[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46880-46882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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.
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    \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.
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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\
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    \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).
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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) * * *
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                                 Table 3--EPA Approved Knox County, Regulations
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                                                          State        EPA approval
        State section              Title/subject     effective date        date               Explanation
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                                              Section 25.0--Permits
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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].
 
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[FR Doc. 2018-20041 Filed 9-14-18; 8:45 am]
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