83 FR 48547 - Air Plan Approval; Tennessee: Volatile Organic Compounds
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 187 (September 26, 2018)
Federal Register Volume 83, Issue 187 (September 26, 2018)
| Page Range | 48547-48548 | |
| FR Document | 2018-20860 |
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)] [Rules and Regulations] [Pages 48547-48548] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20860] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0395; FRL-9984-50--Region 4] Air Plan Approval; Tennessee: Volatile Organic Compounds AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a portion of a revision to the Chattanooga-Hamilton County portion of the Tennessee State Implementation Plan (SIP) submitted 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) on June 25, 2008. The revision amends the definition of ``volatile organic compounds'' (VOC) to be consistent with state and Federal regulations. 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: This rule will be effective October 26, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0395. 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: 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 by phone at (404) 562-9088 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 13, 2018 (83 FR 10813), EPA proposed to approve into the Tennessee SIP the portion of the revisions to the Chattanooga-Hamilton County air quality rules in Chapter 4 of Part II, Section 4-2, submitted by TDEC on behalf of Chattanooga-Hamilton County on June 25, 2008.\1\ The definition of ``Volatile Organic Compounds'' in Chapter 4 of Part II, Section 4-2, ``Definitions'' is amended to be consistent with the Federal definition of VOC at 40 CFR 51.100(s). In summary, the amendments add several compounds to the list of negligibly reactive compounds, make minor changes to paragraph 3 (related to preconditions to excluding compounds as VOCs), and adds paragraph 4 (related to test methods used for purposes of enforcement) and paragraph 5 (related to recordkeeping and reporting requirements for t-butyl acetate). The details of the Tennessee submissions and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before April 13, 2018. EPA did not receive any adverse comments on the proposed action. --------------------------------------------------------------------------- \1\ EPA will consider the other changes included in Tennessee's June 25, 2008, SIP revision in a separate rulemaking. --------------------------------------------------------------------------- II. Incorporation by Reference In this rule, 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 Chattanooga- Hamilton County's air quality rules in Chapter 4 of Part II, Section 4- 2, ``Definitions'' effective June 11, 2008,\2\ to be consistent with the definition of VOC at 51.100. 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.\3\ --------------------------------------------------------------------------- \2\ In the proposed rule at 83 FR 10814 (March 13, 2018), EPA inadvertently noted the ``Definitions'' state effective date as August 16, 1995. The correct state effective date, as reflected in this final rule, is June 11, 2008. \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action to approve a portion of a revision to the Chattanooga-Hamilton County portion of the Tennessee SIP which amends the definition of ``Volatile Organic Compounds'' in the Chattanooga Code, Chapter 4 of Part II, Section 4-2. This SIP revision also amends paragraph 3 and adds paragraphs 4 and 5 to the Chattanooga Code, Chapter 4 of Part II, Section 4-2 definition of VOC. EPA has evaluated the relevant portions of Tennessee's June 25, 2008, SIP revision and has determined that it meets the applicable requirements of the CAA and EPA regulations. IV. 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 [[Page 48548]] the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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. 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 26, 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 13, 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 4 under the heading ``Article I. In General'' by revising the entry for ``Section 4-2'' to read as follows: Sec. 52.52220 Identification of plan. * * * * * (c) * * * Table 4--EPA Approved Chattanooga Regulations ---------------------------------------------------------------------------------------------------------------- State section Title/subject Adoption date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Article I. In General ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 4-2.................... Definitions...... 6/11/2008 9/26/2018, [Insert .................... citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-20860 Filed 9-25-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48547
required by 5 U.S.C. 808(2), this website. Although listed in the index, explained in the proposed rulemaking.
determination is supported by a brief some information is not publicly Comments on the proposed rulemaking
statement in Unit III. available, i.e., Confidential Business were due on or before April 13, 2018.
Information or other information whose EPA did not receive any adverse
List of Subjects
disclosure is restricted by statute. comments on the proposed action.
40 CFR Part 9 Certain other material, such as
II. Incorporation by Reference
Environmental protection, Reporting copyrighted material, is not placed on
the internet and will be publicly In this rule, EPA is finalizing
and recordkeeping requirements. regulatory text that includes
available only in hard copy form.
40 CFR Part 721 Publicly available docket materials are incorporation by reference. In
Environmental protection, Chemicals, available either electronically through accordance with requirements of 1 CFR
Hazardous substances, Reporting and www.regulations.gov or in hard copy at 51.5, EPA is finalizing the incorporation
recordkeeping requirements. the Air Regulatory Management Section, by reference of Chattanooga-Hamilton
Air Planning and Implementation County’s air quality rules in Chapter 4
■ Accordingly, the amendments to 40
Branch, Air, Pesticides and Toxics of Part II, Section 4–2, ‘‘Definitions’’
CFR parts 9 and 721 published on effective June 11, 2008,2 to be consistent
August 1, 2018 (83 FR 37702), are Management Division, U.S.
Environmental Protection Agency, with the definition of VOC at 51.100.
withdrawn effective September 26, EPA has made, and will continue to
2018. Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that make, these materials generally
Dated: September 11, 2018. if at all possible, you contact the person available through www.regulations.gov
Lynn Vendinello, listed in the FOR FURTHER INFORMATION and at the EPA Region 4 Office (please
Acting Director, Chemical Control Division, CONTACT section to schedule your contact the person identified in the FOR
Office of Pollution Prevention and Toxics. inspection. The Regional Office’s FURTHER INFORMATION CONTACT section of
[FR Doc. 2018–20959 Filed 9–25–18; 8:45 am] official hours of business are Monday this preamble for more information).
BILLING CODE 6560–50–P through Friday 8:30 a.m. to 4:30 p.m., Therefore, these materials have been
excluding Federal holidays. approved by EPA for inclusion in the
FOR FURTHER INFORMATION CONTACT: SIP, have been incorporated by
ENVIRONMENTAL PROTECTION Tiereny Bell, Air Regulatory reference by EPA into that plan, are
AGENCY Management Section, Air Planning and fully federally-enforceable under
Implementation Branch, Air, Pesticides sections 110 and 113 of the CAA as of
40 CFR Part 52 and Toxics Management Division, U.S. the effective date of the final rulemaking
[EPA–R04–OAR–2017–0395; FRL–9984– Environmental Protection Agency, of EPA’s approval, and will be
50—Region 4] Region 4, 61 Forsyth Street SW, Atlanta, incorporated by reference in the next
Georgia 30303–8960. Ms. Bell can be update to the SIP compilation.3
Air Plan Approval; Tennessee: Volatile reached by phone at (404) 562–9088 or III. Final Action
Organic Compounds via electronic mail at bell.tiereny@
epa.gov. EPA is taking final action to approve
AGENCY: Environmental Protection a portion of a revision to the
Agency (EPA). SUPPLEMENTARY INFORMATION: Chattanooga-Hamilton County portion
ACTION: Final rule. I. Background of the Tennessee SIP which amends the
definition of ‘‘Volatile Organic
SUMMARY: The Environmental Protection On March 13, 2018 (83 FR 10813),
Compounds’’ in the Chattanooga Code,
Agency (EPA) is taking final action to EPA proposed to approve into the
Chapter 4 of Part II, Section 4–2. This
approve a portion of a revision to the Tennessee SIP the portion of the
SIP revision also amends paragraph 3
Chattanooga-Hamilton County portion revisions to the Chattanooga-Hamilton
and adds paragraphs 4 and 5 to the
of the Tennessee State Implementation County air quality rules in Chapter 4 of
Chattanooga Code, Chapter 4 of Part II,
Plan (SIP) submitted by the State of Part II, Section 4–2, submitted by TDEC
Section 4–2 definition of VOC. EPA has
Tennessee through the Tennessee on behalf of Chattanooga-Hamilton
evaluated the relevant portions of
Department of Environment and County on June 25, 2008.1 The
Tennessee’s June 25, 2008, SIP revision
Conservation (TDEC) on behalf of the definition of ‘‘Volatile Organic
and has determined that it meets the
Chattanooga-Hamilton County Air Compounds’’ in Chapter 4 of Part II,
Section 4–2, ‘‘Definitions’’ is amended applicable requirements of the CAA and
Pollution Control Bureau (Chattanooga- EPA regulations.
Hamilton County) on June 25, 2008. The to be consistent with the Federal
revision amends the definition of definition of VOC at 40 CFR 51.100(s). IV. Statutory and Executive Order
‘‘volatile organic compounds’’ (VOC) to In summary, the amendments add Reviews
be consistent with state and Federal several compounds to the list of Under the CAA, the Administrator is
regulations. The portion of the SIP negligibly reactive compounds, make required to approve a SIP submission
revision that EPA is approving is minor changes to paragraph 3 (related to that complies with the provisions of the
consistent with the requirements of the preconditions to excluding compounds Act and applicable Federal regulations.
Clean Air Act (CAA or Act). EPA will as VOCs), and adds paragraph 4 (related See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
act on the other portions of the June 25, to test methods used for purposes of Thus, in reviewing SIP submissions,
2008, submittal in a separate action. enforcement) and paragraph 5 (related
EPA’s role is to approve state choices,
DATES: This rule will be effective
to recordkeeping and reporting
provided that they meet the criteria of
daltland on DSKBBV9HB2PROD with RULES
October 26, 2018. requirements for t-butyl acetate). The
details of the Tennessee submissions
ADDRESSES: EPA has established a 2 In the proposed rule at 83 FR 10814 (March 13,
and the rationale for EPA’s action are 2018), EPA inadvertently noted the ‘‘Definitions’’
docket for this action under Docket
state effective date as August 16, 1995. The correct
Identification No. EPA–R04–OAR– 1 EPA will consider the other changes included in state effective date, as reflected in this final rule, is
2017–0395. All documents in the docket Tennessee’s June 25, 2008, SIP revision in a June 11, 2008.
are listed on the www.regulations.gov separate rulemaking. 3 62 FR 27968 (May 22, 1997).
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![48548 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
the CAA. This action merely approves application of those requirements would petition for reconsideration by the
state law as meeting Federal be inconsistent with the CAA; and Administrator of this final rule does not
requirements and does not impose • Does not provide EPA with the affect the finality of this action for the
additional requirements beyond those discretionary authority to address, as purposes of judicial review nor does it
imposed by state law. For that reason, appropriate, disproportionate human extend the time within which a petition
this action: health or environmental effects, using for judicial review may be filed, and
• Is not a significant regulatory action practicable and legally permissible shall not postpone the effectiveness of
subject to review by the Office of methods, under Executive Order 12898 such rule or action. This action may not
Management and Budget under (59 FR 7629, February 16, 1994). be challenged later in proceedings to
Executive Orders 12866 (58 FR 51735, The SIP is not approved to apply on enforce its requirements. See section
October 4, 1993) and 13563 (76 FR 3821, any Indian reservation land or in any 307(b)(2).
January 21, 2011); other area where EPA or an Indian tribe
• Is not an Executive Order 13771 (82 has demonstrated that a tribe has List of Subjects in 40 CFR Part 52
FR 9339, February 2, 2017) regulatory jurisdiction. In those areas of Indian Environmental protection, Air
action because SIP approvals are country, the rule does not have tribal pollution control, Carbon monoxide,
exempted under Executive Order 12866; implications as specified by Executive Incorporation by reference,
• Does not impose an information Order 13175 (65 FR 67249, November 9, Intergovernmental relations, Ozone,
collection burden under the provisions 2000), nor will it impose substantial
Reporting and recordkeeping
of the Paperwork Reduction Act (44 direct costs on tribal governments or
requirements, Volatile organic
U.S.C. 3501 et seq.); preempt tribal law.
compounds.
• Is certified as not having a The Congressional Review Act, 5
significant economic impact on a U.S.C. 801 et seq., as added by the Small Dated: September 13, 2018.
substantial number of small entities Business Regulatory Enforcement Onis ‘‘Trey’’ Glenn, III,
under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides Regional Administrator, Region 4.
U.S.C. 601 et seq.); that before a rule may take effect, the
• Does not contain any unfunded agency promulgating the rule must 40 CFR part 52 is amended as follows:
mandate or significantly or uniquely submit a rule report, which includes a
copy of the rule, to each House of the PART 52—APPROVAL AND
affect small governments, as described
Congress and to the Comptroller General PROMULGATION OF
in the Unfunded Mandates Reform Act
of the United States. EPA will submit a IMPLEMENTATION PLANS
of 1995 (Pub. L. 104–4);
• Does not have federalism report containing this action and other
implications as specified in Executive required information to the U.S. Senate, ■ 1. The authority citation for part 52
Order 13132 (64 FR 43255, August 10, the U.S. House of Representatives, and continues to read as follows:
1999); the Comptroller General of the United Authority: 42 U.S.C. 7401 et seq.
• Is not an economically significant States prior to publication of the rule in
regulatory action based on health or the Federal Register. A major rule Subpart RR—Tennessee
safety risks subject to Executive Order cannot take effect until 60 days after it
13045 (62 FR 19885, April 23, 1997); is published in the Federal Register. ■ 2. Section 52.2220(c) is amended in
• Is not a significant regulatory action This action is not a ‘‘major rule’’ as Table 4 under the heading ‘‘Article I. In
subject to Executive Order 13211 (66 FR defined by 5 U.S.C. 804(2). General’’ by revising the entry for
28355, May 22, 2001); Under section 307(b)(1) of the CAA, ‘‘Section 4–2’’ to read as follows:
• Is not subject to requirements of petitions for judicial review of this
§ 52.52220 Identification of plan.
Section 12(d) of the National action must be filed in the United States
Technology Transfer and Advancement Court of Appeals for the appropriate * * * * *
Act of 1995 (15 U.S.C. 272 note) because circuit by November 26, 2018. Filing a (c) * * *
TABLE 4—EPA APPROVED CHATTANOOGA REGULATIONS
State section Title/subject Adoption date EPA approval date Explanation
Article I. In General
* * * * * * *
Section 4–2 ...................... Definitions ........................ 6/11/2008 9/26/2018, [Insert citation of publication] ...................
* * * * * * *
* * * * *
[FR Doc. 2018–20860 Filed 9–25–18; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-09-26 00:47:28
Document Modified: 2018-09-26 00:47:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 26, 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 by phone at (404) 562-9088 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 48547 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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