[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Rules and Regulations]
[Pages 14420-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04772]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0270; FRL-10006-33-Region 4]


Air Plan Approval; Tennessee: Open Burning and Definitions 
Revisions for Chattanooga

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 (TDEC) from 
the Chattanooga/Hamilton County Air Pollution Control Bureau through a 
letter dated September 12, 2018. The submission revises the open 
burning regulations in the Chattanooga portion of the Tennessee SIP. 
EPA is approving the changes because they are consistent with the Clean 
Air Act (CAA or Act).

DATES: This rule is effective April 13, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2019-0270. 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: Andres Febres, 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) 562-8966. Mr. Febres can also be reached via electronic mail at 
febres-martinez.andres@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is taking final action to approve changes to the Chattanooga-
Hamilton County 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 
relating to open burning at Chattanooga Ordinance Part II, Chapter 4, 
Article II, Section 4-41, Rule 6--``Prohibition of Open Burning.'' 
2 3
---------------------------------------------------------------------------

    \1\ EPA received the SIP revision on September 18, 2018.
    \2\ 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 41, Rule 6 (9/6/17); City of 
Collegedale--Section 14-341, Rule 6 (10/16/17); City of East Ridge--
Section 8-41, Rule 6 (10/12/17); City of Lakesite--Section 14-41, 
Rule 6 (11/2/17); City of Red Bank--Section 20-41, Rule 6 (11/21/
17); City of Soddy-Daisy--Section 8-41, Rule 6 (10/5/17); City of 
Lookout Mountain--Section 41, Rule 6 (11/14/17); City of Ridgeside 
Section 41, Rule 6 (1/16/18); City of Signal Mountain Section 41, 
Rule 6 (10/20/17); and Town of Walden Section 41, Rule 6 (10/16/17).
    \3\ 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.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on November 25, 
2019 (84 FR 64806), EPA proposed to approve changes to open burning at 
Chattanooga Ordinance Part II, Chapter 4, Article II, Section 4-41, 
Rule 6--``Prohibition of Open Burning'' in the Chattanooga-Hamilton 
County portion of the Tennessee SIP.\4\ The NPRM provides additional 
details regarding EPA's action. Comments on the NPRM were due on or 
before December 26, 2019.
---------------------------------------------------------------------------

    \4\ In a November 25, 2019, NPRM, EPA provided clarification on 
its May 20, 2019 (84 FR 22786), proposed approval of part of the 
September 12, 2018, submittal relating to the SIP-approved 
definition of ``volatile organic compounds'' at Chattanooga Air 
Pollution Control Ordinance Part II, Chapter 4, Article I, Section 
4-2--``Definitions.'' Specifically, in the November 25, 2019, NPRM, 
EPA clarified that its proposed approval of Chattanooga's revised 
definition of ``volatile organic compounds'' also includes 
substantively identical revisions to the regulations/ordinances of 
the other ten jurisdictions within the Bureau. EPA is finalizing its 
proposals related to the definition of volatile organic compounds 
for Chattanooga in a separate rulemaking.

---------------------------------------------------------------------------

[[Page 14421]]

II. Response to Comments

    EPA received one adverse comment and one comment in favor of the 
proposed action. The comments are provided in the docket for this final 
rule, and EPA's response to the adverse comment is below.
    Comment: The Commenter expresses concerns about the environmental 
and health impacts of open burning and states that opening burning 
should be banned in Chattanooga. The Commenter also mentions that 
people who decide to open burn should be punished and that more 
education is needed on the consequences of open burning in Chattanooga.
    Response: EPA lacks the authority in this CAA section 110 SIP 
revision approval action to require Chattanooga to take the measures 
requested by the Commenter. Section 110 functions within a cooperative 
federalism system in which states propose implementation plans to 
attain and maintain the national ambient air quality standards (NAAQS), 
and EPA determines whether their specific plans comply with the CAA's 
requirements. In determining which emissions limits and other control 
measures to incorporate into SIPs, section 110(a)(2)(A) provides states 
with broad discretion to develop and implement the specific controls 
that ``may be necessary and appropriate'' to meet the Act's 
requirements. EPA's role is to determine whether a SIP revision meets 
the minimum criteria of the CAA; where it does, EPA must approve the 
revision. CAA section 110(k)(3).
    Chattanooga developed its SIP--including the submitted revisions to 
its open burning regulations--within this context. There is no 
universal prohibition on open burning in section 110. Moreover, the 
Commenter has not pointed to, and EPA is not aware of, any CAA 
provision that would require EPA to reconsider its proposed approval of 
changes included in Tennessee's SIP revision or to require Chattanooga 
to adopt the requested measures. Because the SIP revision meets the 
requirements of the CAA, EPA must approve it.
    EPA has evaluated the potential air quality impacts from the 
September 12, 2018 SIP revision and has made the final determination 
that the revision will not interfere with attainment or maintenance of 
the NAAQS, reasonable progress or any other applicable requirements of 
the CAA. As explained in the NPRM, the changes either create additional 
restrictions on open burning and thus improve air quality or are 
ministerial in nature. EPA notes that the Chattanooga area is in 
attainment of all NAAQS, with design values for the 2012 fine 
particulate matter and 2015 8-hour ozone NAAQS well below the 
standards.\5\
---------------------------------------------------------------------------

    \5\ The 2018 design value is 8.8 micrograms per cubic meter 
([micro]g/m\3\) for the 2012 fine particulate matter NAAQS (set at 
12 [micro]g/m\3\), and the 2018 design value is 0.66 parts per 
million (ppm) for the 2015 8-hour ozone NAAQS (set at 0.70 ppm).
---------------------------------------------------------------------------

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 
Air Pollution Control Ordinance Part II, Chapter 4, Article II, Section 
4-41, Rule 6--``Prohibition of Open Burning,'' locally effective on 
October 3, 2017.6 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\
---------------------------------------------------------------------------

    \6\ EPA's approval also includes regulations/ordinances 
submitted for the other ten jurisdictions within the Bureau. See 
footnote 2, supra.
    \7\ In the November 25, 2019, NPRM (84 FR 64806), EPA 
inadvertently misidentified the locally effective date for 
Chattanooga's Section 4-41, Rule 6, as January 23, 2017. The correct 
date is October 3, 2017.
    \8\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving changes to Section 4-41, Rule 6--``Prohibition of 
Open Burning'' into the Chattanooga portion of the Tennessee SIP 
because the changes are consistent with section 110 of the CAA. The SIP 
revision adds, clarifies, and updates Rule 6 consistent with applicable 
requirements.

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

[[Page 14422]]

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 11, 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur 
oxides, Volatile organic compounds.

    Dated: February 27, 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 4-41, Rule 6'' under the heading ``Article II. 
Section 4-41 Rules, Regulations, Criteria, Standards'' to read as 
follows:


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 6...........  Prohibition of            10/3/17  3/12/20,.........  EPA's approval includes
                                 Open Burning.                     [Insert citation    the corresponding
                                                                    of publication].   sections of 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 41, Rule 6 (9/6/
                                                                                       17); City of Collegedale--
                                                                                       Section 14-341, Rule 6
                                                                                       (10/16/17); City of East
                                                                                       Ridge--Section 8-41, Rule
                                                                                       6 (10/12/17); City of
                                                                                       Lakesite--Section 14-41,
                                                                                       Rule 6 (11/2/17); City of
                                                                                       Red Bank--Section 20-41,
                                                                                       Rule 6 (11/21/17); City
                                                                                       of Soddy-Daisy--Section 8-
                                                                                       41, Rule 6 (10/5/17);
                                                                                       City of Lookout Mountain--
                                                                                       Section 41, Rule 6 (11/14/
                                                                                       17); City of Ridgeside--
                                                                                       Section 41, Rule 6 (1/16/
                                                                                       18); City of Signal
                                                                                       Mountain Section 41, Rule
                                                                                       6 (10/20/17); and Town of
                                                                                       Walden Section 41, Rule 6
                                                                                       (10/16/17).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-04772 Filed 3-11-20; 8:45 am]
BILLING CODE 6560-50-P


