[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37099-37101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0004; FRL-9997-38-Region 4]


Air Plan Approval; TN; Updates to the National Ambient Air 
Quality Standards for Chattanooga

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking 
final action to approve a revision to the Chattanooga portion of the 
Tennessee State Implementation Plan (SIP), provided by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation from Chattanooga/Hamilton County Air Pollution Control 
Bureau by a letter dated September 12, 2018. The revision updates the 
National Ambient Air Quality Standards (NAAQS) in the Chattanooga 
portion of the Tennessee SIP. The amendments in the Tennessee SIP 
reflect recent revisions made to the federal NAAQS. EPA is approving 
the changes because they are consistent with the Clean Air Act (CAA or 
Act).

DATES: This rule will be effective August 30, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2019-0004. 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 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

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare for six criteria pollutants: ozone, particulate matter (PM) 
(including fine particulate matter, or PM2.5), carbon 
monoxide, lead, sulfur dioxide, and nitrogen dioxide. 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 50, National 
Primary and Secondary Ambient Air Quality Standards.
    EPA is taking final action to approve changes to the Chattanooga 
portion of the Tennessee SIP that were provided to EPA through a letter 
dated September 12, 2018.\1\ EPA is finalizing approval of the portions 
of this SIP revision that make changes to air quality rules in Part II, 
Chapter 4, Article II, Section 4-41.\2\ The September 12, 2018, SIP 
revision makes changes to the SIP that deletes the current version and 
substitutes a revised version of Part II, Chapter 4, Article II, 
Section 4-41, Rule 21 of the Chattanooga City Code ``Ambient Air 
Quality Standards.'' Hamilton County revised its rule to be consistent 
with changes to the federal NAAQS.
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    \1\ EPA notes that the Agency received the SIP revision on 
September 18, 2018.
    \2\ As discussed in the NPRM, EPA does not recognize gaseous 
fluorides as criteria pollutants and EPA is not acting to approve 
the standard related to gaseous fluorides. See 84 FR 11917, n.4.
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    In a notice of proposed rulemaking (NPRM) published on March 29, 
2019 (84 FR 11917), EPA proposed to approve the aforementioned changes 
to Part II, Chapter 4, Article II, Section 4-41 in the Chattanooga 
portion of the Tennessee SIP, which address the NAAQS. The NPRM 
provides additional details regarding EPA's action. Comments on the 
NPRM were due on or before April 29, 2019.

II. Response to Comments

    EPA received one potentially adverse comment on its March 29, 2019, 
NPRM. This comment is provided in the docket for today's final action. 
EPA has summarized and responded to the comment below.
    Comment: The Commenter notes that ``high levels of ground level 
ozone, airborne particles and other matter'' pose a threat to human 
health, ``making this proposal a public concern.'' The Commenter also 
states that any changes to the SIP ``must consider any changes in 
location of monitoring sites, protocol of air quality monitoring and 
quality standards sample so that there is no heteroskedasticity which 
could lead to corruption of time measure data.'' According to the 
Commenter, if any of these changes have been made, ``further scrutiny 
should be made concerning the motive or whether data has been skewed in 
favor of noncompliance.'' The Commenter further states that it is 
``important that careful consideration and verification be given to 
this proposed revision.''

[[Page 37100]]

    Response: It is unclear how the commenter would like EPA to change 
the proposed rule. To the extent the commenter is concerned about the 
health effects of air pollution, EPA notes that final approval of this 
SIP revision will incorporate more protective NAAQS into the 
Chattanooga portion of the Tennessee SIP. To the extent the commenter 
is concerned about air quality monitoring, these concerns are outside 
of the scope of this rulemaking, which updates Tennessee's SIP solely 
to reflect the current NAAQS. Tennessee's SIP revision does not change 
the location of any monitoring sites or any air quality monitoring 
plans. EPA further notes that it has carefully evaluated the SIP 
revision and is approving it for the reasons discussed in this notice 
and the NPRM.

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 changes to 
the Chattanooga portion of the Tennessee SIP at Part II, Chapter 4, 
Article II, Section 4-41, Rule 21, state effective January 23, 2017. 
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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve changes to Part II, Chapter 
4, Article II, Section 4-41, Rule 21, 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 September 30, 2019. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds, Lead, Carbon Monoxide.

    Dated: July 18, 2019.
 Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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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), Table 4, is amended under Article II. Section 4-
41 Rules, Regulations, Criteria, Standards by revising the entry for 
``Section 4-41 Rule 21'' to read as follows:

[[Page 37101]]

Sec.  52.2220  Identification of plan.

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    (c) * * *

                                  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 II. Section 4-41 Rules, Regulations, Criteria, Standards
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Section 4-41 Rule 21...........  Ambient Air                1/23/17  7/31/2019, [Insert  With the exception of
                                  Quality Standards.                  citation of         the portions related
                                                                      publication].       to the standard for
                                                                                          gaseous fluorides,
                                                                                          which are not approved
                                                                                          into the SIP.
 
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[FR Doc. 2019-16194 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P


