Air Quality Plans; Tennessee; Infrastructure Requirements for the 2012 PM2.5, 21706-21708 [2017-09390]
Download as PDF
21706
Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(d) is amended by adding an entry for
‘‘SABIC Innovative Plastics’’ to read as
follows:
■
§ 52.770
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(d) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
CO date
Title
*
10/20/2016 ........
*
*
SABIC Innovative Plastics ............
*
*
*
SIP rule
*
*
*
*
*
N.A
Explanation
*
5/10/2017, [Insert Federal Register citation].
*
*
Limitation intended to support attainment designation.
*
*
enforced, and maintained in Tennessee.
EPA is finalizing its determination that
Tennessee’s infrastructure SIP
submission, provided to EPA on
December 16, 2015, satisfies certain
required infrastructure elements for the
2012 Annual PM2.5 NAAQS.
*
[FR Doc. 2017–09385 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
DATES:
[EPA–R04–OAR–2014–0430; FRL–9961–89Region 4]
ADDRESSES:
Air Quality Plans; Tennessee;
Infrastructure Requirements for the
2012 PM2.5 National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), on December 16,
2015, to demonstrate that the State
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2012 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). The CAA requires
that each state adopt and submit a SIP
for the implementation, maintenance
and enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’ TDEC
certified that the Tennessee SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
SUMMARY:
jstallworth on DSK7TPTVN1PROD with RULES
EPA approval
VerDate Sep<11>2014
13:27 May 09, 2017
Jkt 241001
This rule will be effective June
9, 2017.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0430. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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Fmt 4700
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*
*
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. See
78 FR 3086 (January 15, 2013). Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIPs 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. States were required to
submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than
December 14, 2015.
In a proposed rulemaking published
on January 9, 2017 (82 FR 2295), EPA
proposed to approve portions of
Tennessee’s December 16, 2015, SIP
submission for the 2012 Annual PM2.5
NAAQS. The details of Tennessee’s
E:\FR\FM\10MYR1.SGM
10MYR1
Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
submission and the rationale for EPA’s
actions for this final rule are explained
in the January 9, 2017 proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
February 8, 2017. EPA received no
comments.
II. Final Action
EPA is taking final action to approve
Tennessee’s infrastructure submissions
submitted on December 16, 2015, for the
2012 Annual PM2.5 NAAQS for the
infrastructure SIP requirements, with
the exception of the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
and (I) (prongs 1, 2 and 4). EPA notes
that the Agency is not approving any
specific rule, but rather approving that
Tennessee’s already approved SIP meets
certain CAA requirements. With respect
to the interstate transport requirements
of section 110(a)(2)(D)(i)(I) and (I)
(prongs 1, 2 and 4), EPA will consider
these requirements in relation to
Tennessee’s 2012 Annual PM2.5 NAAQS
infrastructure submission in a separate
rulemaking. EPA is taking final action to
approve all other elements of
Tennessee’s infrastructure SIP
submissions for the 2012 Annual PM2.5
NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order
Reviews
jstallworth on DSK7TPTVN1PROD with RULES
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
VerDate Sep<11>2014
16:00 May 09, 2017
Jkt 241001
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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
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Fmt 4700
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21707
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 July 10, 2017. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 17, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(e), is amended by
adding entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\10MYR1.SGM
10MYR1
*
*
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic
or nonattainment area
Name of non-regulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
*
Tennessee ..
[FR Doc. 2017–09390 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0707; FRL–9962–09Region 5]
Air Plan Approval; Indiana;
Commissioner’s Order for Carmeuse
Lime, Inc.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, as a revision
to the Indiana State Implementation
Plan (SIP), a submittal from the Indiana
Department of Environmental
Management (IDEM) to EPA, dated
December 22, 2016. The submittal
consists of an order issued by the
Commissioner of IDEM that establishes
permanent and enforceable sulfur
dioxide (SO2) emission limits for
Carmeuse Lime, Inc. (Carmeuse),
applicable to its Gary, Indiana lime
manufacturing plant. IDEM submitted
this order so the area near Carmeuse can
be designated ‘‘attainment’’ of the 2010
primary SO2 National Ambient Air
Quality Standards (NAAQS), a matter
that will be addressed in a separate
future rulemaking. EPA’s approval of
this order would make these SO2
emission limits and applicable
reporting, recordkeeping, and
compliance demonstration requirements
part of the federally enforceable Indiana
SIP.
DATES: This direct final rule will be
effective July 10, 2017, unless EPA
receives adverse comments by June 9,
2017. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Nos. EPA–R05–
OAR–2016–0707 at https://
www.regulations.gov or via email to
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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16:00 May 09, 2017
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State
effective date
*
11/19/2015
EPA
approval date
Explanation
*
5/10/2017, [Insert citation of publication].
*
*
With the exception of interstate transport
requirements of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2 and 4).
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Why did IDEM issue this commissioner’s
order?
II. What are the SO2 limits in this
commissioner’s order?
III. By what criterion is EPA reviewing this
SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
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I. Why did IDEM issue this
commissioner’s orders?
On December 22, 2016, IDEM
submitted for approval, as a revision to
the Indiana SIP, an order issued by
IDEM’s Commissioner that establishes
SO2 emission limits for Carmeuse. SO2
emission limits for Carmeuse previously
did not exist in the Indiana SIP. IDEM
established these emission limits so the
area near Carmeuse can qualify in the
future for being designated ‘‘attainment’’
of the 2010 primary SO2 NAAQS. The
history of the 2010 SO2 NAAQS and the
applicable Data Requirements Rule
(DRR) is explained below in order to
provide a more detailed explanation of
the context for IDEM’s request.
On June 3, 2010, pursuant to section
109 of the Clean Air Act (CAA), EPA
revised the primary (health-based) SO2
NAAQS by establishing a new one-hour
standard codified at title 40 Code of
Federal Regulations (CFR) section 51.17
(75 FR 35520). Pursuant to section
107(d) of the CAA, EPA must designate
areas as either ‘‘unclassifiable,’’
‘‘attainment,’’ or ‘‘nonattainment’’ for
the 2010 one-hour SO2 primary NAAQS.
Under Section 107(d) of the CAA, a
nonattainment area is any area that does
not meet the NAAQS or that contributes
to a violation in a nearby area. An
attainment area is any area, other than
a nonattainment area, that meets the
NAAQS. Unclassifiable areas are those
that cannot be classified on the basis of
available information as meeting or not
meeting the NAAQS.
On August 5, 2013, EPA published a
final rule designating 29 areas in the
United States as nonattainment for the
2010 SO2 NAAQS, based on recorded
air quality monitoring data from 2009–
2011 that showed violations of the
NAAQS (78 FR 47191). In that
rulemaking, EPA committed to address,
in separate future actions, the
designations for all other areas for
which EPA was not yet prepared to
issue designations.
Following the initial August 5, 2013,
designations, three lawsuits were filed
against EPA in different U.S. District
Courts, alleging that EPA had failed to
perform a nondiscretionary duty under
E:\FR\FM\10MYR1.SGM
10MYR1
Agencies
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21706-21708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09390]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0430; FRL-9961-89-Region 4]
Air Quality Plans; Tennessee; Infrastructure Requirements for the
2012 PM2.5 National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State Implementation Plan (SIP) submission,
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), on December 16, 2015, to
demonstrate that the State meets the infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS). The
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by EPA, which is commonly referred to as an ``infrastructure SIP
submission.'' TDEC certified that the Tennessee SIP contains provisions
that ensure the 2012 Annual PM2.5 NAAQS is implemented,
enforced, and maintained in Tennessee. EPA is finalizing its
determination that Tennessee's infrastructure SIP submission, provided
to EPA on December 16, 2015, satisfies certain required infrastructure
elements for the 2012 Annual PM2.5 NAAQS.
DATES: This rule will be effective June 9, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0430. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs 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. States were required to submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.
In a proposed rulemaking published on January 9, 2017 (82 FR 2295),
EPA proposed to approve portions of Tennessee's December 16, 2015, SIP
submission for the 2012 Annual PM2.5 NAAQS. The details of
Tennessee's
[[Page 21707]]
submission and the rationale for EPA's actions for this final rule are
explained in the January 9, 2017 proposed rulemaking. Comments on the
proposed rulemaking were due on or before February 8, 2017. EPA
received no comments.
II. Final Action
EPA is taking final action to approve Tennessee's infrastructure
submissions submitted on December 16, 2015, for the 2012 Annual
PM2.5 NAAQS for the infrastructure SIP requirements, with
the exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (I) (prongs 1, 2 and 4). EPA notes that the
Agency is not approving any specific rule, but rather approving that
Tennessee's already approved SIP meets certain CAA requirements. With
respect to the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (I) (prongs 1, 2 and 4), EPA will consider these
requirements in relation to Tennessee's 2012 Annual PM2.5
NAAQS infrastructure submission in a separate rulemaking. EPA is taking
final action to approve all other elements of Tennessee's
infrastructure SIP submissions for the 2012 Annual PM2.5
NAAQS because the submission is consistent with section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 10, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: April 17, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2220(e), is amended by adding entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 21708]]
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee........... 11/19/2015 5/10/2017, [Insert With the exception
Requirements for the 2012 citation of of interstate
Annual PM2.5 NAAQS. publication]. transport
requirements of
section
110(a)(2)(D)(i)(I)
and (II) (prongs
1, 2 and 4).
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[FR Doc. 2017-09390 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P