Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 23639 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0618; FRL–9945–22– 

Region 4] 

Air Plan Approval; Tennessee: Knox 

County VOC Limits Revision for 

Permits 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a portion of a revision 

to the Tennessee State Implementation 

Plan (SIP) submitted on March 14, 2014, 

by the State of Tennessee, through the 

Tennessee Department of 

Environmental Conservation (TDEC) on 

behalf of the Knox County Department 

of Air Quality Management (Knox 

County) to address changes to a Knox 

County regulation regarding permits. 

EPA has determined that Tennessee’s 

requested SIP revision is consistent with 

the applicable provisions of the Clean 

Air Act (CAA or Act). 

DATES: This direct final rule is effective 

June 21, 2016 without further notice, 

unless EPA receives adverse comment 

by May 23, 2016. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0618 at http://

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 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo or D. Brad Akers, Air 

Regulatory Management Section, Air 

Planning and Implementation Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Farngalo can be reached at (404) 562– 

9152 and via electronic mail at 

farngalo.zuri@epa.gov. Mr. Akers can be 

reached at (404) 562–9089 and via 

electronic mail at akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 14, 2014, TDEC submitted 

to EPA several revisions to the Knox 

County portion of the Tennessee SIP. At 

this time, EPA is acting on one portion 

of the submittal: Section 25 of the Knox 

County Air Quality Management 

Regulations, Permits, has been revised 

to add regulations that streamline the 

permitting process for sources that have 

the potential to emit volatile organic 

compounds (VOC), and EPA is 

approving the incorporation of that 

revision into the Tennessee SIP. The 

submittal also included revisions to 

section 25.6, adding a permit 

exemption, and to section 26.5, adding 

a requirement that certain sources of 

oxides of nitrogen and VOC submit an 

annual emissions statement. The 

revision to section 25.6 was withdrawn 

from the submittal in an August 7, 2015, 

letter sent to EPA by TDEC on behalf of 

Knox County, a copy of which is 

included in the Docket for today’s 

action. EPA approved the revision to 

section 26.5 on November 5, 2015. See 

80 FR 68448. Therefore, today’s final 

rule completes EPA’s action with 

respect to the March 14, 2014, 

submittal. 

II. Analysis of Tennessee’s Submittal 

The portion of Tennessee’s March 14, 

2014, SIP submittal that EPA is 

approving today is the addition to the 

Knox County Air Quality Management 

Regulations of section 25.11, Limiting a 

Source’s Potential to Emit of VOC by 

Recordkeeping, which sets forth 

recordkeeping and reporting 

requirements for a source that has the 

potential to emit above the major-source 

threshold but that prefers to be a 

synthetic minor source (i.e., to accept 

limits lower than the major-source 

threshold of 100 tons per year). Section 

25.11 establishes a three-tiered system 

of recordkeeping and reporting 

requirements, whereby sources that 

elect to set their limits at the highest 

threshold have the most stringent 

requirements and sources that opt for 

the lowest threshold have the least 

stringent requirements. These changes 

are consistent with ‘‘Guidance for State 

Rules for Optional FederallyEnforceable Emissions Limits Based on 

Volatile Organic Compound (VOC) Use’’ 

and ‘‘Potential to Emit (PTE) Guidance 

for Specific Source Categories,’’ which 

are both EPA memoranda issued by the 

Office of Air Quality Planning 

Standards. EPA has reviewed 

Tennessee’s requested changes to the 

Knox County Air Quality Management 

Regulations, and has concluded that the 

addition of Section 25.11 is consistent 

with the CAA. 

III. Incorporation by Reference 

In this rule, 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 Knox County Air Quality 

Management Regulations section 25.11, 

Limiting a Source’s Potential to Emit of 

VOC by Recordkeeping. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

IV. Final Action 

EPA is approving a portion of 

Tennessee’s March 14, 2014, SIP 

revision addressing changes to a Knox 

County regulation regarding permits. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective June 21, 2016 

without further notice unless the 

Agency receives adverse comments by 

May 23, 2016. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on June 21, 2016 

and no further action will be taken on 

the proposed rule. 


asabaliauskas on DSK3SPTVN1PROD with RULES
23640 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 

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. Accordingly, 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); 

• 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 June 21, 2016. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 6, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. In § 52.2220, table 3 in paragraph 

(c) is amended by revising the entry for 

‘‘Section 25.0’’ to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS

State section Title/subject State effective 

date EPA approval date Explanation 

*******

25.0 .............. Permits ............................................ 3/12/2014 4/22/2016 [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–09159 Filed 4–21–16; 8:45 am] 

BILLING CODE 6560–50–P 


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