[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11887-11890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04489]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0810; FRL-9923-94-Region 4]


Approval and Promulgation of Implementation Plans; Tennessee; 
Emissions Statement Requirement for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Tennessee state 
implementation plan (SIP) submitted by the State of Tennessee, through 
the Tennessee Department of Environment and Conservation (TDEC) on 
January 5, 2015, to address the emissions statement requirements for 
the 2008 8-hour ozone national ambient air quality standards (NAAQS). 
The revision affects Davidson, Rutherford, Shelby, Sumner, Knox, 
Blount, Anderson, Williamson, and Wilson Counties. Annual emissions 
statements are required for certain sources in all ozone nonattainment 
areas. These changes address requirements for the Knoxville, Tennessee 
2008 8-hour ozone NAAQS nonattainment area (hereinafter referred to as 
the Knoxville Area) and the Tennessee portion of the Memphis, 
Tennessee-Arkansas-Mississippi 2008 8-hour ozone NAAQS nonattainment 
area (hereinafter referred to as the Memphis Area). The Knoxville Area 
is comprised of Knox and Blount County, and a portion of Anderson 
County, Tennessee, and the Tennessee portion of the Memphis Area is 
comprised of Shelby

[[Page 11888]]

County, Tennessee. Davidson, Rutherford, Sumner, Williamson, Wilson and 
the remaining portion of Anderson County are not part of an ozone 
nonattainment area.

DATES: This direct final rule is effective May 4, 2015 without further 
notice, unless EPA receives adverse comment by April 6, 2015. 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-2014-0810, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#7022445d31223d23301500115e171f06"><span class="__cf_email__" data-cfemail="d587e1f89487988695b0a5b4fbb2baa3">[email protected]</span></a>.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2014-0810,'' Air Regulatory Management 
Section (formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the Air Planning Branch), Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0810. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in 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: Jane Spann, 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. Ms. Spann 
can be reached at (404) 562-9029 and via electronic mail at 
<a href="/cdn-cgi/l/email-protection#d5a6a5b4bbbbfbbfb4bbb095b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="a9dad9c8c7c787c3c8c7cce9ccd9c887cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in Appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires EPA to designate as nonattainment any area that is 
violating the NAAQS, based on the three most recent years of ambient 
air quality data at the conclusion of the designation process. The 
Knoxville Area was designated nonattainment for the 2008 8-hour ozone 
NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011 
ambient air quality data. See 77 FR 30088 (April 30, 2012). At the time 
of designation, the Knoxville Area was classified as a Marginal 
nonattainment area for the 2008 8-hour ozone NAAQS. The Memphis Area 
was designated nonattainment for the 2008 8-hour ozone NAAQS on April 
30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality 
data. See 77 FR 30088 (April 30, 2012). At the time of designation, the 
Memphis Area was classified as a Marginal nonattainment area for the 
2008 8-hour ozone NAAQS.
    Based on these nonattainment designations, Tennessee was required 
to develop SIP revisions addressing ozone nonattainment requirements of 
the CAA for the Knoxville and Memphis Areas. Specifically, pursuant to 
CAA section 182(a)(3)(B), Tennessee was required to submit a SIP 
revision addressing emissions statements for these two Areas.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NO<INF>X</INF>) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NO<INF>X</INF> and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NO<INF>X</INF> or VOC stationary source located within a 
nonattainment area, showing the actual emissions of NO<INF>X</INF>

[[Page 11889]]

and VOC from that source.\1\ The first statement is due three years 
from the area's nonattainment designation, and subsequent statements 
are due at least annually thereafter.
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    \1\ A state may waive the emission statement requirement for any 
class or category of stationary sources which emit less than 25 tons 
per year of VOCs or NO<INF>X</INF> if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On January 5, 2015, Tennessee submitted a SIP revision revising its 
existing Rule 1200-03-18-.02, ``General Provisions and Applicability,'' 
which amends its emissions statement requirements to address the 
Knoxville and Memphis Areas under CAA section 182(a)(3)(B). EPA is now 
taking action to approve this SIP revision as meeting the requirements 
of sections 110 and 182(a)(3)(B) of the CAA for those Areas. More 
information on EPA's analysis of Tennessee's SIP revision is provided 
below.

II. Analysis of the State's Submittal

    Tennessee's January 5, 2015, submission seeks to modify its SIP to 
reflect recent changes to the emissions statement requirements in State 
Rule 1200-03-18-.02(8). EPA initially approved this state regulation 
into Tennessee's SIP in 1995. See 60 FR 10504 (February 27, 1995). At 
that time, the regulation applied to stationary sources within 
Davidson, Rutherford, Shelby, Sumner, Williamson, and Wilson Counties. 
Tennessee modified State Rule 1200-03-18-.02(8) in 2014 to include 
Anderson, Blount, and Knox counties; clarify that all owners or 
operators of stationary sources with actual emissions of 25 tons per 
year or more of VOC or NO<INF>X</INF> within these nine counties must 
generate emissions statements; and allow subject sources in counties 
that operate their own air pollution program to send these statements 
to the local permitting authority rather than to the Technical 
Secretary of the Tennessee Air Pollution Control Board. EPA has 
determined that this amended regulation meets all of the requirements 
of CAA section 182(a)(3)(B) for the Knoxville and Memphis Areas because 
it covers the counties within those nonattainment areas and satisfies 
the applicability, certification, and other emissions statement 
criteria contained therein.

III. Final Action

    EPA is approving Tennessee's January 5, 2015, SIP revision 
addressing emissions statement requirements because the State's 
submission meets the requirements of sections 110 and 182 of the CAA. 
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 May 4, 2015 without 
further notice unless the Agency receives adverse comments by April 6, 
2015.
    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 May 4, 2015 and no 
further action will be taken on the proposed rule.

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. 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:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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).
    In addition, 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 May 4, 2015. 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

[[Page 11890]]

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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 13, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    Therefore, 40 CFR part 52 is amended as follows:

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, table 1 in paragraph (c) is amended by revising 
the entry ``Section 1200-3-18-.02'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
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                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanation
                                                           date
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-18 Volatile Organic Compounds
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                                                  * * * * * * *
Section 1200-3-18-.02...........  General Provisions    12/18/2014  3/5/2015 [Insert     Adds Knox, Blount, and
                                   and Applicability.                Federal Register     Anderson County to
                                                                     citation].           Emissions Statement
                                                                                          requirement
                                                                                          applicability;
                                                                                          clarifies that 25 tons
                                                                                          or more NOX sources
                                                                                          are required to submit
                                                                                          in addition to VOC
                                                                                          sources; and allows
                                                                                          subject sources to
                                                                                          send statements to the
                                                                                          local permitting
                                                                                          authority rather than
                                                                                          to the Technical
                                                                                          Secretary of the
                                                                                          Tennessee Air
                                                                                          Pollution Control
                                                                                          Board.
 
                                                  * * * * * * *
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[FR Doc. 2015-04489 Filed 3-4-15; 08:45 am]
 BILLING CODE 6560-50P


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