[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Rules and Regulations]
[Pages 19888-19890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0203; FRL-10007-16-Region 4]


Air Plan Approvals; TN; Prevention of Significant Deterioration 
Infrastructure Requirements for the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving portions of the Tennessee infrastructure State Implementation 
Plan (SIP) submission for the 2015 8-hour ozone National Ambient Air 
Quality Standards (NAAQS) provided to EPA on September 13, 2018. 
Whenever EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires that states adopt and submit a SIP submission to 
establish that the state's SIP meets infrastructure requirements for 
the implementation, maintenance, and enforcement of each such NAAQS. 
Specifically, EPA is taking final action to conditionally approve the 
portions of the Tennessee infrastructure SIP submission related to the 
prevention of significant deterioration (PSD) infrastructure

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elements for the 2015 8-hour ozone NAAQS.

DATES: This rule will be effective May 11, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0203. 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, 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: Nacosta C. Ward 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. Ms. Ward can be reached 
by telephone at (404) 562-9140 or via electronic mail at 
ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On October 1, 2015, EPA promulgated revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(2) requires states to address basic SIP 
elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP.'' States were required 
to submit such SIP revisions for the 2015 8-hour ozone NAAQS to EPA no 
later than October 1, 2018.\1\
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    \1\ In infrastructure SIP submissions, states generally certify 
evidence of compliance with sections 110(a)(1) and (2) of the CAA 
through a combination of state regulations and statutes, some of 
which have been incorporated into the SIP. In addition, certain 
federally-approved, non-SIP regulations may also be appropriate for 
demonstrating compliance with sections 110(a)(1) and (2).
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    As explained in a notice of proposed rulemaking (NPRM) published 
February 11, 2020 (85 FR 7692), Tennessee cites to Tennessee Air 
Pollution Control Regulations (TAPCR) 1200-03-09-.01(4) ``Prevention of 
Significant Deterioration of Air Quality'' to demonstrate that its SIP 
meets the PSD-related infrastructure requirements of sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),\2\ and 110(a)(2)(J). Each 
of these requirements are met if the State's SIP includes a PSD program 
that meets current federal requirements, however, Tennessee's SIP-
approved PSD program does not contain or reference the most recent 
version of 40 CFR part 51, appendix W, Guideline on Air Quality 
Models.\3\ Therefore, on November 15, 2019, TDEC submitted a commitment 
letter to EPA requesting conditional approval of the PSD-related 
program requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
(Prong 3) and 110(a)(2)(J) of the aforementioned infrastructure SIP 
submission. In its commitment letter, Tennessee commits to satisfy the 
PSD program requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
(Prong 3), and 110(a)(2)(J) for the 2015 8-hour ozone NAAQS by revising 
their PSD regulations to reflect the most recent version of appendix W 
and submitting SIP revisions containing these revised rules within one 
year of final conditional approval.
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    \2\ Section 110(a)(2)(D)(i)(II) contains a provision that 
prohibits emissions activity in one state interfering with measures 
required to prevent significant deterioration of air quality in 
another state, which is commonly referred to as ``prong 3.''
    \3\ EPA approved the most recent version of appendix W on 
January 17, 2017, at 82 FR 5182.
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    If Tennessee meets its commitment to submit the SIP revision(s) 
within one year of the final conditional approval, the PSD-related 
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3) 
and 110(a)(2)(J) of the conditionally approved infrastructure SIP 
submissions will remain a part of the SIP until EPA takes final action 
approving or disapproving the new SIP revision(s). However, if the 
State fails to submit these revisions within the one-year timeframe, 
the conditional approval will automatically become a disapproval one 
year from EPA's final conditional approval and EPA will provide 
notification of the disapproval of these requirements. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the FIP requirement under CAA section 110(c).
    In the NPRM published on February 11, 2020 (85 FR 7692), EPA 
proposed to conditionally approve Tennessee's SIP submission provided 
on September 13, 2018, for the applicable PSD-related infrastructure 
SIP requirements of the 2015 8-hour ozone NAAQS. The NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the NPRM were due on or before March 12, 2020, no 
adverse comments were received.

II. Final Action

    EPA is taking final action to conditionally approve the portions of 
Tennessee's September 13, 2018, 2015 8-hour ozone infrastructure SIP 
submission that address the PSD-related requirements of CAA sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J). All 
other outstanding applicable infrastructure requirements for this SIP 
submission have been or will be addressed in separate rulemakings.

III. 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 do 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.);

[[Page 19890]]

     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 June 8, 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 17, 2020.
Mary S. Walker,
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

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2. Amend Sec.  52.2219 by designating the text as paragraph (a) and 
adding paragraph (b) to read as follows:


Sec.  52.2219   Conditional approval.

    (a) * * *
    (b) Tennessee submitted a letter to EPA on November 15, 2019, with 
a commitment to address the State Implementation Plan deficiencies 
regarding the PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 2015 8-hour 
ozone NAAQS. EPA conditionally approved these portions of Tennessee's 
September 13, 2018, infrastructure SIP submission in an action 
published in the Federal Register on April 9, 2020. If Tennessee fails 
to meet its commitment by April 9, 2021, the conditional approval will 
become a disapproval on that date and EPA will issue a notification to 
that effect.
[FR Doc. 2020-06586 Filed 4-8-20; 8:45 am]
 BILLING CODE 6560-50-P


