[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Proposed Rules]
[Pages 7491-7494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0305; FRL-10005-29-Region 4]


Air Plan Approval; Tennessee; Chattanooga Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Chattanooga portion of the Tennessee State 
Implementation Plan (SIP) submitted by the State of Tennessee through 
the Tennessee Department of Environment and Conservation (TDEC) on 
behalf of the Chattanooga/Hamilton County Air Pollution Control Bureau 
(Bureau) on September 12, 2018. The SIP submittal removes and replaces 
the Chattanooga City Code, Air Pollution Control Ordinances pertaining 
to the Chattanooga-Hamilton County Air Pollution Control Board (Board), 
powers and duties of the Board, penalties, enforcement and permit fees. 
The SIP revision that EPA is proposing to approve is consistent with 
the requirements of the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before March 2, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0305 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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) 562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Through a letter dated September 12, 2018, TDEC submitted a SIP 
revision on behalf of the Bureau requesting removal and replacement of 
certain air quality rules in the Chattanooga portion of the Tennessee 
SIP.1 2 This rulemaking proposes to approve the Chattanooga 
City Code Part II, Chapter 4, Section 4-4, ``Penalties for violation of 
chapter, permit or order,'' \3\ Section 4-6, ``Air pollution control 
board; bureau of air pollution control; persons required to comply with 
chapter,'' \4\ Section 4-7,

[[Page 7492]]

``Powers and duties of the board; delegation,'' \5\ Paragraphs 4-
8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section 4-8, 
``Installation permit and certificate of operation,'' \6\ Paragraph 4-
10(a), ``Records,'' \7\ and Section 4-17, ``Enforcement of chapter; 
procedure for adjudicatory hearings for violations'' into the 
Chattanooga portion of the Tennessee SIP.8 9 Tennessee's 
September 12, 2018, SIP revision can be found in the docket for this 
rulemaking at www.regulations.gov and is further summarized in this 
notice.\10\
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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. Because the air pollution control regulations/
ordinances adopted by the jurisdictions within the Bureau are 
substantively identical (except as noted later in this notice), EPA 
refers solely to Chattanooga and the Chattanooga rules throughout 
the notice as representative of the other ten jurisdictions for 
brevity and simplicity. See footnotes 3 through 8, later in this 
notice.
    \2\ EPA received the SIP revision on September 18, 2018.
    \3\ In this proposed action, EPA is also proposing to approve 
similar 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 4 (9/6/17); City of 
Collegedale--Section 14-304 (10/16/17); City of East Ridge--Section 
8-4 (10/26/17); City of Lakesite--Section 14-4 (11/2/17); Town of 
Lookout Mountain--Section 4 (11/14/17); City of Red Bank--Section 
20-4 (11/21/17); City of Ridgeside--Section 4 (1/16/18); City of 
Signal Mountain--Section 4 (10/20/17); City of Soddy-Daisy--Section 
8-4 (10/5/17); and Town of Walden--Section 4 (10/16/17). The only 
substantive difference between the various jurisdictions' 
regulations is that Chattanooga Ordinance Part II, Chapter 4, 
Section 4-4 contains an additional sentence regarding fines and 
fees, which is discussed later in this notice.
    \4\ In this proposed action, EPA is also proposing to approve 
substantively similar 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 6 (9/6/17); City 
of Collegedale--Section 14-306 (10/16/17); City of East Ridge--
Section 8-6 (10/26/17); City of Lakesite--Section 14-6 (11/2/17); 
Town of Lookout Mountain--Section 6 (11/14/17); City of Red Bank--
Section 20-6 (11/21/17); City of Ridgeside--Section 6 (1/16/18); 
City of Signal Mountain--Section 6 (10/20/17); City of Soddy-Daisy--
Section 8-6 (10/5/17); and Town of Walden--Section 6 (10/16/17).
    \5\ In this proposed action, EPA is also proposing to approve 
substantively similar 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 7 (9/6/17); City 
of Collegedale--Section 14-307 (10/16/17); City of East Ridge--
Section 8-7 (10/26/17); City of Lakesite--Section 14-7 (11/2/17); 
Town of Lookout Mountain--Section 7 (11/14/17); City of Red Bank--
Section 20-7 (11/21/17); City of Ridgeside--Section 7 (1/16/18); 
City of Signal Mountain--Section 7 (10/20/17); City of Soddy-Daisy--
Section 8-7 (10/5/17); and Town of Walden--Section 7 (10/16/17).
    \6\ In this proposed action, EPA is also proposing to approve 
substantively similar 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 8 (9/6/17); City 
of Collegedale--Section 14-308 (10/16/17); City of East Ridge--
Section 8-8 (10/26/17); City of Lakesite--Section 14-8 (11/2/17); 
Town of Lookout Mountain--Section 8 (11/14/17); City of Red Bank--
Section 20-8 (11/21/17); City of Ridgeside--Section 8 (1/16/18); 
City of Signal Mountain--Section 8 (10/20/17); City of Soddy-Daisy--
Section 8-8 (10/5/17); and Town of Walden--Section 8 (10/16/17).
    \7\ In this proposed action, EPA is also proposing to approve 
substantively similar 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 10 (9/6/17); City 
of Collegedale--Section 14-310 (10/16/17); City of East Ridge--
Section 8-10 (10/26/17); City of Lakesite--Section 14-10 (11/2/17); 
Town of Lookout Mountain--Section 10 (11/14/17); City of Red Bank--
Section 20-10 (11/21/17); City of Ridgeside--Section 10 (1/16/18); 
City of Signal Mountain--Section 10 (10/20/17); City of Soddy-
Daisy--Section 8-10 (10/5/17); and Town of Walden--Section 10 (10/
16/17).
    \8\ In this proposed action, EPA is also proposing to approve 
similar 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 17 (9/6/17); City of 
Collegedale--Section 14-17 (10/16/17); City of East Ridge--Section 
8-17 (10/26/17); City of Lakesite--Section 14-17 (11/2/17); Town of 
Lookout Mountain--Section 17 (11/14/17); City of Red Bank--Section 
20-17 (11/21/17); City of Ridgeside--Section 17 (1/16/18); City of 
Signal Mountain--Section 17 (10/20/17); City of Soddy-Daisy--Section 
8-17 (10/5/17); and Town of Walden--Section 17 (10/16/17). The only 
substantive difference between the various jurisdictions' 
regulations is that Chattanooga City Code Part II, Chapter 4, 
Section 4-17 contains an additional paragraph concerning citation of 
violators to municipal court, which is discussed below.
    \9\ EPA received other revisions to the Chattanooga portion of 
the Tennessee SIP transmitted with the same September 12, 2018, 
cover letter. EPA will be considering action for those other SIP 
revisions in a separate rulemaking.
    \10\ Tennessee requested that EPA remove and replace rules 4-4, 
4-6, 4-7, 4-8(a)(14), 4-8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), and 
4-17 in their entirety and provided a redline/strikeout. The 
redline/strikeout does not show all the differences between the 
federally-approved SIP version of rules 4-4, 4-6, 4-7, 4-8(a)(14), 
4-8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), 4-17 and the version 
locally effective on October 3, 2017. EPA's evaluation is of the 
removal and replacement of rules 4-4, 4-6, 4-7, 4-8(a)(14), 4-
8(c)(12), 4-8(d)(4), 4-8(d)(6), 4-10(a), and 4-17 in their entirety.
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II. EPA's Analysis of Tennessee's SIP Revision

    EPA evaluated several sections of the Chattanooga city code under 
the CAA. As discussed later in this notice, the September 12, 2018, SIP 
submission removes and replaces the Chattanooga city code Part II, 
Chapter 4, Section 4-4, ``Penalties for violation of chapter, permit or 
order,'' Section 4-6, ``Air pollution control board; bureau of air 
pollution control; persons required to comply with chapter,'' Section 
4-7, ``Powers and duties of the board; delegation,'' Paragraphs 4-
8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section 4-8, 
``Installation permit and certificate of operation,'' Paragraph 4-
10(a), ``Records,'' and Section 4-17, ``Enforcement of chapter; 
procedure for adjudicatory hearings for violations'' into the 
Chattanooga portion of the Tennessee SIP. The changes are related to 
the Board's administrative functions in general and do not impact 
emissions. As discussed in greater detail later in this notice, the 
removal and replacement of these rule provisions will not interfere 
with attainment or maintenance of the NAAQS or any other requirement of 
the Act.

A. Section 4-4, ``Penalties for violation of chapter, permit or order''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Section 4-4, ``Penalties for violation of chapter, 
permit or order'' of the Chattanooga-Hamilton County portion of the 
Tennessee SIP. Section 4-4 governs penalties for any person who 
violates or fails to comply with any provision of Chattanooga City Code 
Chapter 4, or any order of the Board or of the director; or who makes 
false material statement, representation, or certification in, or omits 
material information from, any record, report, plan or other document 
required either to be filed or submitted or maintained pursuant to the 
chapter; or who falsifies, tampers with, renders inaccurate, or fails 
to install any monitoring device or method required to be maintained or 
followed under the chapter; or fails to pay a fee established under the 
chapter.\11\ EPA has reviewed Section 4-4 and preliminarily finds the 
provision to be consistent with the CAA.
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    \11\ As discussed above, the last sentence in Paragraph 4-4(a), 
regarding a fee of $50 if cited under Chapter 4, is not included in 
the regulations from the other jurisdictions this action proposes to 
approve. See note 3. However, as this addition serves to strengthen 
the SIP and is not required by the CAA, similar language in the 
other jurisdictions' regulations is not necessary. Accordingly, EPA 
is proposing to approve all 11 jurisdictions' regulations identified 
in footnote 3.
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    The current SIP-approved version of Section 4-4 also governed 
penalties for any person who violates or fails to comply with any 
provision of the Chattanooga City Code Chapter 4, or any order of the 
Board or of the director; or who makes false material statement, 
representation, or certification in, or omits material information 
from, any record, report, plan or other document required either to be 
filed or submitted or maintained pursuant to the chapter; or who 
falsifies, tampers with, renders inaccurate, or fails to install any 
monitoring device or method required to be maintained or followed under 
the chapter; or fails to pay a fee established under the chapter. 
Chattanooga requested that EPA approve the version of the rule 
submitted in the September 12, 2018, SIP revision in its entirety to 
ensure the federally-approved version and the local version are 
consistent. EPA does not anticipate that removal of the current SIP-
approved version of section 4-4 and replacement with the version 
locally effective on October 3, 2017, will lead to a change in 
emissions. EPA is therefore proposing to conclude that the removal and 
replacement will not interfere with the attainment or maintenance of 
air quality standards.
    EPA has reviewed the changes to the SIP and is proposing to approve 
the version of section 4-4 locally effective on October 3, 2017, into 
the SIP.

B. Section 4-6, ``Air pollution control board; bureau of air pollution 
control; persons required to comply with chapter''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Section 4-6, ``Air pollution control board; bureau 
of air pollution

[[Page 7493]]

control; persons required to comply with chapter'' of the Chattanooga-
Hamilton County portion of the Tennessee SIP. Chattanooga Rule 4-6 
establishes the Board and governs the constituency of the Board, 
outlines roles and responsibilities, and explains how vacancies are 
filled among other general operational procedures and expectations 
related to the Board. EPA has reviewed Section 4-6 and preliminarily 
finds the provision to be consistent with the CAA.
    The current SIP-approved version of Section 4-6 also established 
the Board and governed the constituency of the Board, outlines roles 
and responsibilities, and explains how vacancies are filled among other 
general operational procedures and expectations related to the Board. 
Chattanooga requested that EPA approve the version of the rule in the 
September 12, 2018, SIP revision in its entirety to ensure the 
federally-approved version and the local version are consistent. EPA 
does not anticipate that removal of the current SIP-approved version of 
section 4-6 and replacement with the version locally effective on 
October 3, 2017, will lead to a change in emissions. EPA is therefore 
proposing to conclude that the removal and replacement will not 
interfere with the attainment or maintenance of air quality standards.
    EPA has reviewed the changes to the SIP and is proposing to approve 
the version of section 4-6 locally effective on October 3, 2017, into 
the SIP.

C. Section 4-7, ``Powers and duties of the board; delegation''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Section 4-7, ``Powers and duties of the board; 
delegation'' of the Chattanooga-Hamilton County portion of the 
Tennessee SIP. Chattanooga Rule 4-7 governs the powers and duties of 
the Board, and also provides for delegation of the powers to the 
Director of the Board (Director), and through him the personnel of the 
Bureau. EPA has reviewed Section 4-7 and preliminarily finds the 
provision to be consistent with the CAA.
    The current SIP-approved version of Section 4-7 also governed the 
powers and duties of the Board, and delegation. Chattanooga requested 
that EPA approve the version of the rule submitted in the September 12, 
2018, SIP revision in its entirety to ensure the federally-approved 
version and the local version are consistent. EPA does not anticipate 
that removal of the current SIP-approved version of section 4-7 and 
replacement with the version locally effective on October 3, 2017, will 
lead to a change in emissions. EPA is therefore proposing to conclude 
that the removal and replacement will not interfere with the attainment 
or maintenance of air quality standards.
    EPA has reviewed the changes to the SIP and is proposing to approve 
the version of section 4-7 locally effective on October 3, 2017, into 
the SIP.

D. Section 4-8, ``Installation permit and certificate of operation''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4), and 4-
8(d)(6) of the Chattanooga-Hamilton County portion of the Tennessee 
SIP. These paragraphs address to whom permit fees apply and the permit 
fee schedules. EPA has reviewed Paragraphs 4-8(a)(14), 4-8(c)(12), 4-
8(d)(4), and 4-8(d)(6) and preliminarily finds the provisions to be 
consistent with the CAA.
    EPA does not anticipate that removal of the current SIP-approved 
version of Paragraphs 4-8(a)(16), 4-8(c)(5), 4-8(d)(5), and 4-8(d)(8) 
\12\ and replacement with the version locally effective on October 3, 
2017, will lead to a change in emissions. EPA is therefore proposing to 
conclude that the removal and replacement will not interfere with the 
attainment or maintenance of air quality standards.
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    \12\ There have been intervening numbering changes to the local 
regulations since section 4-8 was last approved into the 
Chattanooga-Hamilton County portion of the Tennessee SIP. See 62 FR 
7163 (February 18, 1997). Thus, Paragraphs 4-8(a)(14), 4-8(c)(12), 
4-8(d)(4), and 4-8(d)(6) locally effective October 3, 2017, will 
replace the previously approved Paragraphs 4-8(a)(16), 4-8(c)(5), 4-
8(d)(5), and 4-8(d)(8), respectively.
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E. Paragraph 4-10(a), ``Records''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Paragraph 4-10(a), ``Records'' of the Chattanooga-
Hamilton County portion of the Tennessee SIP. Chattanooga Rule 4-10(a) 
addresses records kept by the Bureau. It requires the Bureau to keep 
records of applications, permits, and certificates, as well as all 
official business of the Bureau generally. This section requires the 
Director to keep records pertaining to permitted facilities in 
perpetuity but allows the Director to destroy records pertaining to 
shutdown facilities after seven years and other records after seven 
years unless federal requirements provide for a shorter retention 
period. EPA notes that Tennessee has record retention statutes, 
regulations, and policies at the state level that require certain 
records to be kept on a permanent basis, such as agency rule adoption 
files. See Tenn. Code Ann. Sec.  4-5-222, Tennessee Records Disposition 
Authorization SW 40. The Chattanooga rule also requires that records be 
open for inspection, with some limitations for certain confidential 
documents. EPA has reviewed Paragraph 4-10(a) and preliminarily finds 
the provision to be consistent with the CAA.
    The current SIP-approved version of Paragraph 4-10(a) also governed 
records retention policies by the Bureau. Chattanooga requested that 
EPA approve the version of the rule submitted in the September 12, 
2018, SIP revision in its entirety to ensure the federally-approved 
version and the local version are consistent. EPA does not anticipate 
that removal of the current SIP-approved version of Paragraph 4-10(a) 
and replacement with the version locally effective on October 3, 2017, 
will lead to a change in emissions. EPA is therefore proposing to 
conclude that the removal and replacement will not interfere with the 
attainment or maintenance of air quality standards.
    EPA has reviewed the changes to the SIP and is proposing to approve 
the version of section 4-10(a) locally effective on October 3, 2017, 
into the SIP.

F. Section 4-17, ``Enforcement of chapter; procedure for adjudicatory 
hearings for violations''

    Tennessee's September 12, 2018, SIP revision includes a request to 
remove and replace Section 4-17, ``Enforcement of chapter; procedure 
for adjudicatory hearings for violations'' of the Chattanooga-Hamilton 
County portion of the Tennessee SIP. Chattanooga Rule 4-17 governs the 
enforcement of Chapter 4 of the Chattanooga City Code and outlines the 
procedure for adjudicatory hearings for violations.\13\ EPA has 
reviewed Section 4-17 and preliminarily finds the provision to be 
consistent with the CAA.
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    \13\ As discussed above, Paragraph 4-17(d), regarding citation 
to municipal court, is not included in the regulations from the 
other jurisdictions this action proposes to approve. See note 8. 
However, as this addition serves to strengthen the SIP and is not 
required by the CAA, similar language in the other jurisdictions' 
regulations is not necessary. Accordingly, EPA is proposing to 
approve all 11 jurisdictions' regulations identified in footnote 8.
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    The current SIP-approved version of Section 4-17 also governed the 
enforcement of Chapter 4 of the Chattanooga City Code and outlines the 
procedure for adjudicatory hearings for violations. Chattanooga 
requested that EPA approve the version of the rule submitted in the 
September 12, 2018, SIP revision in its entirety to ensure the 
federally-approved version and the local

[[Page 7494]]

version are consistent. EPA does not anticipate that removal of the 
current SIP-approved version of section 4-17 and replacement with the 
version locally effective on October 3, 2017, will lead to increased 
emissions. EPA is therefore proposing to conclude that the removal and 
replacement will not interfere with the attainment or maintenance of 
air quality standards.
    EPA has reviewed the changes to the SIP and is proposing to approve 
the version of section 4-17 locally effective on October 3, 2017, into 
the SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the following changes to Chattanooga City Code Chapter 4 of 
Part II, locally effective on October 3, 2017: Section 4-4, ``Penalties 
for violation of chapter, permit or order;'' Section 4-6, ``Air 
pollution control board; bureau of air pollution control; persons 
required to comply with chapter;'' Section 4-7, ``Powers and duties of 
the board; delegation;'' Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4) 
and 4-8(d)(6) in Section 4-8, ``Installation permit and certificate of 
operation;'' Paragraph 4-10(a), ``Records;'' and Section 4-17, 
``Enforcement of chapter; procedure for adjudicatory hearings for 
violations.'' \14\ 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).
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    \14\ EPA's approval also includes regulations/ordinances 
submitted for the other ten jurisdictions within the Bureau. See 
footnotes 3 through 8, above.
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IV. Proposed Action

    EPA is proposing to approve the removal and replacement in the 
entirety of the following rules in the Chattanooga-Hamilton County 
portion of the Tennessee SIP with the version of the rules submitted on 
September 12, 2018: Chapter 4, Section 4-4, ``Penalties for violation 
of chapter, permit or order,'' Section 4-6, ``Air pollution control 
board; bureau of air pollution control; persons required to comply with 
chapter,'' Section 4-7, ``Powers and duties of the board; delegation,'' 
Paragraphs 4-8(a)(14), 4-8(c)(12), 4-8(d)(4) and 4-8(d)(6) in Section 
4-8,\15\ ``Installation permit and certificate of operation,'' 
Paragraph 4-10(a), ``Records,'' and Section 4-17, ``Enforcement of 
chapter; procedure for adjudicatory hearings for violations.''
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    \15\ See footnote 12 regarding the paragraphs that EPA is 
proposing to remove.
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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 proposed action 
merely proposes to approve state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 31, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-02504 Filed 2-7-20; 8:45 am]
 BILLING CODE 6560-50-P


