Approval and Promulgation of Implementation Plans; Tennessee; 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 42997-43000 [2012-17644]
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
tight-fitting face-piece (either half-face
or full-face) and HEPA filters; or
(E) NIOSH-certified supplied-air
respirator operated in pressure demand
or continuous flow mode and equipped
with a hood or helmet, or tight-fitting
face-piece (either half-face or full-face).
(1) As an alternative to the respiratory
requirements listed in paragraph
(a)(2)(i), a manufacturer, importer, or
processor may choose to follow the new
chemical exposure limit (NCEL)
provisions listed in the TSCA section
5(e) consent order for this substance.
The NCEL is 2.4 mg/m3 as an 8-hour
time-weighted-average for this
substance (PMN P–06–37; CAS No.
389623–07–8) and the substance
referred to in 40 CFR 721.10230 (PMN
P–06–36; CAS No. 389623–01–2)
combined. Persons who wish to pursue
NCELs as an alternative to the § 721.63
respirator requirements may request to
do so under § 721.30. Persons whose
§ 721.30 requests to use the NCELs
approach are approved by EPA will
receive NCELs provisions comparable to
those contained in the corresponding
section 5(e) consent order.
(2) [Reserved]
(ii) Hazard communication program.
Requirements as specified in
§ 721.72(a), (b), (c), (d), (e)
(concentration set at 1.0 percent), (f),
(g)(1)(ii), (g)(2)(ii), (g)(2)(iv) (use
respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 2.4 mg/m3), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (manufacture of
the substance with a particle size less
than 100 nanometers, where d10
particle size presents the particle size,
as determined by laser light scattering,
at which 10 percent by weight of the
substance measured is smaller).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (d), (f), (g), (h), and
(i) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
[FR Doc. 2012–17895 Filed 7–20–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0353; FRL–9699–5]
Approval and Promulgation of
Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve in part, and conditionally
approve in part, the State
Implementation Plan (SIP) submission,
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
to demonstrate that the State meets the
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA or Act) for
the 1997 8-hour ozone national ambient
air quality standards (NAAQS). Section
110(a) of 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. TDEC certified that
the Tennessee SIP contains provisions
that ensure the 1997 8-hour ozone
NAAQS are implemented, enforced, and
maintained in Tennessee (hereafter
referred to as ‘‘infrastructure
submission’’). With the exception of
sub-element 110(a)(2)(E)(ii), which
pertains to the requirements of section
128(a)(1) of the CAA, Tennessee’s
infrastructure submission, provided to
EPA on December 14, 2007, addresses
all the required infrastructure elements
for the 1997 8-hour ozone NAAQS.
DATES: Effective Date: This rule will be
effective August 22, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2011–0353. 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
SUMMARY:
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42997
the Regulatory Development Section,
Air Planning 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 to 4:30
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affects the content of the
submission. The contents of such SIP
submissions may also vary depending
upon what provisions the state’s
existing SIP already contains. In the
case of the 1997 8-hour ozone NAAQS,
states typically have met the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous ozone NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
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requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
already mentioned, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. The requirements that are
the subject of this final rulemaking are
listed below 1 and in EPA’s October 2,
2007, memorandum entitled ‘‘Guidance
on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8Hour Ozone and PM2.5 National
Ambient Air Quality Standards.’’
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (1)
submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements
of part D, Title I of the CAA. Today’s final
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or (C). In a
March 14, 2012, final rulemaking, EPA addressed
the section 110(a)(2)(C) requirements for Tennessee.
See 77 FR 14976.
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s final rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997 8hour ozone NAAQS. Interstate transport
requirements were formerly addressed by
Tennessee consistent with the Clean Air Interstate
Rule (CAIR). On December 23, 2008, CAIR was
remanded by the D.C. Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina
v. EPA, 531 F.3d 896 (D.C. Cir. 2008). Prior to this
remand, EPA took final action to approve
Tennessee’s SIP revision, which was submitted to
comply with CAIR. See 72 FR 46388 (August 20,
2007). In so doing, Tennessee’s CAIR SIP revision
addressed the interstate transport provisions in
section 110(a)(2)(D)(i) for the 1997 8-hour ozone
NAAQS. In response to the remand of CAIR, EPA
has promulgated a new rule to address interstate
transport. See 76 FR 48208 (August 8, 2011) (‘‘the
Transport Rule’’). That rule was recently stayed by
the D.C. Circuit Court of Appeals. EPA’s action on
element 110(a)(2)(D)(i) will be addressed in a
separate action.
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• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
On July 18, 1997, EPA promulgated a
new NAAQS for ozone based on 8-hour
average concentrations, thus states were
required to provide submissions to
address sections 110(a)(1) and (2) of the
CAA for this new NAAQS. Tennessee
provided its infrastructure submission
for the 1997 8-hour ozone NAAQS on
December 14, 2007. On March 27, 2008,
Tennessee was among other states that
received a finding of failure to submit
because its infrastructure submission
was deemed incomplete for elements
110(a)(2)(C) and (J) for the 1997 8-hour
ozone NAAQS by March 1, 2008. See 73
FR 16205. Infrastructure elements
110(a)(2)(C) and (J) relate to a SIP
addressing changes to its part C
prevention of significant deterioration
(PSD) permit program as required by the
1997 8-Hour Ozone NAAQS
Implementation Rule New Source
Review (NSR) Update—Phase 2 Rule
(hereafter referred to as the Ozone
Implementation NSR Update)
recognizing nitrogen oxides as a
precursor for ozone in 40 CFR 51.166
and 40 CFR 52.21, among other
requirements. See 70 FR 71612,
(November 29, 2005). Tennessee has
since met the completeness
requirements for 110(a)(2)(C) and (J) and
these infrastructure elements were
federally approved on March 14, 2012.
See 77 FR 14976.
On April 16, 2012, EPA proposed to
approve Tennessee’s December 14,
2007, infrastructure submission and
proposed to approve in part, and
conditionally approve in part,
infrastructure sub-element
110(a)(2)(E)(ii) for the 1997 8-hour
ozone NAAQS. See 77 FR 22533. CAA
section 110(a)(2)(E)(ii), pertaining to
section 128 State Board requirements,
requires at subsection (a)(1) that each
SIP shall contain requirements that any
board or body which approves permits
or enforcement orders be subject to the
described public interest and income
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality
Standards,’’ but as mentioned above is not relevant
to today’s proposed rulemaking.
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restrictions. It further requires at
subsection (a)(2) that any board or body,
or the head of an executive agency with
similar power to approve permits or
enforcement orders under the CAA,
shall also be subject to conflict of
interest disclosure requirements. In this
action, EPA is taking two actions
regarding the section 110(a)(2)(E)(ii)
requirements. First, EPA is finalizing its
conditional approval for part of
Tennessee’s infrastructure SIP for
element 110(a)(2)(E)(ii) with respect to
the applicable section 128(a)(1)
requirements. Second, EPA is approving
the remaining part Tennessee’s
infrastructure SIP for element
110(a)(2)(E)(ii) with respect the
applicable section 128(a)(2)
requirements.
On March 28, 2012, Tennessee
submitted a letter of commitment to
EPA to adopt specific enforceable
measures related to 128(a)(1) to address
current deficiencies in the Tennessee
SIP as outlined in EPA’s April 16, 2012,
proposed rulemaking. This letter of
commitment meets the requirements of
section 110(k)(4) of the CAA. Failure to
adopt these provisions into the
Tennessee SIP within one year (by July
23, 2013) will result in today’s
conditional approval becoming a
disapproval. Tennessee’s March 28,
2012, letter can be accessed at
www.regulations.gov using Docket ID
No. EPA–R04–OAR–2011–0353. A
summary of the background for today’s
final action is provided below. See
EPA’s April 16, 2012, proposed
rulemaking at 77 FR 22533 for more
detail.
II. This Action
EPA is taking final action to approve
Tennessee’s infrastructure submission
as demonstrating that the State meets
the applicable requirements of sections
110(a)(1) and (2) of the CAA for the
1997 8-hour ozone NAAQS, with the
exception of one portion of CAA section
110(a)(2)(E)(ii) specifically pertaining to
section 128(a)(1) requirements. EPA is
taking final action to conditionally
approve, sub-element 110(a)(2)(E)(ii) as
it pertains to section 128(a)(1). Section
110(a) of the CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Tennessee,
through TDEC, certified that the
Tennessee SIP contains provisions that
ensure the 1997 8-hour ozone NAAQS
is implemented, enforced, and
maintained in Tennessee. EPA received
no adverse comments on its April 16,
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
2012, proposed approval of Tennessee’s
December 14, 2007, infrastructure
submission and proposed conditional
approval of one portion of section
110(a)(2)(E)(ii).
Tennessee’s infrastructure
submission, provided to EPA on
December 14, 2007, addresses all the
required infrastructure elements for the
1997 8-hour ozone NAAQS, with the
exception of CAA section
110(a)(2)(E)(ii), pertaining to section
128(a)(1) requirements. EPA has
determined that Tennessee’s December
14, 2007, submission is consistent with
section 110 of the CAA, with the
exception of the CAA section 128(a)(1)
requirements of section 110(a)(2)(E)(ii).
On March 28, 2012, Tennessee
submitted a letter of commitment to
EPA to adopt specific enforceable
measures related to CAA section
128(a)(1) to address the current
deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii) as
outlined in EPA’s April 16, 2012,
proposed rulemaking. As a result of
Tennessee’s March 28, 2012,
submission, EPA has determined that
conditional approval, specifically
pertaining to the requirements of
128(a)(1), is appropriate because the
State has explicitly committed to
address current deficiencies in the
Tennessee SIP related to sub-element
110(a)(2)(E)(ii) consistent with the
requirements of CAA section 110(k)(4).
EPA is conditionally approving the
March 28, 2012, submittal with respect
to the CAA requirement of sub-element
110(a)(2)(E)(ii) and section 128(a)(1).
Tennessee must submit to EPA by July
23, 2013, a SIP revision adopting
specific enforceable measures related to
CAA section 128(a)(1) as described in
the State’s letter of commitment
described above. If the State fails to
actually submit these revisions by July
23, 2013, today’s conditional approval
will automatically become a disapproval
on that date and EPA will issue a
finding of disapproval. EPA is not
required to propose the finding of
disapproval. If the conditional approval
is converted to a disapproval, the final
disapproval triggers the Federal
Implementation Plan requirement under
section 110(c). However, if the State
meets its commitment within the
applicable timeframe, the conditionally
approved submission will remain a part
of the SIP until EPA takes final action
approving or disapproving the new
submittal. If EPA disapproves the new
submittal, today’s conditionally
approved submittal will also be
disapproved at that time. If EPA
approves the new submittal,
Tennessee’s infrastructure SIP will be
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fully approved in its entirety and
replace the conditionally approved
element in the SIP.
III. Final Action
EPA is taking final action to approve
Tennessee’s December 14, 2007,
submission for the 1997 8-hour ozone
NAAQS and conditionally approve in
part, Tennessee’s March 28, 2012,
submission because these submissions
are consistent with section 110 of the
CAA. With the exception of section
110(a)(2)(E)(ii) pertaining to the section
128(a)(1) requirements, TDEC has
addressed the elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to EPA’s October 2, 2007,
guidance to ensure that the 1997 8-hour
ozone NAAQS are implemented,
enforced, and maintained in Tennessee.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
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• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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 September 21, 2012. 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Dated: June 25, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
§ 52.2219
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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 52.2219 is added to read as
follows:
■
Conditional approval.
Conditional Approval—Submittal
from the State of Tennessee, through the
Department of Environment and
Conservation (TDEC), dated December
14, 2007, to address the Clean Air Act
(CAA) infrastructure requirements for
the 1997 8-hour ozone National
Ambient Air Quality Standards. On
March 28, 2012, TDEC supplemented
their December 14, 2007, submission
with a commitment to address the
deficient requirements of CAA section
110(a)(2)(E)(ii) of the CAA, which
requires state compliance with section
128(a)(1) of the CAA. EPA is
conditionally approving Tennessee’s
submittal with respect to CAA section
110(a)(2)(E)(ii) specifically related to the
adoption of enforceable measures
contained in CAA section 128(a)(1).
■ 3. Section 52.2220(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 1997
8-Hour Ozone National Ambient Air
Quality Standards’’ at the end of the
table to read as follows:
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment area
State effective
date
*
*
*
110(a)(1) and (2) Infrastructure Requirements for the
1997 8-Hour Ozone National Ambient Air Quality
Standards.
*
Tennessee ........................
*
12/14/2007
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0042; FRL–9702–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Offset Lithographic Printing
and Letterpress Printing Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland. The
revision pertains to amendments to the
Code of Maryland (COMAR)
26.11.19.11, Lithographic and
Letterpress Printing. EPA is approving
the revision to meet the requirements to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) for offset lithographic
printing and letterpress printing in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
August 22, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0042. All
documents in the docket are listed in
the www.regulations.gov Web site.
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SUMMARY:
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Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
EPA approval date
*
7/23/2012 [Insert citation
of publication].
Explanation
*
information behind this SIP revision is
discussed in detail in the NPR.
II. Summary of SIP Revision
This SIP revision consists of
amendments to COMAR 26.11.19.11 to
adopt a new CTG for offset lithographic
printers and letterpress printers, entitled
Control Techniques Guidelines for
Offset Lithographic Printing and
Letterpress Printing (see EPA 453/R–06–
002). A detailed summary of EPA’s
review of and rationale for approving
this SIP revision may be found in the
TSD for this action which is available in
the docket. No public comments were
received on the NPR.
III. Final Action
EPA is approving the Maryland SIP
revision which adopts the CTG
standards for offset lithographic printing
and letterpress printing into the Code of
Maryland.
IV. Statutory and Executive Order
Reviews
I. Background
A. General Requirements
On May 14, 2012 (77 FR 28336), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of amendments to COMAR 26.11.19.11,
Lithographic and Letterpress Printing.
The amendments adopt EPA’s CTG for
lithographic and letterpress printing.
The formal SIP revision (#11–09) was
submitted by the Maryland Department
of the Environment (MDE) on December
15, 2011. Additional background
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
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]]>Agencies
[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 42997-43000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17644]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0353; FRL-9699-5]
Approval and Promulgation of Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve in part, and
conditionally approve in part, the State Implementation Plan (SIP)
submission, submitted by the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), to demonstrate that
the State meets the requirements of sections 110(a)(1) and (2) of the
Clean Air Act (CAA or Act) for the 1997 8-hour ozone national ambient
air quality standards (NAAQS). Section 110(a) of 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. TDEC certified that the
Tennessee SIP contains provisions that ensure the 1997 8-hour ozone
NAAQS are implemented, enforced, and maintained in Tennessee (hereafter
referred to as ``infrastructure submission''). With the exception of
sub-element 110(a)(2)(E)(ii), which pertains to the requirements of
section 128(a)(1) of the CAA, Tennessee's infrastructure submission,
provided to EPA on December 14, 2007, addresses all the required
infrastructure elements for the 1997 8-hour ozone NAAQS.
DATES: Effective Date: This rule will be effective August 22, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2011-0353. 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 Regulatory Development Section, Air Planning 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 to 4:30 excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9140. Ms. Ward can be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 8-hour ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous ozone
NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing
[[Page 42998]]
requirements for SIPs. Section 110(a)(2) lists specific elements that
states must meet for ``infrastructure'' SIP requirements related to a
newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.''
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\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or (C). In a March 14, 2012, final rulemaking, EPA
addressed the section 110(a)(2)(C) requirements for Tennessee. See
77 FR 14976.
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110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control
measures.\2\
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\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
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110(a)(2)(D): Interstate transport.\3\
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\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 8-hour ozone NAAQS. Interstate
transport requirements were formerly addressed by Tennessee
consistent with the Clean Air Interstate Rule (CAIR). On December
23, 2008, CAIR was remanded by the D.C. Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d
896 (D.C. Cir. 2008). Prior to this remand, EPA took final action to
approve Tennessee's SIP revision, which was submitted to comply with
CAIR. See 72 FR 46388 (August 20, 2007). In so doing, Tennessee's
CAIR SIP revision addressed the interstate transport provisions in
section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response
to the remand of CAIR, EPA has promulgated a new rule to address
interstate transport. See 76 FR 48208 (August 8, 2011) (``the
Transport Rule''). That rule was recently stayed by the D.C. Circuit
Court of Appeals. EPA's action on element 110(a)(2)(D)(i) will be
addressed in a separate action.
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110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
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\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's proposed rulemaking.
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110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
On July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-
hour average concentrations, thus states were required to provide
submissions to address sections 110(a)(1) and (2) of the CAA for this
new NAAQS. Tennessee provided its infrastructure submission for the
1997 8-hour ozone NAAQS on December 14, 2007. On March 27, 2008,
Tennessee was among other states that received a finding of failure to
submit because its infrastructure submission was deemed incomplete for
elements 110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS by March
1, 2008. See 73 FR 16205. Infrastructure elements 110(a)(2)(C) and (J)
relate to a SIP addressing changes to its part C prevention of
significant deterioration (PSD) permit program as required by the 1997
8-Hour Ozone NAAQS Implementation Rule New Source Review (NSR) Update--
Phase 2 Rule (hereafter referred to as the Ozone Implementation NSR
Update) recognizing nitrogen oxides as a precursor for ozone in 40 CFR
51.166 and 40 CFR 52.21, among other requirements. See 70 FR 71612,
(November 29, 2005). Tennessee has since met the completeness
requirements for 110(a)(2)(C) and (J) and these infrastructure elements
were federally approved on March 14, 2012. See 77 FR 14976.
On April 16, 2012, EPA proposed to approve Tennessee's December 14,
2007, infrastructure submission and proposed to approve in part, and
conditionally approve in part, infrastructure sub-element
110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS. See 77 FR 22533. CAA
section 110(a)(2)(E)(ii), pertaining to section 128 State Board
requirements, requires at subsection (a)(1) that each SIP shall contain
requirements that any board or body which approves permits or
enforcement orders be subject to the described public interest and
income restrictions. It further requires at subsection (a)(2) that any
board or body, or the head of an executive agency with similar power to
approve permits or enforcement orders under the CAA, shall also be
subject to conflict of interest disclosure requirements. In this
action, EPA is taking two actions regarding the section
110(a)(2)(E)(ii) requirements. First, EPA is finalizing its conditional
approval for part of Tennessee's infrastructure SIP for element
110(a)(2)(E)(ii) with respect to the applicable section 128(a)(1)
requirements. Second, EPA is approving the remaining part Tennessee's
infrastructure SIP for element 110(a)(2)(E)(ii) with respect the
applicable section 128(a)(2) requirements.
On March 28, 2012, Tennessee submitted a letter of commitment to
EPA to adopt specific enforceable measures related to 128(a)(1) to
address current deficiencies in the Tennessee SIP as outlined in EPA's
April 16, 2012, proposed rulemaking. This letter of commitment meets
the requirements of section 110(k)(4) of the CAA. Failure to adopt
these provisions into the Tennessee SIP within one year (by July 23,
2013) will result in today's conditional approval becoming a
disapproval. Tennessee's March 28, 2012, letter can be accessed at
www.regulations.gov using Docket ID No. EPA-R04-OAR-2011-0353. A
summary of the background for today's final action is provided below.
See EPA's April 16, 2012, proposed rulemaking at 77 FR 22533 for more
detail.
II. This Action
EPA is taking final action to approve Tennessee's infrastructure
submission as demonstrating that the State meets the applicable
requirements of sections 110(a)(1) and (2) of the CAA for the 1997 8-
hour ozone NAAQS, with the exception of one portion of CAA section
110(a)(2)(E)(ii) specifically pertaining to section 128(a)(1)
requirements. EPA is taking final action to conditionally approve, sub-
element 110(a)(2)(E)(ii) as it pertains to section 128(a)(1). Section
110(a) of the CAA requires that each state adopt and submit a SIP for
the implementation, maintenance, and enforcement of each NAAQS
promulgated by the EPA, which is commonly referred to as an
``infrastructure'' SIP. Tennessee, through TDEC, certified that the
Tennessee SIP contains provisions that ensure the 1997 8-hour ozone
NAAQS is implemented, enforced, and maintained in Tennessee. EPA
received no adverse comments on its April 16,
[[Page 42999]]
2012, proposed approval of Tennessee's December 14, 2007,
infrastructure submission and proposed conditional approval of one
portion of section 110(a)(2)(E)(ii).
Tennessee's infrastructure submission, provided to EPA on December
14, 2007, addresses all the required infrastructure elements for the
1997 8-hour ozone NAAQS, with the exception of CAA section
110(a)(2)(E)(ii), pertaining to section 128(a)(1) requirements. EPA has
determined that Tennessee's December 14, 2007, submission is consistent
with section 110 of the CAA, with the exception of the CAA section
128(a)(1) requirements of section 110(a)(2)(E)(ii).
On March 28, 2012, Tennessee submitted a letter of commitment to
EPA to adopt specific enforceable measures related to CAA section
128(a)(1) to address the current deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii) as outlined in EPA's April 16,
2012, proposed rulemaking. As a result of Tennessee's March 28, 2012,
submission, EPA has determined that conditional approval, specifically
pertaining to the requirements of 128(a)(1), is appropriate because the
State has explicitly committed to address current deficiencies in the
Tennessee SIP related to sub-element 110(a)(2)(E)(ii) consistent with
the requirements of CAA section 110(k)(4).
EPA is conditionally approving the March 28, 2012, submittal with
respect to the CAA requirement of sub-element 110(a)(2)(E)(ii) and
section 128(a)(1). Tennessee must submit to EPA by July 23, 2013, a SIP
revision adopting specific enforceable measures related to CAA section
128(a)(1) as described in the State's letter of commitment described
above. If the State fails to actually submit these revisions by July
23, 2013, today's conditional approval will automatically become a
disapproval on that date and EPA will issue a finding of disapproval.
EPA is not required to propose the finding of disapproval. If the
conditional approval is converted to a disapproval, the final
disapproval triggers the Federal Implementation Plan requirement under
section 110(c). However, if the State meets its commitment within the
applicable timeframe, the conditionally approved submission will remain
a part of the SIP until EPA takes final action approving or
disapproving the new submittal. If EPA disapproves the new submittal,
today's conditionally approved submittal will also be disapproved at
that time. If EPA approves the new submittal, Tennessee's
infrastructure SIP will be fully approved in its entirety and replace
the conditionally approved element in the SIP.
III. Final Action
EPA is taking final action to approve Tennessee's December 14,
2007, submission for the 1997 8-hour ozone NAAQS and conditionally
approve in part, Tennessee's March 28, 2012, submission because these
submissions are consistent with section 110 of the CAA. With the
exception of section 110(a)(2)(E)(ii) pertaining to the section
128(a)(1) requirements, TDEC has addressed the elements of the CAA
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007,
guidance to ensure that the 1997 8-hour ozone NAAQS are implemented,
enforced, and maintained in Tennessee.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not 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 September 21, 2012. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 43000]]
Dated: June 25, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 52.2219 is added to read as follows:
Sec. 52.2219 Conditional approval.
Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
December 14, 2007, to address the Clean Air Act (CAA) infrastructure
requirements for the 1997 8-hour ozone National Ambient Air Quality
Standards. On March 28, 2012, TDEC supplemented their December 14,
2007, submission with a commitment to address the deficient
requirements of CAA section 110(a)(2)(E)(ii) of the CAA, which requires
state compliance with section 128(a)(1) of the CAA. EPA is
conditionally approving Tennessee's submittal with respect to CAA
section 110(a)(2)(E)(ii) specifically related to the adoption of
enforceable measures contained in CAA section 128(a)(1).
0
3. Section 52.2220(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 1997 8-Hour Ozone National
Ambient Air Quality Standards'' 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 nonregulatory SIP geographic or State effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee.......... 12/14/2007 7/23/2012 [Insert ...................
Requirements for the 1997 8- citation of
Hour Ozone National Ambient Air publication].
Quality Standards.
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[FR Doc. 2012-17644 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P
