Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules 49201 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0403; FRL–9949–61– 

Region 4] 

Air Plan Approval; TN: Revisions to 

Logs and Reports for Startups, 

Shutdowns and Malfunctions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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 proposing to 

approve this SIP revision because it is 

consistent with the Clean Air Act (CAA 

or Act) and federal regulations 

governing SIPs. 

DATES: Comments must be received on 

or before August 26, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0403 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: 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. Akers 

can be reached by telephone at (404) 

562–9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. EPA’s Action 

A. What action is EPA proposing today? 

On September 25, 2013, TDEC 

submitted a change to the Tennessee 

rules to EPA for approval and 

incorporation into the Tennessee SIP. 

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.’’ Existing subparagraph (2) 

provides 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 

proposing to approve Tennessee’s 

September 25, 2013, SIP revision 

because the proposed revision is 

consistent with the requirements of the 

CAA and federal regulations governing 

SIPs. 

B. EPA’s Analysis of the September 25, 

2013, Submittal 

Section 110(a)(2)(A) of the Act 

requires SIP provisions such as 

emission limitations to be enforceable, 

and sections 110(a)(2)(F)(i) and (F)(ii) 

require plans to contain certain types of 

provisions related to emissions 

monitoring and reporting, as prescribed 

by the Administrator. Accordingly, 40 

CFR part 51, subpart K, ‘‘Source 

Surveillance,’’ requires a SIP to provide 

for monitoring the status of compliance 

with the regulations in it, including 

‘‘legally enforceable procedures’’ for 

recordkeeping and reporting. See 40 

CFR 51.211. Such recordkeeping and 

reporting must include ‘‘[i]nformation 

on the nature and amount of emissions 

from the stationary sources’’ and 

‘‘[o]ther information as may be 

necessary to enable the state to 

determine whether the sources are in 

compliance with the applicable portions 

of the control strategy.’’ Id. Furthermore, 

40 CFR part 51, appendix V, Criteria for 

Determining the Completeness of Plan 

Submissions, states in section 2.2 that 

complete SIPs must contain: ‘‘(g) 

Evidence that the plan contains 

emission limitations, work practice 

standards and recordkeeping/reporting 

requirements, where necessary, to 

ensure emission levels;’’ and ‘‘(h) 

Compliance/enforcement strategies, 

including how compliance will be 

determined in practice.’’ 

In support of its proposed SIP 

revision, TDEC explains in its 

September 25, 2013, submittal that it 

considers the existing quarterly 

reporting requirement to be outdated in 

light of more recently enacted federal 

regulations requiring less frequent 

reporting. TDEC specifically points to 

EPA’s 1999 rulemaking that reduced the 

required reporting frequency under the 

General Provisions for 40 CFR parts 60, 

61, and 63 from quarterly to semiannually. See ‘‘Recordkeeping and 

Reporting Burden Reduction,’’ 64 FR 

7458 (February 12, 1999). In addition, 

TDEC notes that major sources are now 

subject to title V operating permit 

program reporting requirements, which 

TDEC contends makes TDEC’s quarterly 

reporting requirement unnecessary for 

title V sources. In particular, TDEC 

explains that the title V program 

requires sources to submit a report 

identifying all deviations from permit 

requirements every six months, and to 

submit an annual compliance 

certification. TDEC explains that the 

current quarterly reporting requirement 

in Tennessee’s SIP prevents Tennessee 

sources from availing themselves of the 

less burdensome reporting requirements 

under more recently enacted federal 

regulations. Furthermore, TDEC 

contends that eliminating the quarterly 

reporting requirement will have no 

impact on the emissions of any air 

pollutant. 

1. Impact of the Proposed SIP Revision 

on Reporting Obligations for Major 

Sources 

Even if EPA approves Tennessee’s 

request to remove the reporting 

requirements at TAPCR Rule 1200–3– 

20–.04(2) from Tennessee’s SIP, major 

sources will continue to be subject to 

the title V reporting requirements, as 

well as other emissions reporting 

requirements in Tennessee’s SIP. 

Regarding title V reporting 

requirements, Tennessee has an EPAapproved title V operating permits 

program and TDEC is the permitting 

authority. See ‘‘Clean Air Act Final Full 

Approval of Operating Permit Programs; 

Tennessee and Memphis-Shelby 

County,’’ 66 FR 56996 (November 14, 

2001). As TDEC notes, title V requires 


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sources to submit reports of any 

required monitoring at least every six 

months. See 40 CFR 70.6(a)(3)(iii)(A). 

All instances of deviations from permit 

requirements, including excess 

emissions during SSM events, must be 

clearly identified in such reports. Id. 

TDEC adopted this requirement into its 

federally approved title V operating 

permits program at TAPCR Rule 1200– 

3–9–.02(11)(e)1(iii)(III)I. In addition, 

emissions during SSM events that 

exceed applicable emission limits must 

be taken into account in the annual 

compliance certification required by the 

title V program. See 40 CFR 70.6(c)(5) 

and TAPCR 1200–3–9–.02(11)(e)3(v). 

The title V operating permits program 

also requires ‘‘[p]rompt reporting of 

deviations from permit requirements, 

including those attributable to upset 

conditions as defined in the permit, the 

probable cause of such deviations, and 

any corrective actions or preventative 

measures taken.’’ See 40 CFR 

70.6(a)(3)(iii)(B). The permitting 

authority is to define ‘‘prompt’’ in 

relation to the degree and type of 

deviation likely to occur and the 

applicable requirements. Id. Since 

individual permitting authorities are 

responsible for having programs to 

attain and/or maintain air quality within 

their geographical boundaries, they are 

obligated under the title V operating 

permits program to determine, among 

other things, what constitutes a prompt 

notification of a deviation from permit 

requirements. TDEC incorporates this 

prompt reporting requirement into its 

major source operating program at 

TAPCR 1200–3–9–.02(11)(e)1(iii)(III)II, 

which defines ‘‘prompt reporting’’ by 

reference to TAPCR Rule 1200–3–20–.03 

(generally requiring reporting ‘‘within 

24 hours’’). 

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) (‘‘The 

Technical Secretary is authorized to 

require by permit condition any 

periodic or enhanced monitoring, 

recording and reporting that he deems 

necessary for the verification of the 

source’s compliance with the applicable 

requirements as defined in 1200–3–9– 

.02(11).’’). 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 more frequent quarterly reports 

similar to those in TAPCR 1200–3–20– 

.04(2) when deemed necessary to 

determine a source’s compliance with 

applicable requirements. It is also 

important to note that TAPCR 1200–3– 

20–.04(1) remains in effect, requiring 

sources to collect and maintain records 

regarding SSM events and resultant 

excess emissions. 

With respect to TDEC’s request to 

remove the requirement in TAPCR Rule 

1200–3–20–.04(2) that sources located 

in or impacting nonattainment areas 

report total emissions (if such reports 

are not otherwise required), EPA notes 

that other federal reporting 

requirements would ensure that similar 

emissions information is reported on a 

regular basis. Specifically, EPA’s Air 

Emissions Reporting Requirements 

(AERR), set forth at Subpart A to 40 CFR 

part 51, specify that the state must 

submit 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, as outlined in 

Appendix A to Subpart A. While the 

reporting requirement that TDEC 

proposes to remove from its SIP applies 

only to sources located in or impacting 

nonattainment areas, the AERR applies 

to all major sources located in all areas, 

regardless of attainment status. 

Specifically, under the AERR, if a 

source is considered a major source 

under 40 CFR part 70 for one criteria air 

pollutant or precursor pollutant, then 

the state must report all emissions of 

criteria air pollutants and precursors for 

that source. TDEC implements the 

AERR by collecting reports of annual 

emissions from sources in June of each 

year, depending on whether the 

triennial or annual report applies, and 

then compiling and submitting the 

information to EPA’s emissions 

inventory system. On its Web site, TDEC 

outlines the thresholds, timeframes, and 

structure of these emissions reports, 

citing the AERR and a statute at 

Tennessee Code Annotated Section 68– 

201–105(b)(2), which gives the Division 

of Air Pollution Control the authority to 

‘‘[r]equire that any person furnish the 

department information required by it 

in discharge of its duties under this part, 

if the department has reason to believe 

such person is, or may be about to, 

causing or contributing to air 

pollution.’’ See https://tn.gov/

environment/article/apc-emissionsinventory-reporting-requirements. TDEC 

also informs sources at this web address 

that failure to submit the reports by the 

applicable deadline may result in 

enforcement pursuant to this statute. 

See also SIP Rule TAPCR 1200–3–10– 

.02(1)(a) (authorizing the Technical 

Secretary to require submittal of 

periodic emissions reports). 

2. Impact of the Proposed SIP Revision 

on Reporting Obligations for Minor 

Sources 

There are two types of minor sources 

of air pollution: ‘‘true minors’’ and 

‘‘synthetic minors.’’ ‘‘Synthetic minors’’ 

are 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. See SIP Rule TAPCR 

1200–3–9–.02(11)(a) (authorizing a 

source to opt out of major source 

requirements by taking an enforceable 

limit on its potential to emit). See also 

SIP Rule TAPCR 1200–3–9–.01(b)(5) 

(defining ‘‘potential to emit’’). ‘‘True 

minors’’ are sources for which potential 

emissions are below the major source 

thresholds, even assuming no emission 

controls and unlimited hours of 

operation. See SIP Rule TAPCR 1200–3– 

9–.01(b)(5). If EPA finalizes approval of 

the proposed SIP revision, the effects 

will be different for these different types 

of minor sources. 

Synthetic minor sources, in 

accordance with 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.’’ EPA 

approved Tennessee’s request to 

incorporate TAPCR 1200–3–9–.02(11)(a) 

into the Tennessee SIP on February 13, 

1997. 62 FR 6724. Accordingly, 

Tennessee’s synthetic minor emission 

limits are federally enforceable. Id. In 


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1Tennessee’s ‘‘synthetic minor’’ permits are 

classified as ‘‘conditional major’’ permits, and can 

be found along with compliance reports and notices 

of violation in the public database at the following 

Web site: https://tdec.tn.gov/tdec_online/

Home.aspx. TAPCR 1200–3–9–.02(11)(a) also 

requires that these types of permits are made 

available for public comment and hearing. 

practice 1, 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 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, synthetic minor sources 

would remain subject to reporting 

requirements even if EPA approves 

TDEC’s request to remove the reporting 

requirements in TAPCR Rule 1200–3– 

20–.04 from Tennessee’s SIP. 

Due to their relatively small amount 

of emissions, true minor sources are 

subject to significantly fewer emissionsrelated reporting obligations than major 

or synthetic minor sources. There is no 

general federal requirement for true 

minor sources to directly report their 

emissions to the state or to EPA. 

However, the CAA and federal 

regulations do require source-specific 

emissions reporting for true minor 

sources under certain circumstances. 

Specifically, for areas designated as 

marginal-or-above nonattainment for the 

ozone NAAQS, any source emitting 25 

tons per year or more of nitrogen oxides 

(NOX) or volatile organic compounds 

(VOCs) (both precursors to ozone 

formation) must report total emissions 

annually in accordance with the 

emissions statement requirement of 

CAA section 182(a)(3)(B). EPA approved 

Tennessee’s regulation at TAPCR 1200– 

3–18–.02(8) into the SIP to satisfy the 

emissions statement reporting 

requirement for the 2008 ozone NAAQS 

on March 5, 2015. See 80 FR 11887. 

Emissions from true minor sources 

also are captured to some extent by the 

AERR. Specifically, under the AERR, 

Tennessee must compile minor source 

emissions data and periodically submit 

that data to EPA for inclusion in the 

EPA’s National Emissions Inventory. 

The rule requires triennial reports of 

VOC emissions in ‘‘serious,’’ ‘‘severe,’’ 

and ‘‘extreme’’ ozone nonattainment 

areas for sources that emit greater than 

or equal to 50 tons per year, 25 tons per 

year and 10 tons per year, respectively. 

See Appendix A to 40 CFR 51, Subpart 

A. The AERR also provides for reporting 

of emissions of particulate matter with 

a diameter of 10 micrometers or less 

(PM10) that are greater than or equal to 

70 tons per year in any area designated 

as ‘‘serious’’ nonattainment for PM10. Id.

In addition, the AERR provides for 

reporting of lead emissions greater than 

or equal to 0.5 tons per year, regardless 

of an area’s attainment status with 

respect to the lead NAAQS. Id. Other 

than under these specific circumstances, 

the AERR instructs states to treat minor 

sources as ‘‘nonpoint sources’’ in the 

triennial emissions inventories (see 40 

CFR 51.20), meaning that the emissions 

inventories ‘‘collectively represent 

individual sources that have not been 

inventoried as specific point or mobile 

sources,’’ 40 CFR 51.50. The AERR goes 

on to explain: ‘‘These individual 

sources treated collectively as nonpoint 

sources are typically too small, 

numerous, or difficult to inventory 

using the methods for the other classes 

of sources.’’ Id. Accordingly, these 

nonpoint sources are generally 

estimated and aggregated within source 

classification codes on a county-level 

resolution rather than individual source 

emissions, in accordance with 40 CFR 

51.20(d). 

Subsequent to the September 25, 

2013, submittal, TDEC submitted a 

memorandum that addressed true minor 

sources. In that memorandum, 

Tennessee highlighted the Technical 

Secretary’s authority under 1200–3–10– 

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

contaminant source.’’ TDEC notes 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. This memorandum is 

included in the Docket for today’s 

proposed action. 

3. EPA’s Evaluation the Effect of the 

Requested SIP Revision on TDEC’s 

Ability To Determine Whether Sources 

are Operating in Compliance With the 

SIP 

In light of 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, EPA 

proposes to find that Tennessee’s 

September 25, 2013, SIP revision would 

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 

proposed approval of Tennessee’s 

September 25, 2013, SIP revision is 

consistent with the minimum SIP 

requirements pertaining to 

enforceability and emissions reporting, 

including the ‘‘Source Surveillance’’ 

requirements specified at 40 CFR 

51.211. 

C. Section 110(l) and Section 193 

Relaxation Considerations 

As discussed above, before the 

removal of this paragraph, sources were 

required to report excess emissions 

during SSM events, as well as total 

emissions, each calendar quarter. If this 

provision is removed from the SIP, the 

requisite reporting from major sources 

and synthetic minor sources generally 

will be less frequent, and emissions 

from true minor sources generally will 

be accounted for only in aggregate for 

periodic AERR reporting from the state 

(unless TDEC exercises its authority to 

request submittal of additional 

emissions information). The effect of 

less frequent, or less overall required 

reporting constitutes a potential SIP 

relaxation. Section 110(l) of the Act 

provides that ‘‘the Administrator shall 

not approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171), or 

any other applicable requirement of this 

Act.’’ Accordingly, if provisions are 

removed from the federally approved 

SIP, states must provide a 

noninterference demonstration pursuant 

to section 110(l) of the Act. 

Additionally, section 193 of the Act, 

the general savings clause, states: ‘‘No 

control requirement in effect, or 

required to be adopted by an order, 

settlement agreement, or plan in effect 

before the date of the enactment of the 

[CAA] Amendments of 1990 in any area 

which is a nonattainment area for any 

air pollutant may be modified . . . 

unless the modification insures 

equivalent or greater emission 

reductions of such air pollutant.’’ 

Tennessee’s September 25, 2013, SIP 

revision would revise a regulation that 

was approved into Tennessee’s SIP in 

1980 and that impacts requirements 

applicable to sources located in or 

having a significant impact on air 

quality in a nonattainment area. See 45 

FR 8004 (February 6, 1980). Therefore, 

section 193 must be addressed to insure 

that no controls in a nonattainment area 

are removed or modified from the SIP 

without equivalent or greater emission 

reductions. 

Tennessee originally provided a brief 

section 110(l) and section 193 analysis 

in the response to public comments 

section of the final September 25, 2013, 

submittal to account for the relaxation 

of emissions reporting requirements. 


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Subsequently, on July 16, 2015, 

Tennessee provided EPA with a 

clarifying memorandum that expanded 

the State’s explanation for the rule 

change and why the revision would not 

impact air quality. This memorandum is 

available in the Docket for today’s 

proposed action. In the final September 

25, 2013, submittal and in the July 16, 

2015, memorandum, Tennessee declares 

that the proposed SIP revision will have 

no effect on any applicable requirement 

concerning attainment, and reasonable 

further progress toward attainment and 

maintenance of the NAAQS, thereby 

addressing section 110(l) of the Act. 

Tennessee further contends that the 

proposed 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. 

EPA preliminarily concludes that 

removal of the quarterly reporting 

requirement at TAPCR Rule 1200–3–20– 

.04 from Tennessee’s SIP will not result 

in an increase in emissions of any air 

pollutant and therefore will not impact 

attainment, reasonable further progress 

toward attainment, or maintenance of 

the NAAQS. While the proposed SIP 

revision reduces emissions reporting 

obligations, SIP emission limits remain 

unchanged. Furthermore, as discussed 

above, the array of reporting 

requirements that will remain in effect, 

including title V reporting requirements, 

SIP reporting requirements, emissions 

reporting required by the State pursuant 

to the AERR, and additional reporting as 

the State deems necessary, will provide 

Tennessee with sufficient information to 

ensure that sources operate in 

compliance with applicable emission 

limits. Therefore, EPA is proposing to 

find that Tennessee’s September 25, 

2013, SIP revision is consistent with the 

requirements of both sections 110(l) and 

193 of the Act. 

D. SSM SIP Call Considerations 

In this action, EPA is not proposing to 

approve or disapprove revisions to any 

existing emission limitations that apply 

during SSM events. EPA notes that on 

June 12, 2015, 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. See 80 FR 33840. 

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.’’ As 

today’s proposed 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 Tennessee’s Rule 1200–3–20– 

.07(1). 

II. 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 TDEC Rule 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. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the Region 4 office (see the 

ADDRESSES section of this preamble for 

more information). 

III. Proposed Action 

EPA is proposing to approve the 

September 25, 2013, Tennessee SIP 

revision consisting of removing and 

reserving paragraph (2) of Rule 1200–3– 

20–.04, ‘‘Logs and Reports’’ because it is 

consistent with the CAA and federal 

regulations governing SIPs. 

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. Accordingly, this proposed 

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 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); 

• 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, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

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

Dated: July 15, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–17715 Filed 7–26–16; 8:45 am] 

BILLING CODE 6560–50–P 


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