[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17032-17034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05913]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0838; FRL-10006-95-Region 4]


Air Plan Approval; Tennessee; Volatile Organic Compounds 
Definition Rule Revision for Chattanooga

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Chattanooga portion of the Tennessee State 
Implementation Plan (SIP), provided by the Tennessee Department of 
Environment and Conservation on behalf of the Chattanooga-Hamilton 
County Air Pollution Control Bureau (Bureau) through a letter dated 
September 12, 2018. The revision makes changes to the definition of 
volatile organic compounds (VOC) that are consistent with changes to 
state and federal regulations. EPA is approving the changes because 
they are consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective April 27, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0838. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information may not be 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 and Radiation Division (formerly the 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: Evan Adams of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9009. Mr. Adams can also be reached via electronic mail at 
adams.evan@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is taking final action to approve changes to the Chattanooga 
portion of the Tennessee SIP \1\ that were provided to EPA through a 
letter dated September 12, 2018.\2\ EPA is finalizing approval of the 
portions of this SIP revision that make changes to air quality rules in 
Chattanooga Ordinance Part II, Chapter 4, Section 4-2, 
Definitions.3 4 5 The September 12, 2018, SIP revision makes 
changes to the definition of ``Volatile Organic Compounds'' in 
paragraphs 1 and 2 of that section to make the Chattanooga portion 
consistent with changes to Federal and SIP-approved Tennessee 
regulations.
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    \1\ The Bureau is comprised of Hamilton County and the 
municipalities of Chattanooga, Collegedale, East Ridge, Lakesite, 
Lookout Mountain, Red Bank, Ridgeside, Signal Mountain, Soddy Daisy, 
and Walden. The Bureau recommends regulatory revisions, which are 
subsequently adopted by the eleven jurisdictions. The Bureau then 
implements and enforces the regulations, as necessary, in each 
jurisdiction.
    \2\ EPA received the SIP revision on September 18, 2018.
    \3\ In this final action, EPA is also approving substantively 
identical changes in the following sections of the Air Pollution 
Control Regulations/Ordinances for the remaining jurisdictions 
within the Bureau, which were locally effective as of the relevant 
dates below: Hamilton County--Section 2 (9/6/17); City of 
Collegedale--Section 14-302 (10/16/17); City of East Ridge--Section 
8-2 (10/12/17); City of Lakesite--Section 14-2 (11/2/17); City of 
Red Bank--Section 20-2 (11/21/17); City of Soddy-Daisy--Section 8-2 
(10/5/17); City of Lookout Mountain--Section 2 (11/14/17); City of 
Ridgeside--Section 2 (1/16/18); City of Signal Mountain--Section 2 
(10/20/17); and Town of Walden--Section 2 (10/16/17).
    \4\ Because the air pollution control regulations/ordinances 
adopted by the jurisdictions within the Bureau are substantively 
identical, EPA refers solely to Chattanooga and the Chattanooga 
rules throughout the notice as representative of the other ten 
jurisdictions for brevity and simplicity.
    \5\ EPA finalized its approval of a separate portion of the 
September 12, 2018 SIP submittal through a July 31, 2019 (84 FR 
37099) rulemaking. EPA will act on the remaining portions of the 
September 12, 2018 submittal in a separate action.
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    In a notice of proposed rulemaking (NPRM) published on May 20, 2019 
(84 FR 22786), EPA proposed to approve the aforementioned changes to 
Part II, Chapter 4, Section 4-2, Definitions, in the Chattanooga 
portion of the Tennessee SIP. The NPRM provides additional details 
regarding EPA's action. Comments on the NPRM were due on or before June 
19, 2019. EPA received one comment on the proposed action. That comment 
is discussed below. EPA issued a minor clarification of its May 20, 
2019 NPRM in a second NPRM published on November 25, 2019 (84 FR 64806) 
which also included a proposal to approve changes to Chattanooga's SIP-
approved open burning rules. EPA received two comments on the proposed 
action regarding the open burning rules, which are not relevant to the 
changes to Part II, Chapter 4, Section 4-2, Definitions and will be 
addressed in a separate final action.

II. Response to Comment

    Comment: The Commenter asks why EPA needs to approve this SIP 
revision and suggests that states should not have to update their 
regulations and SIP whenever EPA changes a definition. The Commenter 
also suggests that EPA should establish a policy exempting such changes 
from needing a SIP revision and EPA approval.
    Response: Although the purpose of the SIP revision is to make the 
definition of VOC in the Chattanooga portion of the Tennessee SIP 
consistent with the definition of VOC in the Federal and SIP-approved 
Tennessee regulations, EPA did not impose a requirement that Tennessee 
or the Bureau, or any other state or local entity, revise its SIP to 
adopt the changes to the Federal definition that are addressed in the 
September 12, 2018 SIP revision. As explained herein and in the NPRM, 
see 84 FR at 22786, the Bureau, through Tennessee, requested this SIP 
revision, which has the effect of excluding additional compounds 
regulated as VOC. Pursuant to CAA section 110(k)(3), 42 U.S.C. 
7410(k)(3), ``EPA shall approve'' a SIP revision ``if it meets all of 
the applicable requirements'' of the Act. Thus, as a

[[Page 17033]]

matter of law, EPA is required to approve a SIP revision if it meets 
the Act's requirements, as this Tennessee SIP revision does.
    To the extent the Commenter is suggesting EPA establish a policy 
regarding such SIP revisions, EPA acknowledges the comment but notes 
that it is outside the scope of the action and does not require a 
substantive response.

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 Chattanooga 
City Code, Part II, Chapter 4, Section 4-2, locally effective on 
October 3, 2017,\6\ which make changes to definitions.\7\ 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 State implementation plan, 
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.\8\
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    \6\ In the May 20, 2019, NPRM, EPA inadvertently misidentified 
the locally effective date for Chattanooga's Section 4-2 as January 
23, 2017. The correct date is October 3, 2017.
    \7\ EPA's approval also includes regulations/ordinances 
submitted for the other ten jurisdictions within the Bureau. See 
footnote 3, supra.
    \8\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve the changes to the definition 
of VOC in Chapter 4 of Part II, Section 4-2, of the Chattanooga portion 
of the Tennessee SIP because the changes are consistent with section 
110 of the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
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 May 26, 2020. 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, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Dated: February 13, 2020.
Mary S. Walker,
Regional Administrator, Region 4.

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, in paragraph (c), amend Table 4 by revising the 
entry for ``Section 4-2'' under the heading ``Article I. In General'' 
to read as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *

[[Page 17034]]



                                  Table 4--EPA Approved Chattanooga Regulations
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         State section            Title/subject     Adoption date  EPA approval date          Explanation
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                                              Article I. In General
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                                                  * * * * * * *
Section 4-2...................  Definitions......         10/3/17  3/26/20, [Insert   EPA's approval includes
                                                                    citation of        the following sections of
                                                                    publication].      the Air Pollution Control
                                                                                       Regulations/Ordinances
                                                                                       for the remaining
                                                                                       jurisdictions within the
                                                                                       Chattanooga-Hamilton
                                                                                       County Air Pollution
                                                                                       Control Bureau, which
                                                                                       were locally effective as
                                                                                       of the relevant dates
                                                                                       below: Hamilton County--
                                                                                       Section 2 (9/6/17); City
                                                                                       of Collegedale--Section
                                                                                       14-302 (10/16/17); City
                                                                                       of East Ridge--Section 8-
                                                                                       2 (10/12/17); City of
                                                                                       Lakesite--Section 14-2
                                                                                       (11/2/17); City of Red
                                                                                       Bank--Section 20-2 (11/21/
                                                                                       17); City of Soddy-Daisy--
                                                                                       Section 8-2 (10/5/17);
                                                                                       City of Lookout Mountain--
                                                                                       Section 2 (11/14/17);
                                                                                       City of Ridgeside--
                                                                                       Section 2 (1/16/18); City
                                                                                       of Signal Mountain--
                                                                                       Section 2 (10/20/17); and
                                                                                       City of Walden--Section 2
                                                                                       (10/16/17).
 
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[FR Doc. 2020-05913 Filed 3-25-20; 8:45 am]
 BILLING CODE 6560-50-P


