[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18126-18129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06583]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0294; FRL-10007-17-Region 4]


Air Plan Approval; Tennessee: Chattanooga NSR Reform

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Tennessee State Implementation Plan (SIP) 
submitted through two letters dated June 25, 2008, and September 12, 
2018. The SIP revisions were submitted by the Tennessee Department of 
Environment and Conservation (TDEC) on behalf of the Chattanooga/
Hamilton County Air Pollution Control Bureau and modify the Prevention 
of Significant Deterioration (PSD) regulations in the Chattanooga 
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 Chattanooga's regulations of 
nitrogen oxides (NOX) and other miscellaneous typographical 
and administrative updates. This action is being taken pursuant to the 
Clean Air Act (CAA or Act).

DATES: This rule is effective May 1, 2020.

[[Page 18127]]


ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0294. 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, 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, Region 4, U.S. Environmental Protection Agency, 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. This Action

    EPA is taking final action to approve changes to the Chattanooga-
Hamilton County portion of the Tennessee SIP regarding PSD permitting, 
as well as updates to the regulations of NOX and other 
miscellaneous typographical and administrative updates, submitted by 
TDEC on behalf of the Chattanooga/Hamilton County Air Pollution Control 
Bureau (Bureau) through two letters dated June 25, 2008, and September 
12, 2018.1 2 3 EPA is finalizing approval of portions of 
these SIP revisions that make changes to the Chattanooga City Code, 
Part II, Chapter 4, Article II, Section 4-41. Specifically, EPA is 
approving changes in Section 4-41, which include updates to Rule 2--
Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions 
from Internal Combustion Engines, and Rule 18--Prevention of 
Significant Deterioration of Air Quality.4 5 6 7
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    \1\ EPA received the SIP revisions on July 8, 2008, and 
September 18, 2018, respectively.
    \2\ 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.
    \3\ On January 16, 2020, TDEC submitted, on behalf of the 
Bureau, a letter dated January 15, 2020, providing supplemental 
information for the September 12, 2018, submittal. This letter is 
discussed in the proposed action (85 FR 7986) and is available in 
the Docket.
    \4\ The list of SIP-approved rules for Chattanooga/Hamilton 
County, found at Table 4 of 40 CFR 52.2220(c), currently shows the 
title of Section 4-41, Rule 18 as ``Prevention of Significant Air 
Quality Deterioration.'' In this final rule, EPA is approving a 
change to this title to instead show ``Prevention of Significant 
Deterioration of Air Quality.''
    \5\ In this final action, EPA is also approving substantively 
identical changes from Chattanooga's Section 4-41, Rule 18, 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 18 (9/6/17); City of Collegedale--Section 
14-341, Rule 18 (10/16/17); City of East Ridge--Section 8-41, Rule 
18 (10/12/17); City of Lakesite--Section 14-41, Rule 18 (11/2/17); 
City of Red Bank--Section 20-41, Rule 18 (11/21/17); City of Soddy-
Daisy--Section 8-41, Rule 18 (10/5/17); City of Lookout Mountain--
Section 41, Rule 18 (11/14/17); City of Ridgeside Section 41, Rule 
18 (1/16/18); City of Signal Mountain Section 41, Rule 18 (10/20/
17); and Town of Walden Section 41, Rule 18 (10/16/17). However, 
changes to Chattanooga's Section 4-41, Rule 2 and Rule 9, only apply 
to the City of Chattanooga (12/12/07); Hamilton County--Section 8-
541, Rules 2 and 9 (11/7/07); and City of Collegedale--Section 8-
541, Rules 2 and 9 (1/22/08); therefore, EPA is not approving any 
corresponding Regulations/Ordinances for the remaining 
municipalities.
    \6\ In the February 11, 2020, NPRM (85 FR 7686), EPA 
inadvertently misidentified the section numbers for: (1) Hamilton 
County's Rules 2 and 9, as Section 41; and (2) the City of 
Collegedale's Rules 2 and 9, as Section 14-341. The correct section 
number for both municipalities is Section 8-541.
    \7\ 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 
jurisdictions for brevity and simplicity.
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    Aside from making typographical and administrative corrections to 
some of the rules, these SIP revisions are meant to address changes to 
the federal NSR regulations, as promulgated by EPA in various rules and 
as described in EPA's February 11, 2020, notice of proposed rulemaking 
(NPRM). See 85 FR 7986. In the February 11, 2020, NPRM, EPA proposed to 
approve the aforementioned changes to Section 4-41, Rule 2--Regulation 
of Nitrogen Oxides, Rule 9--Regulation of Visible Emissions from 
Internal Combustion Engines, and Rule 18--Prevention of Significant 
Deterioration of Air Quality in the Chattanooga-Hamilton County portion 
of the Tennessee SIP. The February 11, 2020, NPRM provides additional 
details regarding EPA's action. Comments on the February 11, 2020, NPRM 
were due on or before March 12, 2020. EPA received no adverse comments 
on the proposed action.

II. 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 4-41, Rule 2--Regulation of 
Nitrogen Oxides; and Rule 9--Regulation of Visible Emissions from 
Internal Combustion Engines, both locally effective December 12, 2007; 
as well as Rule 18--Prevention of Significant Deterioration of Air 
Quality, locally effective October 3, 2017.8 9 The revisions 
are designed to address changes to the Federal NSR regulations in 
recent years for the implementation of the NAAQS and updates to 
Chattanooga's regulations of NOX and other miscellaneous 
typographical and administrative updates. 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.\10\
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    \8\ EPA's approval also includes regulations/ordinances 
submitted for the other ten jurisdictions within the Bureau. See 
supra notes 2 and 5.
    \9\ In the February 11, 2020, NPRM (85 FR 7986), EPA 
inadvertently misidentified the locally effective dates for: (1) 
Chattanooga's Section 4-41, Rule 18, as January 23, 2017; and (2) 
the City of Lakesite's Section 14-41, Rule 18, as October 17, 2017. 
The correct dates are October 3, 2017, and November 2, 2017, 
respectively.
    \10\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve changes to Chattanooga's June 
25, 2008, and September 12, 2018, SIP submittals, meant to address 
changes to the federal NSR regulations, as well as making typographical 
and administrative updates. Specifically, EPA is finalizing approval of 
changes to Chattanooga City Code, Part II, Chapter 4, Section 4-41, 
which include updates to Rule 2--

[[Page 18128]]

Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions 
from Internal Combustion Engines, and Rule 18--Prevention of 
Significant Deterioration of Air Quality. EPA is approving changes into 
the Chattanooga portion of the Tennessee SIP because the changes are 
consistent with section 110 of the CAA.

IV. 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 does 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 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. These actions are 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 1, 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. These actions 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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 17, 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, paragraph (c), amend table 4 by revising the 
entries for ``Section 4-41, Rule 2,'' ``Section 4-41, Rule 9,'' and 
``Section 4-41, Rule 18,'' 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
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                                                       Adoption
        State section              Title/subject         date       EPA approval date          Explanation
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                        Article II. Section 4-41 Rules, Regulations, Criteria, Standards
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[[Page 18129]]

 
                                                  * * * * * * *
Section 4-41 Rule 2..........  Regulation of            12/12/07  April 1, 2020,        EPA's approval includes
                                Nitrogen Oxides.                   [Insert citation of   the corresponding
                                                                   publication].         sections of the Air
                                                                                         Pollution Control
                                                                                         Regulations/Ordinances
                                                                                         for the following
                                                                                         jurisdictions within
                                                                                         the Chattanooga-
                                                                                         Hamilton County Air
                                                                                         Pollution Control
                                                                                         Bureau, which were
                                                                                         locally effective as of
                                                                                         the relevant dates
                                                                                         below: Hamilton County--
                                                                                         Section 8-541, Rule 2
                                                                                         (11/7/07); and City of
                                                                                         Collegedale--Section 8-
                                                                                         541, Rule 2 (1/22/08).
 
                                                  * * * * * * *
Section 4-41 Rule 9..........  Regulation of            12/12/07  April 1, 2020,        EPA's approval includes
                                Visible Emissions                  [Insert citation of   the corresponding
                                from Internal                      publication].         sections of the Air
                                Combustion Engines.                                      Pollution Control
                                                                                         Regulations/Ordinances
                                                                                         for the following
                                                                                         jurisdictions within
                                                                                         the Chattanooga-
                                                                                         Hamilton County Air
                                                                                         Pollution Control
                                                                                         Bureau, which were
                                                                                         locally effective as of
                                                                                         the relevant dates
                                                                                         below: Hamilton County--
                                                                                         Section 8-541, Rule 9
                                                                                         (11/7/07); and City of
                                                                                         Collegedale--Section 8-
                                                                                         541, Rule 9 (1/22/08).
 
                                                  * * * * * * *
Section 4-41 Rule 18.........  Prevention of             10/3/17  April 1, 2020,        EPA's approval includes
                                Significant                        [Insert citation of   the corresponding
                                Deterioration of                   publication].         sections of the Air
                                Air Quality.                                             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 18 (9/
                                                                                         6/17); City of
                                                                                         Collegedale--Section 14-
                                                                                         341, Rule 18 (10/16/
                                                                                         17); City of East
                                                                                         Ridge--Section 8-41,
                                                                                         Rule 18 (10/12/17);
                                                                                         City of Lakesite--
                                                                                         Section 14-41, Rule 18
                                                                                         (11/2/17); City of Red
                                                                                         Bank--Section 20-41,
                                                                                         Rule 18 (11/21/17);
                                                                                         City of Soddy-Daisy--
                                                                                         Section 8-41, Rule 18
                                                                                         (10/5/17); City of
                                                                                         Lookout Mountain--
                                                                                         Section 41, Rule 18 (11/
                                                                                         14/17); City of
                                                                                         Ridgeside Section 41,
                                                                                         Rule 18 (1/16/18); City
                                                                                         of Signal Mountain
                                                                                         Section 41, Rule 18 (10/
                                                                                         20/17); and Town of
                                                                                         Walden Section 41, Rule
                                                                                         18 (10/16/17).
 
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[FR Doc. 2020-06583 Filed 3-31-20; 8:45 am]
BILLING CODE 6560-50-P


