OF
                                                The Congressional Review Act, 5                                       Administrator of this final rule does not                      IMPLEMENTATION PLANS
                                             U.S.C. 801 et seq., as added by the Small                                affect the finality of this action for the
                                             Business Regulatory Enforcement                                          purposes of judicial review nor does it                        ■ 1. The authority citation for part 52
                                             Fairness Act of 1996, generally provides                                 extend the time within which a petition                        continues to read as follows:
                                             that before a rule may take effect, the                                  for judicial review may be filed, and                              Authority: 42.U.S.C. 7401 et seq.
                                             agency promulgating the rule must                                        shall not postpone the effectiveness of
                                             submit a rule report, which includes a                                   such rule or action. This action may not                       Subpart RR—Tennessee
                                             copy of the rule, to each House of the                                   be challenged later in proceedings to
                                             Congress and to the Comptroller General                                  enforce its requirements. See section                          ■  2. Section 52.2220(c) is amended in
                                             of the United States. EPA will submit a                                  307(b)(2).                                                     Table 3 by:
                                             report containing this action and other                                                                                                 ■ a. Removing the entry for ‘‘25.0;’’
                                                                                                                      List of Subjects in 40 CFR Part 52                             ■ b. Adding the heading ‘‘Section 25.0—
                                             required information to the U.S. Senate,
                                             the U.S. House of Representatives, and                                     Environmental protection, Air                                Permits’’ and entries for ‘‘25.1,’’ ‘‘25.3,’’
                                             the Comptroller General of the United                                    pollution control, Carbon monoxide,                            and ‘‘25.2; 25.4; 25.5; 25.6; 25.7; 25. 10;
                                             States prior to publication of the rule in                               Incorporation by reference, Lead,                              25.11’’ in numerical order; and
                                             the Federal Register. A major rule                                       Nitrogen dioxide, Ozone, Particulate                           ■ c. Revising the entries for ‘‘41.0’’ and
                                             cannot take effect until 60 days after it                                matter, Reporting and recordkeeping                            ‘‘45.0’’.
                                             is published in the Federal Register.                                    requirements, Sulfur oxides, Volatile                             The additions and revisions read as
                                             This action is not a ‘‘major rule’’ as                                   organic compounds.                                             follows:
                                             defined by 5 U.S.C. 804(2).
                                                                                                                        Dated: September 4, 2018.                                    § 52.2220    Identification of plan.
                                                Under section 307(b)(1) of the CAA,
                                                                                                                      Onis ‘‘Trey’’ Glenn, III,                                      *     *    *          *   *
                                             petitions for judicial review of this
                                             action must be filed in the United States                                Regional Administrator, Region 4.                                (c) * * *
                                             Court of Appeals for the appropriate                                         40 CFR part 52 is amended as follows:                      *     *    *          *   *

                                                                                                       TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
                                                                                                                                                               State effective
                                                     State section                                                Title/subject                                                      EPA approval date              Explanation
                                                                                                                                                                    date


                                                          *                                 *                            *                            *                        *                       *                     *

                                                                                                                                      Section 25.0—Permits

                                             25.1 ................................       Construction Permit ..............................................           1/18/2017    9/17/2018, [Insert cita-
                                                                                                                                                                                     tion of publication].
                                             25.3 ................................       Operating Permit ..................................................          1/18/2017    9/17/2018, [Insert cita-
                                                                                                                                                                                     tion of publication].
                                             25.2; 25.4; 25.5; 25.6;                     Application for Permit; Compliance Schedule;                                 3/12/2014    4/22/2016, 81 FR 23640.
                                               25.7; 25.10; 25.11.                         Reporting of Information; Exemptions; Pay-
                                                                                           ment of Fees; Permit by Rule; Limiting a
                                                                                           Source’s Potential to Emit of VOC by Record-
                                                                                           keeping.

                                                         *                                 *                     *                  *                                         *                    *                         *
                                             41.0 ................................       Regulation for the Review of New Sources .........                           1/18/2017 9/17/2018, [Insert cita-
                                                                                                                                                                                  tion of publication].
                                             45.0 ................................       Prevention of Significant Deterioration .................                    7/20/2016 9/17/2018, [Insert cita-
                                                                                                                                                                                  tion of publication].

                                                          *                                 *                            *                            *                        *                       *                     *



                                             *        *        *        *            *                                ENVIRONMENTAL PROTECTION                                       SUMMARY:   The Environmental Protection
                                             [FR Doc. 2018–20041 Filed 9–14–18; 8:45 am]                              AGENCY                                                         Agency (EPA) is approving a January 4,
                                             BILLING CODE 6560–50–P                                                                                                                  2018, request by the Wisconsin
                                                                                                                      40 CFR Part 52                                                 Department of Natural Resources
                                                                                                                                                                                     (Wisconsin) to revise its state
                                                                                                                      [EPA–R05–OAR–2018–0008; FRL–9982–                              implementation plan (SIP) for fine
                                                                                                                      61—Region 5]                                                   particulate matter (PM2.5). Wisconsin
                                                                                                                                                                                     updated its ambient air quality
                                                                                                                                                                                     standards for PM2.5 to be consistent with
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                                                                                                                      Air Plan Approval; Wisconsin;
                                                                                                                      Particulate Matter Standard                                    EPA’s 2012 revision to the PM2.5
                                                                                                                                                                                     national ambient air quality standards
                                                                                                                      AGENCY: Environmental Protection                               (NAAQS). Wisconsin also revised its
                                                                                                                      Agency (EPA).                                                  incorporation by reference rule to
                                                                                                                                                                                     update references to the EPA monitoring
                                                                                                                      ACTION:      Final rule.
                                                                                                                                                                                     methods.


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Document Created: 2018-09-15 01:37:01
Document Modified: 2018-09-15 01:37:01
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 will be effective October 17, 2018.
ContactAndres Febres of 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. The telephone number is (404) 562-8966. Mr. Febres can also be reached via electronic mail at [email protected]
FR Citation83 FR 46880 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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