Rule2022-22357
Air Plan Approval; TN; Updates to References to Appendix W Modeling Guideline
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 24, 2022
Effective
November 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Tennessee on April 9, 2021. Specifically, EPA is approving updates to the incorporation by reference of Federal guidelines on air quality modeling in the Tennessee SIP. EPA is also converting the previous conditional approval regarding infrastructure SIP prevention of significant deterioration (PSD) elements for the 2015 ozone national ambient air quality standards (NAAQS) for Tennessee to a full approval. EPA is approving this revision pursuant to the Clean Air Act (CAA or Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 204 (Monday, October 24, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64165-64167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22357]
[[Page 64165]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0569; FRL-10136-02-R4]
Air Plan Approval; TN; Updates to References to Appendix W
Modeling Guideline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Tennessee
on April 9, 2021. Specifically, EPA is approving updates to the
incorporation by reference of Federal guidelines on air quality
modeling in the Tennessee SIP. EPA is also converting the previous
conditional approval regarding infrastructure SIP prevention of
significant deterioration (PSD) elements for the 2015 ozone national
ambient air quality standards (NAAQS) for Tennessee to a full approval.
EPA is approving this revision pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective November 23, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0569. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the 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. 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#a5cad7d1ccdfc7cad7d7c0d7ca8bcfcad6d0c0e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="4c233e3825362e233e3e293e236226233f39290c293c2d622b233a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements, such as requirements for monitoring, basic program
requirements, and legal authority, that are designed to assure
attainment and maintenance of the NAAQS. This type of SIP is commonly
referred to as an ``infrastructure SIP'' or ``iSIP.'' States were
required to submit such SIP revisions for the 2015 8-hour ozone NAAQS
to EPA no later than October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In infrastructure SIP submissions, states generally certify
evidence of compliance with sections 110(a)(1) and (2) of the CAA
through a combination of state regulations and statutes, some of
which have been incorporated into the SIP. In addition, certain
federally approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
---------------------------------------------------------------------------
On September 13, 2018, Tennessee met the requirement to submit an
iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, deadline.
Through previous rulemakings, EPA approved most of the infrastructure
SIP elements for the 2015 ozone NAAQS for Tennessee.<SUP>2 3</SUP>
However, regarding the PSD elements of section 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) (herein referred to as
element C, Prong 3, and element J, respectively), EPA conditionally
approved \4\ these portions of Tennessee's iSIP submission because of
outdated references to the Federal guidelines on air quality modeling
found in appendix W of 40 CFR part 51.\5\ As previously mentioned, all
other applicable iSIP requirements for Tennessee for the 2015 8-hour
ozone NAAQS were addressed or will be addressed in separate
rulemakings.
---------------------------------------------------------------------------
\2\ EPA approved most elements for Tennessee, except for the
Interstate Transport provisions (Prongs 1 and 2), and the PSD
provisions (element C, Prong 3, and J), on December 26, 2019. See 84
FR 70895.
\3\ The Interstate Transport provisions (Prongs 1 and 2) for
Tennessee have been proposed for disapproval, but that action has
not yet been finalized. See 87 FR 9545 (February 22, 2022).
\4\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
\5\ For the State of Tennessee, EPA conditionally approved the
PSD provisions of element C, Prong 3, and element J, on April 9,
2020. See 85 FR 19888.
---------------------------------------------------------------------------
For elements C and J to be approved for PSD, a state needs to
demonstrate that its SIP meets the PSD-related infrastructure
requirements of these sections. These requirements are met if the
state's implementation plan includes a PSD program that meets current
Federal requirements. Prong 3 is also approvable when a state's
implementation plan contains a fully approved, up-to-date PSD program.
EPA's PSD regulations at 40 CFR 51.166(l) require that modeling be
conducted in accordance with appendix W, Guideline on Air Quality
Models. EPA promulgated the most current version of appendix W on
January 17, 2017 (82 FR 5182). Therefore, for the iSIP PSD elements for
the 2015 8-hour ozone NAAQS to be approved, the PSD regulations in the
SIP must reference the most current version of appendix W.
As discussed in EPA's April 9, 2020, conditional approval of the
2015 ozone iSIP PSD elements for Tennessee, the State's SIP contained
outdated references to appendix W. The State committed to updating the
outdated references and submitting a SIP revision within one year of
EPA's final rule conditionally approving these PSD elements.
Accordingly, Tennessee was required to submit a SIP revision by April
9, 2021. Tennessee met its commitment by submitting a SIP revision to
correct the deficiencies before the deadline.
In a notice of proposed rulemaking (NPRM), published on August 24,
2022 (87 FR 51944), EPA proposed to approve changes to the Tennessee
SIP and to convert the conditional approval to a full approval for
Tennessee regarding element C, Prong 3, and element J, for the 2015 8-
hour ozone NAAQS infrastructure SIP. The details of Tennessee's
submission and the rationale for EPA's action are explained in the
NPRM. Comments on the August 24, 2022, NPRM were due on or before
September 23, 2022. EPA did not receive any comments on the August 24,
2022, NPRM.
[[Page 64166]]
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Tennessee Rules 1200-03-09-.01,
Construction Permits,\6\ and 1200-03-21-.01, General Alternate Emission
Standard, state effective on April 22, 2021, which address outdated
references to EPA's modeling guidelines in order to meet PSD iSIP
requirements for the 2015 8-hour ozone NAAQS. EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
---------------------------------------------------------------------------
\6\ EPA is not incorporating the April 22, 2021, state effective
version of the following provisions: 1200-03-09-.01(1)(a); 1200-03-
09-.01(1)(d); 1200-03-09-.01(1)(j); 1200-03-09-.01(4)(b)24(XVII);
1200-03-09-.01(4)(b)29; 1200-03-09-.01(4)(b)47(i)(IV); 1200-03-
09-.01(4)(j)3; 1200-03-09-.01(5)(b)1(x)(VII); the PM<INF>2.5</INF>
annual and 24-hour averaging time as part of subparagraph 1200-03-
09-.01(5)(b)(1)(xix); and 1200-03-09-.01(5)(b)2(iii)(II).
In the August 24, 2022, NPRM, EPA also proposed to exclude 1200-
03-09-.01(1)(h); 1200-03-09-.01(4)(a)7(vi); 1200-03-
09-.01(4)(l)2(iii); 1200-03-09-.01(5)(b)2(viii)(III); and 1200-03-
09-.01(5)(b)3(i)(III) from the incorporation of the April 22, 2021,
state effective version. See 87 FR 51946. Subsequent to the NPRM,
EPA finalized approval of the version of these five provisions found
in the April 22, 2021, state effective rule (see 87 FR 59322,
September 30, 2022) and incorporated them by reference. EPA is
therefore not finalizing the exclusion of these provisions from the
incorporation by reference of Rule 1200-03-09-.01 in this action.
---------------------------------------------------------------------------
III. Final Action
EPA is approving changes to the Tennessee SIP and converting the
conditional approval for element C, Prong 3, and element J for the 2015
8-hour ozone Infrastructure SIP to a full approval. Specifically, EPA
is approving changes to Tennessee Rules 1200-03-09-.01, Construction
Permits, and 1200-03-21-.01, General Alternate Emission Standard.
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. 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 final action:
<bullet> 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);
<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 CAA; 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).
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 December 23, 2022. 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) of the CAA.
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.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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
Sec. 52.2219 [Removed and Reserved]
0
2. Remove and reserve Sec. 52.2219.
0
3. In Sec. 52.2220:
0
a. In paragraph (c), amend Table 1 by revising the entries for
``Section 1200-3-9-.01'' and ``Section 1200-3-21-.01''.
0
b. In paragraph (e), amend the table by adding at the end an entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour
Ozone NAAQS''.
The revisions and addition read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
[[Page 64167]]
(c) * * *
Table 1--EPA Approved Tennessee Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 1200-3-9-.01..................... Construction Permits..... 4/22/2021 10/24/2022, [Insert Except for 1200-03-09-.01(1)(a),
citation of publication]. (1)(d), (4)(b)24(i)(XVII), (4)(b)29,
(4)(b)47(i)(IV), (4)(j)3, (5)(b)1(x)
(VII), and (5)(b)2(iii)(II), which
have a state effective date of 4/24/
2013; 1200-3-9-.01(1)(j), which is not
incorporated into the SIP; and the
PM2.5 SILs (found in 1200-3-9-
.01(5)(b)1(xix)) and the SMC (found in
1200-3-9-.01(4)(d)6(i)(III))
provisions.
* * * * * * *
Section 1200-3-21-.01.................... General Alternate 4/22/2021 10/24/2022, [Insert
Emission Standard. citation of
publication]..
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
provision or nonattainment area effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Tennessee.............. 4/9/2021 10/24/2022, Addressing the PSD
Infrastructure Requirements [Insert citation requirements of
for the 2015 8-Hour Ozone of publication]. Section
NAAQS. 110(a)(2)(C),
(D)(i)(II) (Prong
3), and (J).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-22357 Filed 10-21-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 24, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.