83 FR 50022 - Air Plan Approval; TN; Revisions to Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50022-50024 | |
| FR Document | 2018-21473 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Rules and Regulations] [Pages 50022-50024] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21473] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0395; FRL-9984-89-Region 4] Air Plan Approval; TN; Revisions to Ambient Air Quality Standards 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 Chattanooga/Hamilton County Air Pollution Control Bureau (Chattanooga/Hamilton County) on June 25, 2008. The changes to the SIP that EPA is taking final action to approve include changes to Chattanooga/Hamilton County's air quality standards for carbon monoxide, lead, nitrogen dioxide, particulate matter, ozone, and sulfur dioxide to reflect the current National Ambient Air Quality Standards (NAAQS). The portions of the SIP revision that EPA is approving are consistent with the requirements of the Clean Air Act (CAA or Act). DATES: This rule will be effective November 5, 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 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 Sections 108 and 109 of the CAA govern the establishment, review, and revision, as appropriate, of the 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. In a proposed rulemaking published on May 21, 2018 (83 FR 23407), EPA proposed to approve into the Tennessee SIP a portion of a revision to Chattanooga/Hamilton County's air quality rules in Chapter 4 of Part II, Section 4-41, submitted by TDEC on behalf of the Chattanooga/ Hamilton County Air Pollution Control Bureau on June 25, 2008. Specifically, EPA proposed to approve a new version of Chapter 4 of Part II, Section 4-41, Rule 21 of the Chattanooga City Code [[Page 50023]] ``Ambient Air Quality Standards,'' \1\ which was updated to be consistent with the Federal NAAQS in effect at the time of the SIP submittal in 2008. The details of Tennessee's submission and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before June 20, 2018. EPA did not receive any adverse comments on the proposed action. EPA is now taking final action to approve the above-referenced revision. --------------------------------------------------------------------------- \1\ EPA will consider the other changes included in Tennessee's June 25, 2008, SIP revision in a future 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 Regulation Chapter 4 of Part II, Section 4-41, Rule 21, ``Ambient Air Quality Standards,'' State effective on June 11, 2008. 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.\2\ --------------------------------------------------------------------------- \2\ See 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action to approve a change to the Chattanooga/ Hamilton County portion of the Tennessee 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. 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 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 December 3, 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 19, 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. In Sec. 52.2220(c), Table 4 is amended under the heading ``Article II. Section 4-41 Rules, Regulations, Criteria, Standards'' by revising the entry for ``Section 4-41 Rule 21'' to read as follows: [[Page 50024]] Sec. 52.2220 Identification of plan. * * * * * (c) * * * Table 4--EPA Approved Chattanooga Regulations ---------------------------------------------------------------------------------------------------------------- State section Title/subject Adoption date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article II. Section 4-41 Rules, Regulations, Criteria, Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 4-41 Rule 21............ Ambient Air 6/11/2008 10/4/2018, [Insert ..................... Quality Standards. citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-21473 Filed 10-3-18; 8:45 am] BILLING CODE 6560-50-P
![50022 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State approval/
State citation Title/subject EPA approval date Explanation
Submittal date
Section 114.623 ................ Small Business Incentives 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
Section 114.650 ................ Definitions ........................ 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.651 ................ Applicability ...................... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.652 ................ Qualifying Vehicles .......... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.653 ................ Grant Eligibility ................. 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
Division 8: Seaport and Rail Yard Areas Emissions Reduction Program
Section 114.680 ................ Definitions ........................ 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.681 ................ Applicability ...................... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.682 ................ Eligible Vehicle Models .... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
* * * * * approving are consistent with the Management Section, Air Planning and
[FR Doc. 2018–21453 Filed 10–3–18; 8:45 am] requirements of the Clean Air Act (CAA Implementation Branch, Air, Pesticides
BILLING CODE 6560–50–P or Act). and Toxics Management Division, U.S.
DATES: This rule will be effective Environmental Protection Agency,
November 5, 2018. Region 4, 61 Forsyth Street SW, Atlanta,
ENVIRONMENTAL PROTECTION Georgia 30303–8960. Ms. Bell can be
AGENCY ADDRESSES: EPA has established a
reached by phone at (404) 562–9088 or
docket for this action under Docket
40 CFR Part 52 via electronic mail at bell.tiereny@
Identification No. EPA–R04–OAR–
epa.gov.
[EPA–R04–OAR–2017–0395; FRL–9984–89–
2017–0395. All documents in the docket
Region 4] are listed on the www.regulations.gov SUPPLEMENTARY INFORMATION:
website. Although listed in the index,
Air Plan Approval; TN; Revisions to some information is not publicly I. Background
Ambient Air Quality Standards available, i.e., Confidential Business
Information or other information whose Sections 108 and 109 of the CAA
AGENCY: Environmental Protection disclosure is restricted by statute. govern the establishment, review, and
Agency (EPA). Certain other material, such as revision, as appropriate, of the NAAQS
ACTION: Final rule. copyrighted material, is not placed on to protect public health and welfare.
the internet and will be publicly The CAA requires periodic review of the
SUMMARY: The Environmental Protection air quality criteria—the science upon
Agency (EPA) is taking final action to available only in hard copy form.
Publicly available docket materials are which the standards are based—and the
approve a portion of a revision to the standards themselves. EPA’s regulatory
Chattanooga/Hamilton County portion available either electronically through
www.regulations.gov or in hard copy at provisions that govern the NAAQS are
of the Tennessee State Implementation found at 40 CFR part 50—National
Plan (SIP) submitted by the State of the Air Regulatory Management Section,
Air Planning and Implementation Primary and Secondary Ambient Air
Tennessee through the Tennessee Quality Standards.
Department of Environment and Branch, Air, Pesticides and Toxics
Conservation (TDEC) on behalf of Management Division, U.S. In a proposed rulemaking published
Chattanooga/Hamilton County Air Environmental Protection Agency, on May 21, 2018 (83 FR 23407), EPA
Pollution Control Bureau (Chattanooga/ Region 4, 61 Forsyth Street SW, Atlanta, proposed to approve into the Tennessee
Hamilton County) on June 25, 2008. The Georgia 30303–8960. EPA requests that SIP a portion of a revision to
changes to the SIP that EPA is taking if possible, you contact the person listed Chattanooga/Hamilton County’s air
final action to approve include changes in the FOR FURTHER INFORMATION quality rules in Chapter 4 of Part II,
to Chattanooga/Hamilton County’s air CONTACT section to schedule your Section 4–41, submitted by TDEC on
daltland on DSKBBV9HB2PROD with RULES
quality standards for carbon monoxide, inspection. The Regional Office’s behalf of the Chattanooga/Hamilton
lead, nitrogen dioxide, particulate official hours of business are Monday County Air Pollution Control Bureau on
matter, ozone, and sulfur dioxide to through Friday 8:30 a.m. to 4:30 p.m., June 25, 2008. Specifically, EPA
reflect the current National Ambient Air excluding Federal holidays. proposed to approve a new version of
Quality Standards (NAAQS). The FOR FURTHER INFORMATION CONTACT: Chapter 4 of Part II, Section 4–41, Rule
portions of the SIP revision that EPA is Tiereny Bell, Air Regulatory 21 of the Chattanooga City Code
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![50024 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
§ 52.2220 Identification of plan. (c) * * *
* * * * *
TABLE 4—EPA APPROVED CHATTANOOGA REGULATIONS
State section Title/subject Adoption date EPA approval date Explanation
* * * * * * *
Article II. Section 4–41 Rules, Regulations, Criteria, Standards
* * * * * * *
Section 4–41 Rule 21 .................... Ambient Air Quality Standards ...... 6/11/2008 10/4/2018, [Insert citation of publi-
cation].
* * * * * * *
* * * * * whose disclosure is restricted by statute. NAAQS, lowering the standard from 1.5
[FR Doc. 2018–21473 Filed 10–3–18; 8:45 am] Certain other material, such as micrograms per cubic meter (mg/m3) to
BILLING CODE 6560–50–P copyrighted material, is not placed on 0.15 mg/m3 (73 FR 66963). The State
the internet and will be publicly conducted ambient air monitoring for
available only in hard copy form. Pb in the Council Bluffs area near Pb
ENVIRONMENTAL PROTECTION Publicly available docket materials are emitting facilities. The 2010 through
AGENCY available through https:// 2012 design value for Pb at the monitor
www.regulations.gov or please contact was 0.26 mg/m3, violating the 2008 Pb
40 CFR Parts 52 and 81 the person identified in the FOR FURTHER NAAQS.
[EPA–R07–OAR–2018–0532; FRL–9984–64– INFORMATION CONTACT section for Effective December 31, 2011, EPA
Region 7] additional information. designated a portion of Pottawattamie
FOR FURTHER INFORMATION CONTACT: Ms. County, Council Bluffs, Iowa, as
Air Plan Approval; State of Iowa; Stephanie Doolan, Environmental nonattainment for the 2008 Pb NAAQS
Attainment Redesignation for 2008 Protection Agency, Air Planning and (76 FR 72097). EPA approved the State’s
Lead NAAQS and Associated Development Branch, 11201 Renner SIP revision for the plan to bring the
Maintenance Plan Boulevard, Lenexa, KS 66219 at (913) area into attainment of the Pb NAAQS
551–7719 or by email at in a Federal Register action dated
AGENCY: Environmental Protection February 26, 2016 (81 FR 9770). The
Agency (EPA). doolan.stephanie@epa.gov.
area attained the 2008 Pb NAAQS by the
ACTION: Final rule. SUPPLEMENTARY INFORMATION:
statutory deadline of December 31,
Throughout this document ‘‘we,’’ ‘‘us,’’
2016. The 2014 through 2016 design
SUMMARY: The Environmental Protection and ‘‘our’’ refer to EPA. This section
value for the area is 0.10 mg/m3.
Agency (EPA) is taking final action to provides additional information by EPA’s proposed approval document
approve the State of Iowa’s request to addressing the following: dated August 16, 2018, (83 FR 40728)
redesignate portions of Pottawattamie I. What is being addressed in this document? presents a detailed analysis of the CAA
County, Council Bluffs, Iowa to II. Have the requirements for approval of a requirements for redesignating a
attainment for the 2008 lead (Pb) SIP submission been met? nonattainment area to attainment.
National Ambient Air Quality Standards III. EPA’s Response To Comments
Specifically, section 107(d)(3)(E) of the
(NAAQS). EPA’s approval of the IV. What action is EPA taking?
V. Statutory and Executive Order Reviews CAA allows for redesignation provided
redesignation request is based on the the following criteria are met: (1) The
determination that the Council Bluffs I. What action is being addressed in this Administrator determines that the area
area has met the criteria for document? has attained the applicable NAAQS; (2)
redesignation to attainment set forth in the Administrator has fully approved
EPA is granting final approval of
the Clean Air Act (CAA), including the the applicable implementation plan for
Iowa’s request to redesignate the
determination that the area has attained the area under section 110(k); (3) the
Council Bluffs area to attainment for the
the standard. Additionally, EPA is improvement in air quality is due to
2008 Pb NAAQS. On September 18,
granting final approval of the State’s permanent and enforceable reductions
2017, the State submitted a request for
plan for maintaining the 2008 Pb in emissions resulting from
redesignation that demonstrates NAAQS
NAAQS in the Council Bluffs area for implementation of the applicable SIP
attainment and an associated
ten years beyond redesignation. and applicable Federal air pollutant
maintenance plan to ensure that the area
DATES: This final rule is effective on continues to attain the standard. The control regulations and other permanent
November 5, 2018. basis for EPA’s final approval is that the and enforceable reductions; (4) the
ADDRESSES: EPA has established a area met the requirements of the Clean Administrator has fully approved a
docket for this action under Docket ID maintenance plan for the area as
daltland on DSKBBV9HB2PROD with RULES
Air Act (CAA) for approval as discussed
No. EPA–R07–OAR–2018–0532. All below. meeting the requirements of section
documents in the docket are listed on 175A; and (5) the State containing such
the https://www.regulations.gov II. Have the requirements for approval area has met all requirements applicable
website. Although listed in the index, of a SIP submission been met? to the area under section 110 and part
some information is not publicly On October 15, 2008, EPA D of title I of the CAA. EPA believes the
available, i.e., CBI or other information promulgated a revision to the Pb area has met these criteria and that the
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Document Created: 2018-10-04 02:03:08
Document Modified: 2018-10-04 02:03:08
| 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 November 5, 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 50022 | |
| CFR Associated | Environmental 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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