[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52091-52092]
[DOCID:fr12se07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER07-1136-000]

Camp Grove Wind Farm LLC; Notice of Issuance of Order

August 31, 2007.
    Camp Grove Wind Farm LLC (Camp Grove) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and ancillary services at market-based rates. Camp Grove also
requested waivers of various Commission regulations. In particular,
Camp Grove requested that the Commission grant blanket approval under
18 CFR part 34 of all future issuances of securities and assumptions of
liability by Camp Grove.
    On August 30, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under part 34

(Director's Order). The Director's Order also stated that the
Commission would publish a separate notice in the Federal Register
establishing a period of time for the filing of protests. Accordingly,
any person desiring to be heard concerning the blanket approvals of
issuances of securities or assumptions of liability by Camp Grove,
should file a protest with the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426, in accordance with Rules
211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR
385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
October 1, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Camp Grove is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Camp Grove, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Camp Grove's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-17929 Filed 9-11-07; 8:45 am]

BILLING CODE 6717-01-P


Keystone CAMD Analysis Updated: September 29, 2021 The goal of this analysis is to contextualize PA's proposed limits for Keystone with historic data. I evaluated:  Ozone season data only  I removed partial hours and substitute data hours

For each limit, these tables summarize the historic data in a few different ways:  Each table shows a different value  The first table shows the best (minimum) value  The second table shows the average value  The third table shows the 99[th] percentile value  Within each table, the selected metric is either:  The best year drawn from 2003-2020  The third best year drawn from 2003-2020  The best year drawn from 2010-2020  The third best year drawn from 2010-2020  Each table also shows data for 2019

Note: the best or third best year is selected based on the overall ozone season average NOX rate.

There was interest in what the daily average translates to in lb/day, so I have included that value in the Daily Limit tables. (For reference, the proposed 30-day rolling average limit of 800 lb/hr * 24 hrs = 19,200 lb.)

Unit 1

Daily Limit Compare to: 0.3 lb/mmBtu daily average limit

Metric Time Period Year Best daily average NOX Rate (lb/mmBtu) Daily NOX Mass (lb/day) on that day Best year 2003-2020 2003                                                                           0.035                                                                           6,258 3[rd] best year 2003-2020 2005                                                                           0.037                                                                           6,199 Best year 2010-2020 2010                                                                           0.045                                                                           8,333 3[rd] best year 2010-2020 2018                                                                           0.061                                                                          11,614 Recent 2019 2019                                                                           0.101                                                                          16,168

Metric Time Period Year Average daily average NOX Rate (lb/mmBtu) Average daily NOX Mass (lb/day) Best year 2003-2020 2003                                                                           0.043                                                                           7,604 3[rd] best year 2003-2020 2005                                                                           0.045                                                                           7,918 Best year 2010-2020 2010                                                                           0.052                                                                           9,567 3[rd] best year 2010-2020 2018                                                                           0.099                                                                          17,041 Recent 2019 2019                                                                           0.154                                                                          23,302

Metric Time Period Year 99[th] Percentile daily average NOX Rate (lb/mmBtu) 99[th] Percentile daily NOX Mass (lb/day) Best year 2003-2020 2003                                                                           0.111                                                                          13,862 3[rd] best year 2003-2020 2005                                                                           0.154                                                                          13,124 Best year 2010-2020 2010                                                                           0.083                                                                          14,366 3[rd] best year 2010-2020 2018                                                                           0.288                                                                          29,820 Recent 2019 2019                                                                           0.263                                                                          30,898

30-Day Rolling Average Mass Limit Compare to: 800 lb/hr 30-day rolling average limit

Metric Time Period Year Best 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             309 3[rd] best year 2003-2020 2005                                                                             314 Best year 2010-2020 2010                                                                             384 3[rd] best year 2010-2020 2018                                                                             592 Recent 2019 2019                                                                             904

Metric Time Period Year Average 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             323 3[rd] best year 2003-2020 2005                                                                             336 Best year 2010-2020 2010                                                                             414 3[rd] best year 2010-2020 2018                                                                             719 Recent 2019 2019                                                                             995

Metric Time Period Year 99[th] Percentile 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2003                                                                             349 3[rd] best year 2003-2020 2005                                                                             371 Best year 2010-2020 2010                                                                             455 3[rd] best year 2010-2020 2018                                                                             883 Recent 2019 2019                                                                           1,055

Unit 2

Daily Limit Compare to: 0.3 lb/mmBtu daily average limit

Metric Time Period Year Best daily average NOX Rate (lb/mmBtu) Daily NOX Mass (lb/day) on that day Best year 2003-2020 2008                                                                           0.038                                                                           7,030 3[rd] best year 2003-2020 2010                                                                           0.030                                                                           5,415 Best year 2010-2020 2010                                                                           0.030                                                                           5,415 3[rd] best year 2010-2020 2018                                                                           0.023                                                                             6.2 Recent 2019 2019                                                                           0.084                                                                          16,899

Metric Time Period Year Average daily average NOX Rate (lb/mmBtu) Average daily NOX Mass (lb/day) Best year 2003-2020 2008                                                                           0.044                                                                           7,861 3[rd] best year 2003-2020 2010                                                                           0.046                                                                           8,335 Best year 2010-2020 2010                                                                           0.046                                                                           8,335 3[rd] best year 2010-2020 2018                                                                           0.105                                                                          15,623 Recent 2019 2019                                                                           0.156                                                                          22,046

Metric Time Period Year 99[th] Percentile daily average NOX Rate (lb/mmBtu) 99[th] Percentile daily NOX Mass (lb/day) Best year 2003-2020 2008                                                                           0.115                                                                          11,604 3[rd] best year 2003-2020 2010                                                                           0.119                                                                          14,103 Best year 2010-2020 2010                                                                           0.119                                                                          14,103 3[rd] best year 2010-2020 2018                                                                           0.327                                                                          37,520 Recent 2019 2019                                                                           0.289                                                                          31,470

30-Day Rolling Average Mass Limit Compare to: 800 lb/hr 30-day rolling average limit

Metric Time Period Year Best 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2008                                                                             317 3[rd] best year 2003-2020 2010                                                                             329 Best year 2010-2020 2010                                                                             329 3[rd] best year 2010-2020 2018                                                                             550 Recent 2019 2019                                                                             866

Metric Time Period Year Average 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2008                                                                             333 3[rd] best year 2003-2020 2010                                                                             356 Best year 2010-2020 2010                                                                             356 3[rd] best year 2010-2020 2018                                                                             688 Recent 2019 2019                                                                             919

Metric Time Period Year 99[th] Percentile 30-day rolling average NOX Mass (lb/hr) Best year 2003-2020 2008                                                                             360 3[rd] best year 2003-2020 2010                                                                             407 Best year 2010-2020 2010                                                                             407 3[rd] best year 2010-2020 2018                                                                             810 Recent 2019 2019                                                                           1,010


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Notices]
[Page 47246-47247]
[DOCID:fr15se09-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-32-000]

DCP Raptor Pipeline, LLC; Notice of Petition for Rate Approval

September 4, 2009.
    Take notice that on September 1, 2009, DCP Raptor Pipeline, LLC
(Raptor) filed a petition for rate approval for NGPA Section 311
maximum transportation rates, pursuant to section 284.123(b)(2) of the
Commission's regulations. Raptor requests that the Commission approve a
maximum firm reservation charge of $2.342 per MMBtu per month, firm
commodity charge of $0.0000 per MMBtu, maximum interruptible
transportation charge of

$0.0770 per MMBtu, a lost and unaccounted for charge of 2.53 percent
and a fuel charge of 2.06 percent for gas transported under section
311.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE, Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Friday, September 11, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22103 Filed 9-14-09; 8:45 am]

BILLING CODE 6717-01-P


MEMORANDUM

DATE:	November 21, 2014

TO:	Carbon Power Plan for Existing Power Plants; Docket ID: OAR-2013-0602

FROM:	Rob Lawrence EPA/Region 6/PD

SUBJECT:	October 20, 2014 Call with Environment Texas Regarding the Proposed Carbon Power Plan for Existing Power Plants

SUMMARY

      A conference call presentation was made by EPA to Environment Texas on October 20, 2014, to discuss the proposed Carbon Power Plan for Existing Power Plants, which was proposed on June 2, 2014.

ATTENDEES

Participant:		Luke Metzger

EPA Participant:	Terry Johnson


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23360-23361]
[FR Doc No: 2021-09193]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10023-17-Region 10]

Modification of NPDES General Permit for Offshore Seafood
Processors in Alaska (AKG524000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final modification of NPDES general permit.

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SUMMARY: The Director, Water Division, Environmental Protection Agency
(EPA) Region 10, is modifying a National Pollutant Discharge
Elimination System (NPDES) General Permit for offshore seafood
processors operating in federal waters off the coast of Alaska. The
permit, which became effective on July 17, 2019, authorizes discharges
of seafood processing waste from vessels that: discharge at least 3
nautical miles (NM) or greater from the Alaska shore; and, which engage
in the processing of fresh, frozen, canned, smoked, salted or pickled
seafood, the processing of mince, or the processing of meal, paste and
other secondary by-products. On March 30, 2020,the Freezer Longline
Coalition (FLC) requested that EPA modify the permit to allow for a
currently-prohibited seasonal discharge (between June 10 and December
31, the fleet's ``B Season'') within 1 NM of wintering critical habitat
(Unit 5) for the spectacled eider. EPA has decided to modify the permit
to allow for seasonal discharge (between June 10 and December 31)
within 1 NM of wintering critical habitat (Unit 5) for the spectacled
eider (Part III.B.7 of the modified general permit). All other
conditions of the permit remain unchanged. Between March 1 and March
31, 2021, EPA accepted comments on the proposed modification. Only the
conditions subject to modification were reopened for public comment.
EPA received a single comment letter from the FLC. The comments were
non-significant and supported the proposed modification; therefore, EPA
is not required to prepare a Response to Comments document.

DATES: The issuance date of the modified General Permit is May 3, 2021.
The modified General Permit will become effective June 2, 2021.

ADDRESSES: Permit documents may be found on the EPA Region 10 website
at:
    https://www.epa.gov/npdes-permits/npdes-general-permit-offshore-seafood-processors-alaska.

FOR FURTHER INFORMATION CONTACT: Copies of the modified General Permit
and Fact Sheet are also available upon request. Requests may be made to
Audrey Washington at<PHONE_NUMBER> or to Sally Goodman at (206) 553-
0782. Requests may also be electronically mailed to:
<EMAIL_ADDRESS>or 385f57575c555956164b59545441785d4859165f574e.

SUPPLEMENTARY INFORMATION:

I. General Information

    There are currently 73 vessel operators authorized to discharge
under the permit. In October 2019, FLC reported to EPA that within the
past two fishing seasons, sea ice in the Bering Sea had not reached as
far south, formed later in the year, and persisted for a shorter
duration, and that as a result, a large percentage of the Pacific cod
population in the Bering Sea have migrated further north than
previously found/harvested, including areas near and within spectacled
eider wintering habitat. While FLC raised the issue of Pacific cod
migrating into more northern reaches of the Bering Sea as a primary
motivation in their permit modification request, the permit
modification allowing seasonal discharge within 1 NM of Unit 5 applies

to all vessels covered under EPA's General Permit, which include both
hook and line (``longline'') and trawl catcher processors, and is not
be conditioned upon targeted species. The At-Sea Processors
Association, which represents trawl catcher processor vessels, has
indicated that up to 12 pelagic trawlers could potentially target
pollock within 1 NM of Unit 5.
    EPA conducted new analyses to identify impacts to spectacled eiders
and their critical habitat that could result from the modification,
revised the previously concurred-upon Biological Evaluation (BE), and
on July 9, 2020, requested formal consultation with USFWS under 50 CFR
part 402. New analyses conducted in the BE led EPA to change its
previous determination from not likely to adversely affect the
federally threatened spectacled eider or its critical habitat to likely
to adversely affect the species or critical habitat. USFWS concurred on
the EPA's determination that the Permit actions are likely to adversely
affect species listed under the Endangered Species Act or designated
critical habitat. The Biological Opinion, received on March 8, 2021,
includes mitigations to minimize take and impact on species and
habitat, which are also included in the Permit. They are: permittees
must create a Best Management Practices Plan; discharges are not
authorized in certain protected areas and habitats; vessels must be
moving while discharging; permittees must conduct daily sea surface
monitoring; and, EPA will use the information gathered from visual
monitoring in evaluation during the next permit cycle.

II. Other Legal Requirements

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

Daniel D. Opalski,
Director, Water Division, Region 10.
[FR Doc. 2021-09193 Filed 4-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Rules and Regulations]
[Pages 68253-68257]
[FR Doc No: 2015-28009]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2014-0904; FRL-9936-55-Region 4]

Air Plan Approval and Air Quality Designation; TN; Reasonably
Available Control Measures and Redesignation for the TN Portion of the
Chattanooga 1997 Annual PM2.5 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
portion of a State Implementation Plan (SIP) revision submitted by the
State of Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), on October 15, 2009, that addresses reasonably
available control measures (RACM), including reasonably available
control technology (RACT), for the Tennessee portion of the
Chattanooga, TN-GA-AL nonattainment area for the 1997 fine particulate
matter (PM2.5) national ambient air quality standards
(NAAQS) (hereinafter referred to as the ``Chattanooga TN-GA-AL Area''
or

``Area''). Additionally, EPA is taking three separate final actions
related to Tennessee's November 13, 2014 request to redesignate the
Tennessee portion of the Area to attainment for the 1997
PM2.5 NAAQS and associated SIP revision containing a plan
for maintaining attainment of the standard in the Chattanooga TN-GA-AL
Area. In these three actions, EPA is determining that the Area is
continuing to attain the 1997 PM2.5 NAAQS; approving and
incorporating the State's plan for maintaining attainment of
the standard in the Area, including the 2025 motor vehicle
emission budgets (MVEBs) for nitrogen oxides (NOX) and
PM2.5 for the Tennessee portion of this Area, into the SIP;
and redesignating the Tennessee portion of the Area to attainment for
the 1997 PM2.5 NAAQS. In addition to the four final actions
described above, EPA is also finding the 2025 MVEBs for the Tennessee
portion of the Area adequate for the purposes of transportation
conformity.

DATES: This rule will be effective November 4, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0904. All documents in the docket
are listed on the www.regulations.gov Web site. 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 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: Joel Huey, 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. Huey may be reached by phone at (404)
562-9104 or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background for Final Actions

    On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15 micrograms per cubic meter ([mu]g/m\3\) (based on a 3-year average
of annual mean PM2.5 concentrations) and a 24-hour standard
of 65 [mu]g/m\3\ (based on a 3-year average of the 98th percentile of
24-hour concentrations). See 62 FR 36852. On January 5, 2005, and
supplemented on April 14, 2005, EPA designated Hamilton County in
Tennessee, in association with counties in Alabama and Georgia in the
Chattanooga TN-GA-AL Area, as nonattainment for the 1997 Annual
PM2.5 NAAQS.\1\ See 70 FR 944 and 70 FR 19844, respectively.
The Chattanooga TN-GA-AL Area consists of Hamilton County, Tennessee; a
portion of Jackson County, Alabama; and Catoosa and Walker Counties in
Georgia.
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    \1\ On April 23, 2013, and September 14, 2012, Alabama and
Georgia (respectively) submitted requests and related SIP revisions
for EPA to redesignate the Alabama and Georgia portions of the
Chattanooga TN-GA-AL Area to attainment for the 1997
PM2.5 NAAQS. EPA has since redesignated the Alabama and
Georgia portions of the Area. See 79 FR 76235 (December 22, 2014)
and 79 FR 75748 (December 19, 2014), respectively.
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    On November 13, 2014, TDEC requested that EPA redesignate the
Tennessee portion of the Area to attainment for the 1997
PM2.5 NAAQS and submitted a SIP revision containing the
State's plan for maintaining attainment of the 1997 PM2.5
standard in the Area, including the 2025 MVEBs for NOX and
PM2.5 for the Tennessee portion of the Area. In a notice of
proposed rulemaking (NPR) published on March 27, 2015, EPA proposed to
determine that the Chattanooga TN-GA-AL Area is continuing to attain
the 1997 PM2.5 NAAQS; \2\ to approve and incorporate into
the Tennessee SIP the State's plan for maintaining attainment of the
1997 PM2.5 standard in the Area, including the 2025 MVEBs
for NOX and PM2.5 for the Tennessee portion of
the Area; and to redesignate the Tennessee portion of the Area to
attainment for the 1997 PM2.5 NAAQS. See 80 FR 16331. EPA
proposed to approve the redesignation request and the related SIP
revision based, in part, on the Agency's longstanding interpretation
that the nonattainment planning requirements in subpart 1 of title I,
part D, of the Act (hereinafter ``Subpart 1''), including RACM, are not
``applicable'' for purposes of CAA section 107(d)(3)(E)(ii) once an
area is attaining the NAAQS and, therefore, need not be approved into
the SIP before EPA can redesignate the area. See 80 FR 16331 (March 27,
2015). In the NPR, EPA also notified the public of the status of the
Agency's adequacy determination for the NOX and
PM2.5 MVEBs for the Tennessee portion of the Area.
---------------------------------------------------------------------------

    \2\ On May 31, 2011 (76 FR 31239), EPA published a final
determination that the Chattanooga TN-GA-AL Area had attained the
1997 Annual PM2.5 NAAQS based upon quality-assured and
certified ambient air monitoring data for the 2007-2009 time period.
EPA has reviewed the most recent ambient monitoring data for the
Area, which indicate that the Chattanooga TN-GA-AL Area continues to
attain the 1997 Annual PM2.5 NAAQS beyond the submitted
3-year attainment period of 2007-2009. As stated in EPA's March 27,
2015, proposal notice, the 3-year design value of 12.9 [mu]g/m\3\
for the Area for 2007-2009 meets the NAAQS of 15.0 [mu]g/m\3\.
Quality assured and certified data in EPA's Air Quality System (AQS)
database provide a 3-year design value of 10.3 [mu]g/m\3\ for the
Area for 2012-2014. Furthermore, preliminary monitoring data in the
AQS database for 2015 indicate that the Area is continuing to attain
the 1997 Annual PM2.5 NAAQS. The AQS database is
available at: http://www3.epa.gov/airdata/index.html.
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    On March 18, 2015, the United States Court of Appeals for the Sixth
Circuit (Sixth Circuit) issued an opinion in Sierra Club v. EPA, 781
F.3d 299 (6th Cir. 2015), that is inconsistent with EPA's longstanding
interpretation regarding section 107(d)(3)(E)(ii) of the Clean Air Act
(CAA or Act). In its decision, the Court vacated EPA's redesignation of
the Indiana and Ohio portions of the Cincinnati-Hamilton nonattainment
area to attainment for the 1997 PM2.5 NAAQS because EPA had
not yet approved RACM under Subpart 1 for the Cincinnati Area into the
Indiana and Ohio SIPs.\3\ The Court concluded that ``a State seeking
redesignation `shall provide for the implementation' of RACM/RACT, even
if those measures are not strictly necessary to demonstrate attainment
with the PM2.5 NAAQS . . . . If a State has not done so, EPA
cannot `fully approve[]' the area's SIP, and redesignation to
attainment status is improper.'' Sierra Club, 781 F.3d at 313.
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    \3\ The Court issued an amended decision on July 14, 2015,
revising some of the legal aspects of the Court's analysis of the
relevant statutory provisions (section 107(d)(3)(E)(ii) and section
172(c)(1)) but maintaining its prior holding that section 172(c)(1)
``unambiguously requires implementation of RACM/RACT prior to
redesignation . . . even if those measures are not strictly
necessary to demonstrate attainment with the PM2.5
NAAQS.'' See Sierra Club v. EPA, Nos. 12-3169, 12-3182, 12-3420 (6th
Cir. July 14, 2015).
---------------------------------------------------------------------------

    EPA is bound by the Sixth Circuit's decision in Sierra Club v. EPA
within the Court's jurisdiction unless it is overturned.\4\ Although
EPA continues to believe that Subpart 1 RACM is not an

applicable requirement under section 107(d)(3)(E) for an area that has
already attained the 1997 Annual PM2.5 NAAQS, on September
18, 2015, EPA proposed two separate but related actions regarding the
Tennessee portion of the Chattanooga TN-GA-AL Area in response to the
Court's decision.5 6 First, EPA proposed to approve the
portion of the State's October 15, 2009, attainment plan SIP revision
that addresses RACM under Subpart 1 for the Tennessee portion of the
Area. Second, EPA proposed to supplement the Agency's proposed approval
of Tennessee's November 13, 2014, redesignation request for the Area by
proposing that approval of the RACM portion of the aforementioned SIP
revision satisfies the Subpart 1 RACM requirement in accordance with
section 107(d)(3)(E) of the CAA. See 80 FR 56418.
---------------------------------------------------------------------------

    \4\ The states of Kentucky, Michigan, Ohio, and Tennessee are
located within the Sixth Circuit's jurisdiction.
    \5\ Pursuant to 40 CFR 56.5(b), the EPA Region 4 Regional
Administrator signed a memorandum on July 20, 2015, seeking
concurrence from the Director of EPA's Air Quality Policy Division
(AQPD) in the Office of Air Quality Planning and Standards to act
inconsistent with EPA's interpretation of CAA sections 107(d)(3)(E)
and 172(c)(1) when taking action on pending and future redesignation
requests in Kentucky and Tennessee because the Region is bound by
the Sixth Circuit's decision in Sierra Club v. EPA. The AQPD
Director issued her concurrence on July 22, 2015. The July 20, 2015,
memorandum with AQPD concurrence is located in the docket for
today's actions.
    \6\ On September 3, 2015, the Sixth Circuit denied the petitions
for rehearing en banc of this portion of its opinion that were filed
by EPA, the state of Ohio, and industry groups from Ohio. Sierra
Club v. EPA, Nos. 12-3169, 12-3182, 12-3420, Doc. 136-1 (6th Cir.
Sept. 3, 2015).
---------------------------------------------------------------------------

    The detailed rationale for EPA's findings and actions is set forth
in the March 27, 2015, proposed rulemaking and in the September 18,
2015, supplemental proposed rulemaking. See 80 FR 16331 and 80 FR
56418, respectively. The comment periods associated with these two
proposed rulemakings have closed and no adverse comments were received.

II. What are the effects of these actions?

    Approval of the RACM portion of Tennessee's October 15, 2009,
attainment plan SIP revision satisfies the Subpart 1 RACM requirement
in accordance with the Sixth Circuit's decision in Sierra Club v. EPA.
Approval of Tennessee's redesignation request changes the legal
designation of Hamilton County in the Tennessee portion of the
Chattanooga TN-GA-AL Area, found at 40 CFR 81.343, from nonattainment
to attainment for the 1997 PM2.5 NAAQS. Approval of
Tennessee's associated SIP revision also incorporates a plan for
maintaining the 1997 PM2.5 NAAQS in the Area through 2025,
including contingency measures to remedy any future violations of the
NAAQS and procedures for evaluation of potential violations, into the
SIP. The maintenance plan also establishes NOX and
PM2.5 MVEBs of 3,200 tons per year (tpy) and 100 tpy,
respectively, for the year 2025 for the Tennessee portion of the Area.
Within 24 months from this final rule, these budgets must be used for
future conformity determinations.

III. Final Actions

    EPA is approving the RACM portion of a SIP revision submitted by
TDEC on October 15, 2009, for the 1997 Annual PM2.5 NAAQS in
the Tennessee portion of the Chattanooga TN-GA-AL Area.
    Additionally, EPA is taking three separate final actions regarding
Tennessee's November 13, 2014 request to redesignate the Tennessee
portion of the Area to attainment for the 1997 PM2.5 NAAQS
and related SIP revision. First, EPA is determining that the
Chattanooga, TN-GA-AL Area is continuing to attain the 1997
PM2.5 NAAQS.
    Second, EPA is approving and incorporating the maintenance plan for
the Tennessee portion of the Area, including NOX and
PM2.5 MVEBs for the year 2025, into the Tennessee SIP. The
maintenance plan demonstrates that the Area will continue to maintain
the 1997 PM2.5 NAAQS, and the budgets meet all of the
adequacy criteria contained in 40 CFR 93.118(e)(4) and (5).
    Third, EPA is determining that Tennessee has met the criteria under
CAA section 107(d)(3)(E) for the Tennessee portion of the Area for
redesignation from nonattainment to attainment for the 1997
PM2.5 NAAQS. On this basis, EPA is approving Tennessee's
redesignation request for the 1997 PM2.5 NAAQS for the
Tennessee portion of the Area. As mentioned above, approval of the
redesignation request changes the official designation of Hamilton
County in the Tennessee portion of the Chattanooga, TN-GA-AL Area for
the 1997 PM2.5 NAAQS from nonattainment to attainment, as
found at 40 CFR part 81.
    EPA is also notifying the public that it finds the newly-
established NOX and PM2.5 MVEBs for the Tennessee
portion of the Area adequate for the purpose of transportation
conformity. Within 24 months from this final rule, the transportation
partners must demonstrate conformity to the new NOX and
PM2.5 MVEBs pursuant to 40 CFR 93.104(e).
    EPA has determined that these actions are effective immediately
upon publication under the authority of 5 U.S.C. 553(d). The purpose of
the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Section 553(d)(1) allows an
effective date less than 30 days after publication if a substantive
rule ``relieves a restriction.'' These actions qualify for the
exception under section 553(d)(1) because they relieve the State of
various requirements for the Tennessee portion of the Chattanooga TN-
GA-AL Area. Furthermore, section 553(d)(3) allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' EPA finds
good cause to make these actions effective immediately pursuant to
section 553(d)(3) because they do not create any new regulatory
requirements such that affected parties would need time to prepare
before the actions take effect.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, 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, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state or Federal law. For these reasons, these actions:
     Are not a significant regulatory actions 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);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);

     do 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);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     will not have disproportionate human health or
environmental effects 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 January 4, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: October 20, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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. Section 52.2220(e) is amended by adding new entries ``RACM analysis
for the Tennessee portion of the Chattanooga Area for the 1997
PM2.5 NAAQS'' and ``1997 Annual PM2.5 Maintenance
Plan for the Tennessee portion of Chattanooga TN-GA-AL Area'' at the
end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA--Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of non-regulatory SIP      geographic or         State        EPA approval
           provision              nonattainment    effective date        date                Explanation
                                       area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
RACM analysis for the           Hamilton County..      10/15/2009  11/4/2015         ...........................
 Tennessee portion of the                                           [Insert
 Chattanooga Area for the 1997                                      citation of
 PM2.5 NAAQS.                                                       publication].
1997 Annual PM2.5 Maintenance   Hamilton County..      11/13/2014  11/4/2015         ...........................
 Plan for the Tennessee                                             [Insert
 portion of the Chattanooga TN-                                     citation of
 GA-AL Area.                                                        publication].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.343, the table entitled ``Tennessee--1997 Annual
PM2.5 NAAQS (Primary and Secondary)'' is amended under
``Chattanooga, TN-GA-AL:'' by revising the entry for ``Hamilton
County'' to read as follows:

Sec.  81.343  Tennessee.

* * * * *

                                       Tennessee--1997 Annual PM2.5 NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                           Designation \a\                          Classification
        Designated area        ---------------------------------------------------------------------------------
                                   Date \1\             Type                Date \2\                Type
----------------------------------------------------------------------------------------------------------------
Chattanooga, TN-GA-AL:
    Hamilton County...........       11/4/2015  Attainment..........  ....................  ....................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-28009 Filed 11-3-15; 8:45 am]
 BILLING CODE 6560-50-P