66826 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 

TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION

[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations 

and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability 

sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State/local citation Title/subject State/local 

effective date EPA approval date Explanations 

*******

Washington Department of Ecology Regulations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

*******

173–400–110 ............. New Source Review 

(NSR) for Sources 

and Portable Sources.

12/29/12 9/29/16 [Insert Federal 

Register citation].

Except: 173–400–110(1)(c)(ii)(C); 173–400– 

110(1)(e); 173–400–110(2)(d); The part of 

WAC 173–400–110(4)(b)(vi) that says, 

• ‘‘not for use with materials containing toxic air 

pollutants, as listed in chapter 173–460 

WAC,’’; 

The part of 400–110(4)(e)(iii) that says, 

• ‘‘where toxic air pollutants as defined in 

chapter 173–460 WAC are not emitted’’; 

The part of 400–110(4)(f)(i) that says, 

• ‘‘that are not toxic air pollutants listed in 

chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xviii) that says, 

• ‘‘, to the extent that toxic air pollutant 

gases as defined in chapter 173–460 

WAC are not emitted’’; 

The part of 400–110(4)(h)(xxxiii) that says, 

• ‘‘where no toxic air pollutants as listed 

under chapter 173–460 WAC are emitted’’; 

The part of 400–110(4)(h)(xxxiv) that says, 

• ‘‘, or ≤1% (by weight) toxic air pollutants 

as listed in chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xxxv) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants’’; 

The part of 400–110(4)(h)(xxxvi) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants as 

listed in chapter 173–460 WAC’’; 400– 

110(4)(h)(xl), second sentence; 

The last row of the table in 173–400–110(5)(b) 

regarding exemption levels for Toxic Air Pollutants. 

* * * * * * * 

173–400–112 ............. Requirements for New 

Sources in Nonattainment Areas—Review 

for Compliance with 

Regulations.

12/29/12 9/29/16 [Insert FEDERAL

REGISTER citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–23298 Filed 9–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0403; FRL–9953–05– 

Region 4] 

Air Plan Approval; TN: Revisions to 

Logs and Reports for Startups, 

Shutdowns and Malfunctions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

on September 25, 2013. The SIP 

submittal includes a change to the TDEC 

regulation ‘‘Logs and Reports.’’ EPA is 

approving this SIP revision because it is 

consistent with the Clean Air Act (CAA 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66827 

or Act) and federal regulations 

governing SIPs. 

DATES: This rule will be effective 

October 31, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0403. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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, 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: Brad 

Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Mr. Akers can be reached 

by telephone at (404) 562–9089 or via 

electronic mail at akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. This Action 

EPA is approving a revision to the 

Tennessee SIP submitted by TDEC on 

September 25, 2013. Specifically, the 

submittal includes a change to remove 

the existing text of subparagraph (2) 

from Tennessee Air Pollution Control 

Regulation (TAPCR) Rule 1200–3–20– 

.04, ‘‘Logs and Reports,’’ and replace it 

with the word ‘‘Reserved.’’ 

Subparagraph (2) provided that all 

sources located in or having a 

significant impact on a nonattainment 

area submit a quarterly report to the 

Technical Secretary of Tennessee’s Air 

Pollution Control Board that: (1) 

Identifies periods of startups, 

shutdowns, and/or malfunctions (SSM 

events) that result in an exceedance of 

an emission limitation, (2) estimates the 

excess emissions released during such 

SSM events, and (3) provides total 

source emissions where such emissions 

are not otherwise required to be 

reported under Tennessee Air Pollution 

Control Regulations (TAPCR) Chapters 

1200–3–10-.02 or 1200–3–16. EPA is 

approving Tennessee’s September 25, 

2013, SIP revision because the proposed 

revision is consistent with the 

requirements of the CAA and federal 

regulations governing SIPs. EPA 

received no comments on the July 27, 

2016 (81 FR 49201), proposed 

rulemaking. 

II. Background 

A. Summary of the September 25, 2013, 

SIP Revision 

The CAA and rules governing SIPs in 

40 CFR part 51 require recordkeeping 

and reporting to ensure that sources are 

in compliance with enforceable 

emission limits. Paragraph (2) of TAPCR 

Rule 1200–3–20–.04 initially helped to 

satisfy these requirements by providing 

for quarterly reports of excess emissions 

during SSM events, as well as total 

quarterly emissions. Removing this 

paragraph eliminates a set of 

requirements covering all source types, 

including major sources; sources that 

restrain their ‘‘potential to emit’’ to a 

level that is below the major source 

applicability threshold through the use 

of emissions control, restriction on 

hours of operation, or other means 

(‘‘synthetic minor source’’); and those 

sources for which potential emissions 

are below the major source thresholds, 

even assuming no emission controls and 

unlimited hours of operation (‘‘true 

minor sources’’). Tennessee’s September 

25, 2013, SIP submittal demonstrates 

that CAA requirements for 

recordkeeping and reporting will 

continue to be met, as applicable, 

considering other federal and state 

regulations. 

Major sources in Tennessee are 

subject to title V of the CAA at 40 CFR 

part 70. This requires: (1) Sources to 

submit reports of any required 

monitoring at least every six months at 

40 CFR 70.6(a)(3)(iii)(A), including all 

instances of deviations from permit 

requirements; (2) an annual compliance 

certification at 40 CFR 70.6(c)(5); and (3) 

prompt reporting of deviations from 

permit requirements at 40 CFR 

70.6(a)(3)(iii)(B). TDEC has adopted 

these requirements into its federallyapproved title V operating permits 

program at TAPCR Rule 1200–3–9– 

.02(11)(e)1(iii)(III)I, 1200–3–9– 

.02(11)(e)3(v), and 1200–3–9– 

.02(11)(e)1(iii)(III)II, respectively. 

In addition to the title V reporting 

requirements, Tennessee’s SIP 

authorizes the Tennessee Air Pollution 

Control Board’s Technical Secretary to 

require enhanced reporting as needed to 

verify that a ‘‘major stationary source’’ 

is operating in compliance with 

applicable requirements. See TAPCR 

Chapter 1200–3–10–.04(2). Likewise, 

Tennessee’s SIP at TAPCR Rule 1200–3– 

10–.02, ‘‘Monitoring of Source 

Emissions, Recording, Reporting of the 

Same are Required,’’ at paragraph (1)(a) 

states: ‘‘The Technical Secretary may 

require the owner or operator of any air 

contaminant source discharging air 

contaminants . . . to . . . make periodic 

emission reports as required in 

paragraph (2).’’ Paragraph (2)(a) clarifies 

that ‘‘[r]ecords and reports as the 

Technical Secretary shall prescribe,’’ 

must be collected and submitted. 

Finally, TAPCR Rule 1200–3–20–.08, 

‘‘Special Reports Required,’’ states that 

the Technical Secretary ‘‘may require 

any air contaminant source to submit a 

report within thirty (30) days after the 

end of each calendar quarter’’ 

containing dates and details of any SSM 

events and resultant emissions in excess 

of applicable limitations. Thus, the SIP 

contains provisions that allow TDEC to 

collect reports similar to those in 

TAPCR 1200–3–20–.04(2) when deemed 

necessary to determine a source’s 

compliance with applicable 

requirements. TAPCR 1200–3–20– 

.04(1), requiring sources to collect and 

maintain records regarding SSM events 

and resultant excess emissions, also 

remains in effect. 

Regarding total emissions, the State is 

also required to report to EPA triennial 

reports of annual (12-month) emissions 

for all sources and every-year reports of 

annual emissions of criteria air 

pollutants and their precursors for all 

major sources as well as annual 

emissions reporting from certain larger 

sources. See subpart A to 40 CFR part 

51, the ‘‘Air Emissions Reporting 

Requirements,’’ or ‘‘AERR.’’ Further 

details are provided in the July 27, 2016, 

proposed rule. 

Synthetic minor sources, in 

accordance with SIP-approved TAPCR 

1200–3–9–.02(11)(a), are subject to an 

enforceable limit restricting potential to 

emit and must implement ‘‘detailed 

monitoring, reporting and 

recordkeeping requirements that prove 

the source is abiding by its more 

restrictive emission and/or production 

limits.’’ TDEC’s synthetic minor permits 

require: (1) Prompt reporting of any 

non-compliance with permit conditions 

designed to restrict ‘‘potential to emit’’ 

below the major source level (the 

‘‘synthetic minor limit’’), (2) submission 

of an annual compliance certification 

supported by records documenting the 

mstockstill on DSK3G9T082PROD with RULES

66828 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

facility’s compliance with its synthetic 

minor limit, and (3) reporting of excess 

emissions due to malfunctions in 

accordance with TAPCR Chapter 1200– 

3–20–.03. Thus, Tennessee can 

determine compliance with the 

applicable permit conditions for 

synthetic minor sources. 

Reserving paragraph TAPCR 1200–3– 

20–.04(2) eliminates the requirement 

that true minor sources report excess 

emissions and total emissions to the 

State. There is no general federal 

requirement for true minor sources to 

directly report their emissions to the 

state or to EPA. The State explains in its 

submittal that true minor sources were 

never intended to be required to make 

these types of reports, but that the 

regulated community has expanded to 

include many smaller sources since the 

Rule’s adoption in the TAPCR in 1979. 

Total emissions from true minor sources 

are still considered, either in aggregate 

or via specific reporting. True minor 

sources with emissions of oxides of 

nitrogen or volatile organic compounds 

above 25 tons per year (tpy) report total 

emissions annually to the State in ozone 

nonattainment areas, pursuant to 

TAPCR 1200–3–18–.02(8). Additionally, 

the AERR requires the state to report 

emissions from sources at lower 

thresholds for select criteria air 

pollutants or precursors in certain 

nonattainment areas, which may 

include true minor sources. The AERR 

also provides for reporting of lead 

emissions greater than or equal to 0.5 

tpy, regardless of an area’s attainment 

status with respect to the lead NAAQS. 

Otherwise, emissions from true minor 

sources are reported to EPA in aggregate 

in accordance with the AERR. Finally, 

Tennessee noted the Technical 

Secretary’s authority under 1200–3–10– 

.02(1)(a) to collect reports from ‘‘any air 

contaminant source.’’ TDEC explains 

that if there were a reason to think a true 

minor source was impacting air quality 

standards, the Division of Air Pollution 

Control could collect these reports of 

emissions. 

The combination of federal reporting 

requirements, reporting requirements 

under Tennessee’s SIP, and Tennessee’s 

authority to request additional 

information on source emissions when 

necessary, provide that Tennessee’s 

September 25, 2013, SIP revision does 

not impair Tennessee’s ability to 

determine the nature and amount of 

emissions from both major and minor 

sources and whether such sources are 

operating in compliance with 

Tennessee’s SIP. Accordingly, EPA’s 

final approval of Tennessee’s September 

25, 2013, SIP revision is consistent with 

the minimum SIP requirements 

pertaining to enforceability and 

emissions reporting. For more 

information, see the July 27, 2016, 

proposed rule (81 FR 49201). EPA 

received no comments on the proposed 

rulemaking. 

B. SSM SIP Call Considerations 

In this action, EPA is not approving 

or disapproving revisions to any 

existing emission limitations that apply 

during SSM events. EPA notes that on 

June 12, 2015 (80 FR 33840), the Agency 

published a formal finding that a 

number of states have SIPs with SSM 

provisions that are contrary to the CAA 

and existing EPA guidance. 

Accordingly, EPA issued a formal ‘‘SIP 

call’’ requiring the affected states to 

make a SIP submission to correct the 

deficient SSM regulations. Id. In that 

final action, EPA determined that 

TAPCR Chapter 1200–3–20 has 

provisions that are contrary to the CAA, 

specifically paragraph (1) of Rule 1200– 

3–20–.07, ‘‘Report Required upon the 

Issuance of Notice of Violation.’’ This 

final action only deals with the deletion 

of a separate reporting requirement 

which is reasonably covered by other 

requirements, and does not impact the 

provision of the Tennessee Rule 

implicated in the SSM SIP call, this 

proposed action does not contradict the 

finding of inadequacy regarding TAPCR 

1200–3–20–.07(1). 

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 TAPCR 1200–3–20–.04, 

entitled ‘‘Logs and Reports,’’ effective 

June 19, 2013, which removed a 

quarterly reporting requirement for total 

emissions and for excess emissions 

during SSM. Therefore, these materials 

have been approved by EPA for 

inclusion in the SIP, 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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Final Action 

EPA is taking final action to approve 

the September 25, 2013, Tennessee SIP 

revision. This final approval includes 

the section 110(l) demonstration that 

modifying the SIP to remove TAPCR 

1200–3–20–.04(2) will not interfere with 

attainment or maintenance of any 

NAAQS or with any other applicable 

requirement of the CAA, and the 

demonstration that the SIP revision is 

consistent with section 193 of the Act 

because it does not address any 

emissions reduction or emissions 

control requirement and will have no 

effect on the emissions of any air 

pollutant. 

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); 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66829 

• 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 November 28, 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. 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, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

Dated: September 15, 2016. 

Kenneth R. Lapierre, 

Acting 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 1 in paragraph 

(c) is amended by revising the entry for 

‘‘Section 1200–3–20–.04’’ to read as 

follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter 1200–3–20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns 

*******

Section 1200–3–20–.04 .......... Logs and reports .................... 6/19/2013 9/29/2016, [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–23302 Filed 9–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2016–0002; Internal 

Agency Docket No. FEMA–9999] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies a 

community where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that is scheduled for suspension 

on the effective date listed within this 

rule because of noncompliance with the 

floodplain management requirements of 

the program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http:// 

www.fema.gov/national-flood-programcommunity-status-book. 

DATES: The effective date of the 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 400 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

mstockstill on DSK3G9T082PROD with RULES