Approval and Promulgation of Implementation Plans; Tennessee: Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter (PM2.5, 44481-44485 [2012-18393]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
The Department believes that this
regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Paperwork Reduction Act of 1995:
The Paperwork Reduction Act of 1995
does not require you to respond to a
collection of information unless it
displays a valid OMB control number.
The collection of information is
approved under OMB control number
1855–0026.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive Order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
Order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to either of the program contact
persons listed under FOR FURTHER
INFORMATION CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: July 25, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. 2012–18573 Filed 7–27–12; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0080; FRL–9704–7]
Approval and Promulgation of
Implementation Plans; Tennessee:
Prevention of Significant Deterioration
and Nonattainment New Source
Review; Fine Particulate Matter (PM2.5)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the Tennessee State
Implementation Plan (SIP), submitted
by the Tennessee Department of
Environment and Conservation (TDEC)
through the Division of Air Pollution
Control to EPA on July 29, 2011. The
July 29, 2011, SIP revision modifies
Tennessee’s New Source Review (NSR)
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NNSR) programs. Tennessee’s
July 29, 2011, SIP revision proposes to
incorporate, into the Tennessee SIP,
NSR provisions for PM2.5 as amended in
EPA’s 2008 NSR PM2.5 Implementation
Rule. Also, Tennessee’s July 29, 2011,
SIP revision makes a corrective and
clarifying administrative change to rule
1200–03–09–.01. EPA is approving
Tennessee’s July 29, 2011, SIP revision
because it is consistent with the Clean
Air Act (CAA or Act) and EPA
regulations regarding NSR permitting.
DATES: Effective Date: This rule will be
effective August 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0080. 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.
SUMMARY:
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
44481
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 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Tennessee
SIP, contact Ms. Twunjala Bradley,
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. Ms.
Bradley’s telephone number is (404)
562–9352; email address:
bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms.
Yolanda Adams, Air Permits Section, at
the same address above. Ms. Adams’
telephone number is (404) 562–9214;
email address: adams.yolanda@epa.gov.
For information regarding the PM2.5
NAAQS, contact Mr. Joel Huey,
Regulatory Development Section, at the
same address above. Mr. Huey’s
telephone number is (404) 562–9104;
email address: huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action on
Tennessee’s July 29, 2011, SIP revision
to adopt rules equivalent to federal
requirements for NSR permitting.1
Tennessee’s July 29, 2011, SIP revision
includes changes to Tennessee’s Air
Quality Regulations, Chapter 1200–03–
09—Construction and Operating
Permits, Rule Number .01—
Construction Permits, to adopt federal
PSD and NNSR promulgated in the rule
entitled ‘‘Implementation of the New
Source Review (NSR) Program for
Particulate Matter Less than 2.5
Micrometers (PM2.5), ’’ Final Rule, 73 FR
1 Tennessee’s July 29, 2011, SIP revision also
contains changes to Tennessee Chapter 1200–03–
26—Administrative Fees Schedule provisions. EPA
is not proposing action on this part of the submittal
as these provisions are not part of the federallyapproved Tennessee SIP.
E:\FR\FM\30JYR1.SGM
30JYR1
44482
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
28321 (May 16, 2008), hereafter referred
to as the ‘‘NSR PM2.5 Rule.’’ Also,
Tennessee’s July 29, 2011, SIP revision
includes clarifying changes to rule
1200–03–09–.01.
On June 11, 2012, EPA published a
proposed rulemaking to approve the
aforementioned changes to Tennessee’s
NSR PSD program. See 77 FR 34302.
Comments on the proposed rulemaking
were due on or before July 11, 2012. No
comments, adverse or otherwise, were
received on EPA’s June 11, 2012
proposed rulemaking. Pursuant to
section 110 of the CAA, EPA is now
taking final action to approve the
changes to Tennessee’s NSR PSD
program as provided in EPA’s June 11,
2012, proposed rulemaking. A summary
of the background for today’s final
action is provided below. For more
detail, please refer to EPA’s proposed
rulemaking at 77 FR 34302.
tkelley on DSK3SPTVN1PROD with RULES
A. NSR PM2.5 Rule
EPA finalized a rule on May 16, 2008,
that revised the NSR program
requirements to establish the framework
for implementing preconstruction
permit review for the PM2.5 NAAQS in
both attainment and nonattainment
areas. Specifically, the NSR PM2.5 Rule
established the following NSR
requirements to implement the PM2.5
NAAQS: (1) Require NSR permits to
address directly emitted PM2.5 and
precursor pollutants; (2) establish
significant emission rates for direct
PM2.5 and precursor pollutants
(including sulfur dioxide (SO2) and
nitrogen oxides (NOX)); (3) establish
PM2.5 emission offsets; (4) provide
exceptions to inhalable particles smaller
than or equal to 10 micrometers in
diameter) (PM10) grandfather policy; and
(5) require states to account for gases
that condense to form particles
(condensables) in PM2.5 and PM10
emission limits in PSD or
nonattainment NSR permits.
Additionally, the NSR PM2.5 Rule
authorized states to adopt provisions in
their nonattainment NSR rules that
would allow interpollutant offset
trading. See 73 FR 28321. States were
required to provide SIP submissions to
address the requirements for the NSR
PM2.5 Rule by May 16, 2011.
Tennessee’s July 29, 2011, SIP revision
addresses the PSD and NNSR
requirements related to EPA’s May 16,
2008, NSR PM2.5 Rule.
1. PM10 Surrogate and Grandfathering
Policy
In the NSR PM2.5 Rule, EPA required
that major stationary sources seeking
permits must begin directly satisfying
the PM2.5 requirements, as of the
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
effective date of the rule, rather than
relying on PM10 as a surrogate, with two
exceptions.2 The first exception is a
‘‘grandfathering’’ provision in the
federal PSD program at 40 CFR
52.21(i)(1)(xi). This grandfathering
provision applied to sources that had
applied for, but had not yet received, a
final and effective PSD permit before the
July 15, 2008, effective date of the May
2008 final rule. The second exception
was that states with SIP-approved PSD
programs could continue to implement
the Seitz Memo’s PM10 Surrogate Policy
for up to three years (until May 2011)
or until the individual revised state PSD
programs for PM2.5 are approved by
EPA, whichever comes first. On May 18,
2011 (76 FR 28646), EPA took final
action to repeal the PM2.5 grandfathering
provision at 40 CFR 52.21(i)(1)(xi). This
final action ended the use of the 1997
PM10 Surrogate Policy for PSD permits
under the federal PSD program at 40
CFR 52.21. In effect, any PSD permit
applicant previously covered by the
grandfathering provision (for sources
that completed and submitted a permit
application before July 15, 2008) 3 that
did not have a final and effective PSD
permit before the effective date of the
repeal will not be able to rely on the
1997 PM10 Surrogate Policy to satisfy
the PSD requirements for PM2.5 unless
the application includes a valid
surrogacy demonstration. See 76 FR
28646. In its July 29, 2011, SIP revision,
Tennessee elected not to adopt the
grandfathering provision at 40 CFR
52.21(i)(1)(xi), into its PSD regulations.
Therefore, Tennessee’s July 29, 2011,
SIP revision is consistent with federal
regulations since it does not contain the
repealed grandfathering provision.
2. ‘‘Condensable’’ Provision
In the NSR PM2.5 Rule, EPA revised
the definition of ‘‘regulated NSR
pollutant’’ for PSD to add a paragraph
providing that ‘‘particulate matter (PM)
emissions, PM2.5 emissions and PM10
emissions’’ shall include gaseous
emissions from a source or activity
which condense to form particulate
matter at ambient temperatures and that
on or after January 1, 2011, such
2 After EPA promulgated the NAAQS for PM
2.5 in
1997, the Agency issued guidance documents
related to using PM10 as a surrogate for PM2.5
entitled ‘‘Interim Implementation of New Source
Review Requirements for PM2.5.’’ John S. Seitz,
EPA, October 23, 1997 (the ‘‘Seitz memo’’) and
‘‘Implementation of New Source Review
Requirements in PM–2.5 Nonattainment Areas’’ (the
‘‘2005 PM2.5 Nonattainment NSR Guidance’’).
3 Sources that applied for a PSD permit under the
federal PSD program on or after July 15, 2008, are
already excluded from using the 1997 PM10
Surrogate Policy as a means of satisfying the PSD
requirements for PM2.5. See 76 FR 28321.
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
condensable particulate matter shall be
accounted for in applicability
determinations and in establishing
emissions limitations for PM, PM2.5 and
PM10 in permits issued. See 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(vi) and
‘‘Emissions Offset Interpretative Ruling’’
(40 CFR Part 51, Appendix S). On
March 16, 2012,4 EPA proposed a
rulemaking to amend the definition of
‘‘regulated NSR pollutant’’ promulgated
in the NSR PM2.5 Rule regarding the PM
condensable provision at 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(i) and
EPA’s Emissions Offset Interpretative
Ruling. See 77 FR 15656. The
rulemaking proposes to remove the
inadvertent requirement in the NSR
PM2.5 Rule that the measurement of
condensable ‘‘particulate matter
emissions’’ be included as part of the
measurement and regulation of
‘‘particulate matter emissions.’’ 5
Tennessee’s July 29, 2011, SIP revision
adopts EPA’s definition for regulated
NSR pollutant for condensables (at 40
CFR 51.166(b)(49)(vi)), including the
term ‘‘particulate matter emissions,’’ as
promulgated in the NSR PM2.5 Rule.
On May 1, 2012, the State of
Tennessee provided a letter to EPA with
clarification of the State’s intent in light
of EPA’s March 12, 2012, proposed
rulemaking. Specifically, in that letter,
the State of Tennessee requested that
EPA not approve the term ‘‘particulate
matter emissions’’ (at rule 1200–03–09–
.01(4)(b)47(vi)) as part of the definition
for ‘‘regulated NSR pollutant’’ regarding
the inclusion of condensable emissions
in applicability determinations and in
establishing emissions limitations for
PM.
3. Interpollutant Trading
The NSR PM2.5 final Rule authorized
states to adopt provisions in their NNSR
rules that would allow major stationary
sources and major modifications located
in areas designated nonattainment for
PM2.5 to offset emissions increases of
direct PM2.5 emissions or PM2.5
precursors with reductions of either
direct PM2.5 emissions or PM2.5
precursors in accordance with offset
4 In EPA’s June 11, 2012, proposed rulemaking,
EPA cited March 12, 2012, as the publication date
for the particulate matter emissions correction
notice. The correct publication date is March 16,
2012.
5 The term ‘‘particulate matter emissions’’
includes particles that are larger than PM2.5 and
PM10 and is an indicator measured under various
New Source Performance Standards (NSPS) (40 CFR
part 60). In addition to the NSPS for PM, it is noted
that states have regulated ‘‘particulate matter
emissions’’ for many years in their SIPs for PM, and
the same indicator has been used as a surrogate for
determining compliance with certain standards
contained in 40 CFR part 63, regarding National
Emission Standards for Hazardous Air Pollutants.
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
ratios contained in the approved SIP for
the applicable nonattainment area. The
inclusion, in whole or in part, of the
interpollutant trading offset provisions
for PM2.5 is discretionary on the part of
the states. In the preamble to the NSR
PM2.5 Rule, EPA included preferred or
presumptive offset ratios, applicable to
specific PM2.5 precursors, that states
may adopt in conjunction with the new
interpollutant trading offset provisions
for PM2.5, and for which the state could
rely on the EPA’s technical work to
demonstrate the adequacy of the ratios
for use in any PM2.5 nonattainment
area.6
The preferred ratios were
subsequently the subject of a petition for
reconsideration which the EPA
Administrator granted in 2009. As a
result of the reconsideration, on July 21,
2011, EPA issued a memorandum
entitled ‘‘Revised Policy to Address
Reconsideration of Interpollutant
Trading Provisions for Fine Particles
(PM2.5)’’ (hereafter referred to as the
‘‘Interpollutant Trading
Memorandum’’). The Interpollutant
Trading Memorandum indicated that
the existing preferred offset ratios are no
longer considered presumptively
approvable and that any precursor offset
ratio submitted as part of the NSR SIP
for a PM2.5 nonattainment area must be
accompanied by a technical
demonstration showing the net air
quality benefits of such ratio for the
PM2.5 nonattainment area in which it
will be applied. Tennessee’s July 29,
2011, SIP revision adopts the
interpollutant policy but not the
preferred trading ratios established in
the NSR PM2.5 Rule.
II. This Action
Tennessee’s July 29, 2011, SIP
revision adopts NSR PM2.5 Rule
provisions into the Tennessee SIP at
Chapter 12000–03–09 including: (1)
Requirement for NSR permits to address
directly emitted PM2.5 and precursor
pollutants; (2) significant emission rates
for direct PM2.5 and precursor pollutants
(SO2 and NOX); (3) PSD and NNSR
requirements of states to address
condensable PM in establishing
enforceable emission limits for PM10 or
PM2.5; (4) PM2.5 emission offsets; and (5)
optional interpollutant trading
provision set forth at 40 CFR
51.165(a)(11). These amendments to the
Tennessee rules became state-effective
June 27, 2011. Specifically, the SIP
6 Alternatively, the preamble indicated that states
may adopt their own ratios, subject to EPA’s
approval, that would have to be substantiated by
modeling or other technical demonstrations of the
net air quality benefit for ambient PM2.5
concentrations.
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
revision establishes that the State’s
existing NSR permitting program
requirements for PSD and NNSR apply
to the PM2.5 NAAQS and its precursors;
revise the definitions of ‘‘significant’’ at
1200–03–09–.01(4)(b)24(i) and
(5)(b)1(x)(I) to establish significant
emission rates for direct PM2.5 and PM2.5
precursors for major modifications at
existing sources (as amended at 40 CFR
51.165(a)(1)(x)(A) and 51.166(b)(23)(i));
revise the term ‘‘regulated NSR
pollutant’’ at 1200–03–09–.01(4)(b)47
and (5)(b)1(xlix) to include PM2.5,
recognize PM2.5 precursors and include
the requirement that condensable
emissions be accounted for in
applicability determinations and in
establishing emissions limitations for
PM (as amended at 40 CFR
51.165(a)(1)(xxxvii)(C) and
51.166(b)(49)); and adopt NNSR
emission offsets (a ratio of 1:1) for direct
PM2.5 at 1200–03–09–.01(5)2(v) (as
amended at 40 CFR 51.165(a)(9)).
Additionally, Tennessee’s July 29,
2011, SIP revision does not include the
grandfathering provision at 40 CFR
52.21(i)(1)(ix) promulgated in the NSR
PM2.5 Rule. Therefore, Tennessee’s July
29, 2011, SIP revision is consistent with
federal regulations. The July 29, 2011,
SIP revision adopts the elective
interpollutant trading provision policy
at 1200–03–09(5)(b)2.(v)(XV) set forth at
40 CFR 51.165(a)(11) for the purpose of
offsets under the PM2.5 NNSR program.
Pursuant to EPA’s July 21, 2011,
Interpollutant Trading Memorandum,
the preferred precursor offset ratios
included in the preamble to the NSR
PM2.5 Rule are no longer considered
presumptively approvable. Therefore,
any precursor offset ratio submitted to
EPA for approval as part of the NSR SIP
for a PM2.5 nonattainment area must be
accompanied by a technical
demonstration showing the suitability of
the ratios for that particular
nonattainment area. Tennessee’s
adoption of the interpollutant trading
policy and not the trading ratios does
not in any way allow a major stationary
source or major modification in the
State to obtain offsets through
interpollutant trading, nor does it affect
the approvability of Tennessee’s July 29,
2011, SIP revision.7
7 If a major stationary source or source with a
major modification in Tennessee requests to obtain
offsets through interpollutant trading, the State of
Tennessee would first be required, consistent with
the requirements of section 51.165(a)(11), to revise
its SIP to adopt appropriate trading ratios.
Tennessee would need to submit to EPA a technical
demonstration showing how either the preferred
ratios established in the NSR PM2.5 Rule or the
State’s own ratios are appropriate for the State’s
particular PM2.5 nonattainment as well as a revision
to the NSR program adopting the ratios into the SIP.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
44483
Regarding the condensable provision,
in light of Tennessee request in its May
1, 2012, letter and EPA’s intention to
amend the definition of ‘‘regulated NSR
pollutant’’ as discussed in the correction
rulemaking,8 EPA is not taking action to
approve the terminology ‘‘particulate
matter emissions’’ into the Tennessee
SIP (at 1200–03–09–.01(4)(b)47(vi)) for
the condensable provision in the
definition of ‘‘regulated NSR pollutant.’’
EPA is, however, taking final action to
approve into the Tennessee SIP at 1200–
03–09–.01(4)(b)47(vi) the remaining
condensable requirement at 40 CFR
51.166(b)(49)(vi), which requires that
condensable emissions be accounted for
in applicability determinations and in
establishing emissions limitations for
PM2.5 and PM10.
TDEC’s July 29, 2011, SIP revision
also makes an administrative change to
Chapter 1200–03–09 for PSD and NNSR
including removing the sentence ‘‘For
example, if a project involves both an
existing emissions unit and a Clean
Unit, the projected increase is
determined by summing the values
determined using the method specified
in paragraph (a)(7)(iv)(c) of this section
for the existing unit and determined
using the method specified in paragraph
(a)(7)(iv)(e) of this section for the Clean
Unit.’’ from the State’s hybrid test
applicability provision at 1200–03–09–
.01(4)(c)4(vi) and 1200–03–09–
.01(5)(b)2(xvii). Tennessee proposed
this change to be consistent with federal
language amended in the June 13, 2007,
final rulemaking regarding the vacated
portions of the 2002 NSR Reform Rule.9
See 72 FR 32526. This final action
approves the aforementioned SIP
amendments into Tennessee’s SIP to
provide for the implementation of PM2.5
NAAQS in the State’s NSR permitting
program.
EPA would then have to approve the demonstration
and ratios into the Tennessee SIP prior to any major
stationary source or major modification obtaining
offsets through the interpollutant trading policy.
8 On March 16, 2012, EPA proposed to correct the
inadvertent inclusion of ‘‘particulate matter
emissions’’ in the definition of ‘‘regulated NSR
pollutant’’ as an indicator for which condensable
emissions must be addressed. See 77 FR 75656. The
comment period for this proposed rulemaking
ended May 15, 2012.
9 On June 13, 2007, EPA took final action to revise
the 2002 NSR Reform Rules to remove from federal
law all provisions pertaining to clean units and the
pollution control projects exemption that were
vacated by the United States Court of Appeals for
the District of Columbia Rule. New York v. United
States, 413 F.3d 3 (D.C. Cir. 2005). See 72 FR 32526.
EPA’s efforts to remove the vacated provisions
included removing the language from the hybrid
test applicability provision at 40 CFR
51.166(a)(7)(iv)(f), 51.165(f)(6) and 52.21(a)(2)(iv)(f).
E:\FR\FM\30JYR1.SGM
30JYR1
44484
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
III. Final Action
Pursuant to section 110 of the CAA,
EPA is taking final action to approve
Tennessee’s July 29, 2011, SIP revisions
adopting federal regulations amended in
the NSR PM2.5 Rule to implement the
PM2.5 NAAQS for the NSR program.
EPA is also taking final action to
approve corrective and clarifying
administrative changes to Tennessee’s
regulations because they are consistent
with section 110 of the CAA and its
implementing regulations.
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 28, 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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 16, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Therefore, 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.
2. Section 52.2220(c) is amended
under Chapter 1200–3–9 by revising the
entry for ‘‘Section 1200–3–9–.01’’ to
read as follows:
■
§ 52.2220
*
Identification of plan
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State citation
Title/subject
*
State effective
date
*
EPA approval date
*
*
Chapter 1200–3–9
tkelley on DSK3SPTVN1PROD with RULES
Section 1200–
3–9–.01.
VerDate Mar<15>2010
Construction
Permits.
15:44 Jul 27, 2012
6/27/11
Jkt 226001
PO 00000
*
*
*
Construction and Operating Permits
7/30/12 [Insert citation of
publication].
Frm 00056
Explanation
Fmt 4700
Sfmt 4700
EPA is approving Tennessee’s July 29, 2011, SIP revisions to
Chapter 1200–3–9–.01 with the exception of the term ‘‘particulate matter emissions’’ at 1200–03–09–.01(4)(b)47(vi) as
part of the definition for ‘‘regulated NSR pollutant’’ regarding
the inclusion of condensable emissions in applicability determinations and in establishing emissions limitations.
EPA is approving Tennessee’s May 28, 2009, SIP revisions to
Chapter 1200–3–9–.01 with the exception of the ‘‘baseline
actual emissions’’ calculation revision found at 1200–3–9–
.01(4)(b)45(i)(III), (4)(b)45(ii)(IV), (5)(b)1(xlvii)(I)(III) and
(5)(b)1(xlvii)(II)(IV) of the submittal.
E:\FR\FM\30JYR1.SGM
30JYR1
44485
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS—Continued
State citation
Title/subject
*
*
*
State effective
date
*
*
*
*
*
[FR Doc. 2012–18393 Filed 7–27–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0809; FRL–9705–2]
Approval and Promulgation of
Implementation Plans; Florida;
Sections 128 and 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 disapprove in part,
the State Implementation Plan (SIP)
submissions, submitted by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP) on
December 13, 2007, and supplemented
on April 18, 2008 and May 24, 2012, 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. FDEP certified that
the Florida SIP contains provisions that
ensure the 1997 8-hour ozone NAAQS
are implemented, enforced, and
maintained in Florida (hereafter referred
to as ‘‘infrastructure submission’’). EPA
is now taking three related actions on
FDEP’s infrastructure submissions for
Florida. First, EPA is taking final action
to disapprove in part portions of
sections 110(a)(2)(C) and 110(a)(2)(J) of
the December 13, 2007, submittal as it
relates to the regulation of greenhouse
gas (GHG) emissions. Second, EPA is
taking final action to approve FDEP’s
May 24, 2012, submission, which
addresses the substantive requirements
of section 128 relating to State board
requirements as applicable to the
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:44 Jul 27, 2012
EPA approval date
Jkt 226001
*
Explanation
*
infrastructure SIP pursuant to section
110(a)(2)(E)(ii), and the substantive
requirements of section 110(a)(2)(G),
which relates to the authority to
implement emergency powers under
section 303 of the CAA. Third, and with
the exception of the aforementioned
portions of sections 110(a)(2)(C) and (J),
EPA is finalizing its determination that
Florida’s infrastructure submission,
provided to EPA on December 13, 2007,
supplemented on April 18, 2008,
addresses all other required
infrastructure elements for the 1997
8-hour ozone NAAQS.
DATES: Effective Date: This rule will be
effective August 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2011–0809. 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:
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
*
*
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
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,
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
E:\FR\FM\30JYR1.SGM
Continued
30JYR1
]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44481-44485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18393]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0080; FRL-9704-7]
Approval and Promulgation of Implementation Plans; Tennessee:
Prevention of Significant Deterioration and Nonattainment New Source
Review; Fine Particulate Matter (PM2.5)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve changes to the Tennessee
State Implementation Plan (SIP), submitted by the Tennessee Department
of Environment and Conservation (TDEC) through the Division of Air
Pollution Control to EPA on July 29, 2011. The July 29, 2011, SIP
revision modifies Tennessee's New Source Review (NSR) Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR) programs. Tennessee's July 29, 2011, SIP revision proposes to
incorporate, into the Tennessee SIP, NSR provisions for
PM2.5 as amended in EPA's 2008 NSR PM2.5
Implementation Rule. Also, Tennessee's July 29, 2011, SIP revision
makes a corrective and clarifying administrative change to rule 1200-
03-09-.01. EPA is approving Tennessee's July 29, 2011, SIP revision
because it is consistent with the Clean Air Act (CAA or Act) and EPA
regulations regarding NSR permitting.
DATES: Effective Date: This rule will be effective August 29, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0080. 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 a.m. to 4:30 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the
Tennessee SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley's telephone number
is (404) 562-9352; email address: bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms. Yolanda Adams, Air Permits
Section, at the same address above. Ms. Adams' telephone number is
(404) 562-9214; email address: adams.yolanda@epa.gov. For information
regarding the PM2.5 NAAQS, contact Mr. Joel Huey, Regulatory
Development Section, at the same address above. Mr. Huey's telephone
number is (404) 562-9104; email address: huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action on Tennessee's July 29, 2011, SIP
revision to adopt rules equivalent to federal requirements for NSR
permitting.\1\ Tennessee's July 29, 2011, SIP revision includes changes
to Tennessee's Air Quality Regulations, Chapter 1200-03-09--
Construction and Operating Permits, Rule Number .01--Construction
Permits, to adopt federal PSD and NNSR promulgated in the rule entitled
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5), '' Final Rule, 73
FR
[[Page 44482]]
28321 (May 16, 2008), hereafter referred to as the ``NSR
PM2.5 Rule.'' Also, Tennessee's July 29, 2011, SIP revision
includes clarifying changes to rule 1200-03-09-.01.
---------------------------------------------------------------------------
\1\ Tennessee's July 29, 2011, SIP revision also contains
changes to Tennessee Chapter 1200-03-26--Administrative Fees
Schedule provisions. EPA is not proposing action on this part of the
submittal as these provisions are not part of the federally-approved
Tennessee SIP.
---------------------------------------------------------------------------
On June 11, 2012, EPA published a proposed rulemaking to approve
the aforementioned changes to Tennessee's NSR PSD program. See 77 FR
34302. Comments on the proposed rulemaking were due on or before July
11, 2012. No comments, adverse or otherwise, were received on EPA's
June 11, 2012 proposed rulemaking. Pursuant to section 110 of the CAA,
EPA is now taking final action to approve the changes to Tennessee's
NSR PSD program as provided in EPA's June 11, 2012, proposed
rulemaking. A summary of the background for today's final action is
provided below. For more detail, please refer to EPA's proposed
rulemaking at 77 FR 34302.
A. NSR PM2.5 Rule
EPA finalized a rule on May 16, 2008, that revised the NSR program
requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas. Specifically, the NSR
PM2.5 Rule established the following NSR requirements to
implement the PM2.5 NAAQS: (1) Require NSR permits to
address directly emitted PM2.5 and precursor pollutants; (2)
establish significant emission rates for direct PM2.5 and
precursor pollutants (including sulfur dioxide (SO2) and
nitrogen oxides (NOX)); (3) establish PM2.5
emission offsets; (4) provide exceptions to inhalable particles smaller
than or equal to 10 micrometers in diameter) (PM10)
grandfather policy; and (5) require states to account for gases that
condense to form particles (condensables) in PM2.5 and
PM10 emission limits in PSD or nonattainment NSR permits.
Additionally, the NSR PM2.5 Rule authorized states to adopt
provisions in their nonattainment NSR rules that would allow
interpollutant offset trading. See 73 FR 28321. States were required to
provide SIP submissions to address the requirements for the NSR
PM2.5 Rule by May 16, 2011. Tennessee's July 29, 2011, SIP
revision addresses the PSD and NNSR requirements related to EPA's May
16, 2008, NSR PM2.5 Rule.
1. PM10 Surrogate and Grandfathering Policy
In the NSR PM2.5 Rule, EPA required that major
stationary sources seeking permits must begin directly satisfying the
PM2.5 requirements, as of the effective date of the rule,
rather than relying on PM10 as a surrogate, with two
exceptions.\2\ The first exception is a ``grandfathering'' provision in
the federal PSD program at 40 CFR 52.21(i)(1)(xi). This grandfathering
provision applied to sources that had applied for, but had not yet
received, a final and effective PSD permit before the July 15, 2008,
effective date of the May 2008 final rule. The second exception was
that states with SIP-approved PSD programs could continue to implement
the Seitz Memo's PM10 Surrogate Policy for up to three years
(until May 2011) or until the individual revised state PSD programs for
PM2.5 are approved by EPA, whichever comes first. On May 18,
2011 (76 FR 28646), EPA took final action to repeal the
PM2.5 grandfathering provision at 40 CFR 52.21(i)(1)(xi).
This final action ended the use of the 1997 PM10 Surrogate
Policy for PSD permits under the federal PSD program at 40 CFR 52.21.
In effect, any PSD permit applicant previously covered by the
grandfathering provision (for sources that completed and submitted a
permit application before July 15, 2008) \3\ that did not have a final
and effective PSD permit before the effective date of the repeal will
not be able to rely on the 1997 PM10 Surrogate Policy to
satisfy the PSD requirements for PM2.5 unless the
application includes a valid surrogacy demonstration. See 76 FR 28646.
In its July 29, 2011, SIP revision, Tennessee elected not to adopt the
grandfathering provision at 40 CFR 52.21(i)(1)(xi), into its PSD
regulations. Therefore, Tennessee's July 29, 2011, SIP revision is
consistent with federal regulations since it does not contain the
repealed grandfathering provision.
---------------------------------------------------------------------------
\2\ After EPA promulgated the NAAQS for PM2.5 in
1997, the Agency issued guidance documents related to using
PM10 as a surrogate for PM2.5 entitled
``Interim Implementation of New Source Review Requirements for
PM2.5.'' John S. Seitz, EPA, October 23, 1997 (the
``Seitz memo'') and ``Implementation of New Source Review
Requirements in PM-2.5 Nonattainment Areas'' (the ``2005
PM2.5 Nonattainment NSR Guidance'').
\3\ Sources that applied for a PSD permit under the federal PSD
program on or after July 15, 2008, are already excluded from using
the 1997 PM10 Surrogate Policy as a means of satisfying
the PSD requirements for PM2.5. See 76 FR 28321.
---------------------------------------------------------------------------
2. ``Condensable'' Provision
In the NSR PM2.5 Rule, EPA revised the definition of
``regulated NSR pollutant'' for PSD to add a paragraph providing that
``particulate matter (PM) emissions, PM2.5 emissions and
PM10 emissions'' shall include gaseous emissions from a
source or activity which condense to form particulate matter at ambient
temperatures and that on or after January 1, 2011, such condensable
particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM,
PM2.5 and PM10 in permits issued. See 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(vi) and ``Emissions Offset
Interpretative Ruling'' (40 CFR Part 51, Appendix S). On March 16,
2012,\4\ EPA proposed a rulemaking to amend the definition of
``regulated NSR pollutant'' promulgated in the NSR PM2.5
Rule regarding the PM condensable provision at 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(i) and EPA's Emissions Offset
Interpretative Ruling. See 77 FR 15656. The rulemaking proposes to
remove the inadvertent requirement in the NSR PM2.5 Rule
that the measurement of condensable ``particulate matter emissions'' be
included as part of the measurement and regulation of ``particulate
matter emissions.'' \5\ Tennessee's July 29, 2011, SIP revision adopts
EPA's definition for regulated NSR pollutant for condensables (at 40
CFR 51.166(b)(49)(vi)), including the term ``particulate matter
emissions,'' as promulgated in the NSR PM2.5 Rule.
---------------------------------------------------------------------------
\4\ In EPA's June 11, 2012, proposed rulemaking, EPA cited March
12, 2012, as the publication date for the particulate matter
emissions correction notice. The correct publication date is March
16, 2012.
\5\ The term ``particulate matter emissions'' includes particles
that are larger than PM2.5 and PM10 and is an
indicator measured under various New Source Performance Standards
(NSPS) (40 CFR part 60). In addition to the NSPS for PM, it is noted
that states have regulated ``particulate matter emissions'' for many
years in their SIPs for PM, and the same indicator has been used as
a surrogate for determining compliance with certain standards
contained in 40 CFR part 63, regarding National Emission Standards
for Hazardous Air Pollutants.
---------------------------------------------------------------------------
On May 1, 2012, the State of Tennessee provided a letter to EPA
with clarification of the State's intent in light of EPA's March 12,
2012, proposed rulemaking. Specifically, in that letter, the State of
Tennessee requested that EPA not approve the term ``particulate matter
emissions'' (at rule 1200-03-09-.01(4)(b)47(vi)) as part of the
definition for ``regulated NSR pollutant'' regarding the inclusion of
condensable emissions in applicability determinations and in
establishing emissions limitations for PM.
3. Interpollutant Trading
The NSR PM2.5 final Rule authorized states to adopt
provisions in their NNSR rules that would allow major stationary
sources and major modifications located in areas designated
nonattainment for PM2.5 to offset emissions increases of
direct PM2.5 emissions or PM2.5 precursors with
reductions of either direct PM2.5 emissions or
PM2.5 precursors in accordance with offset
[[Page 44483]]
ratios contained in the approved SIP for the applicable nonattainment
area. The inclusion, in whole or in part, of the interpollutant trading
offset provisions for PM2.5 is discretionary on the part of
the states. In the preamble to the NSR PM2.5 Rule, EPA
included preferred or presumptive offset ratios, applicable to specific
PM2.5 precursors, that states may adopt in conjunction with
the new interpollutant trading offset provisions for PM2.5,
and for which the state could rely on the EPA's technical work to
demonstrate the adequacy of the ratios for use in any PM2.5
nonattainment area.\6\
---------------------------------------------------------------------------
\6\ Alternatively, the preamble indicated that states may adopt
their own ratios, subject to EPA's approval, that would have to be
substantiated by modeling or other technical demonstrations of the
net air quality benefit for ambient PM2.5 concentrations.
---------------------------------------------------------------------------
The preferred ratios were subsequently the subject of a petition
for reconsideration which the EPA Administrator granted in 2009. As a
result of the reconsideration, on July 21, 2011, EPA issued a
memorandum entitled ``Revised Policy to Address Reconsideration of
Interpollutant Trading Provisions for Fine Particles
(PM2.5)'' (hereafter referred to as the ``Interpollutant
Trading Memorandum''). The Interpollutant Trading Memorandum indicated
that the existing preferred offset ratios are no longer considered
presumptively approvable and that any precursor offset ratio submitted
as part of the NSR SIP for a PM2.5 nonattainment area must
be accompanied by a technical demonstration showing the net air quality
benefits of such ratio for the PM2.5 nonattainment area in
which it will be applied. Tennessee's July 29, 2011, SIP revision
adopts the interpollutant policy but not the preferred trading ratios
established in the NSR PM2.5 Rule.
II. This Action
Tennessee's July 29, 2011, SIP revision adopts NSR PM2.5
Rule provisions into the Tennessee SIP at Chapter 12000-03-09
including: (1) Requirement for NSR permits to address directly emitted
PM2.5 and precursor pollutants; (2) significant emission
rates for direct PM2.5 and precursor pollutants
(SO2 and NOX); (3) PSD and NNSR requirements of
states to address condensable PM in establishing enforceable emission
limits for PM10 or PM2.5; (4) PM2.5
emission offsets; and (5) optional interpollutant trading provision set
forth at 40 CFR 51.165(a)(11). These amendments to the Tennessee rules
became state-effective June 27, 2011. Specifically, the SIP revision
establishes that the State's existing NSR permitting program
requirements for PSD and NNSR apply to the PM2.5 NAAQS and
its precursors; revise the definitions of ``significant'' at 1200-03-
09-.01(4)(b)24(i) and (5)(b)1(x)(I) to establish significant emission
rates for direct PM2.5 and PM2.5 precursors for
major modifications at existing sources (as amended at 40 CFR
51.165(a)(1)(x)(A) and 51.166(b)(23)(i)); revise the term ``regulated
NSR pollutant'' at 1200-03-09-.01(4)(b)47 and (5)(b)1(xlix) to include
PM2.5, recognize PM2.5 precursors and include the
requirement that condensable emissions be accounted for in
applicability determinations and in establishing emissions limitations
for PM (as amended at 40 CFR 51.165(a)(1)(xxxvii)(C) and
51.166(b)(49)); and adopt NNSR emission offsets (a ratio of 1:1) for
direct PM2.5 at 1200-03-09-.01(5)2(v) (as amended at 40 CFR
51.165(a)(9)).
Additionally, Tennessee's July 29, 2011, SIP revision does not
include the grandfathering provision at 40 CFR 52.21(i)(1)(ix)
promulgated in the NSR PM2.5 Rule. Therefore, Tennessee's
July 29, 2011, SIP revision is consistent with federal regulations. The
July 29, 2011, SIP revision adopts the elective interpollutant trading
provision policy at 1200-03-09(5)(b)2.(v)(XV) set forth at 40 CFR
51.165(a)(11) for the purpose of offsets under the PM2.5
NNSR program. Pursuant to EPA's July 21, 2011, Interpollutant Trading
Memorandum, the preferred precursor offset ratios included in the
preamble to the NSR PM2.5 Rule are no longer considered
presumptively approvable. Therefore, any precursor offset ratio
submitted to EPA for approval as part of the NSR SIP for a
PM2.5 nonattainment area must be accompanied by a technical
demonstration showing the suitability of the ratios for that particular
nonattainment area. Tennessee's adoption of the interpollutant trading
policy and not the trading ratios does not in any way allow a major
stationary source or major modification in the State to obtain offsets
through interpollutant trading, nor does it affect the approvability of
Tennessee's July 29, 2011, SIP revision.\7\
---------------------------------------------------------------------------
\7\ If a major stationary source or source with a major
modification in Tennessee requests to obtain offsets through
interpollutant trading, the State of Tennessee would first be
required, consistent with the requirements of section 51.165(a)(11),
to revise its SIP to adopt appropriate trading ratios. Tennessee
would need to submit to EPA a technical demonstration showing how
either the preferred ratios established in the NSR PM2.5
Rule or the State's own ratios are appropriate for the State's
particular PM2.5 nonattainment as well as a revision to
the NSR program adopting the ratios into the SIP. EPA would then
have to approve the demonstration and ratios into the Tennessee SIP
prior to any major stationary source or major modification obtaining
offsets through the interpollutant trading policy.
---------------------------------------------------------------------------
Regarding the condensable provision, in light of Tennessee request
in its May 1, 2012, letter and EPA's intention to amend the definition
of ``regulated NSR pollutant'' as discussed in the correction
rulemaking,\8\ EPA is not taking action to approve the terminology
``particulate matter emissions'' into the Tennessee SIP (at 1200-03-
09-.01(4)(b)47(vi)) for the condensable provision in the definition of
``regulated NSR pollutant.'' EPA is, however, taking final action to
approve into the Tennessee SIP at 1200-03-09-.01(4)(b)47(vi) the
remaining condensable requirement at 40 CFR 51.166(b)(49)(vi), which
requires that condensable emissions be accounted for in applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10.
---------------------------------------------------------------------------
\8\ On March 16, 2012, EPA proposed to correct the inadvertent
inclusion of ``particulate matter emissions'' in the definition of
``regulated NSR pollutant'' as an indicator for which condensable
emissions must be addressed. See 77 FR 75656. The comment period for
this proposed rulemaking ended May 15, 2012.
---------------------------------------------------------------------------
TDEC's July 29, 2011, SIP revision also makes an administrative
change to Chapter 1200-03-09 for PSD and NNSR including removing the
sentence ``For example, if a project involves both an existing
emissions unit and a Clean Unit, the projected increase is determined
by summing the values determined using the method specified in
paragraph (a)(7)(iv)(c) of this section for the existing unit and
determined using the method specified in paragraph (a)(7)(iv)(e) of
this section for the Clean Unit.'' from the State's hybrid test
applicability provision at 1200-03-09-.01(4)(c)4(vi) and 1200-03-
09-.01(5)(b)2(xvii). Tennessee proposed this change to be consistent
with federal language amended in the June 13, 2007, final rulemaking
regarding the vacated portions of the 2002 NSR Reform Rule.\9\See 72 FR
32526. This final action approves the aforementioned SIP amendments
into Tennessee's SIP to provide for the implementation of
PM2.5 NAAQS in the State's NSR permitting program.
---------------------------------------------------------------------------
\9\ On June 13, 2007, EPA took final action to revise the 2002
NSR Reform Rules to remove from federal law all provisions
pertaining to clean units and the pollution control projects
exemption that were vacated by the United States Court of Appeals
for the District of Columbia Rule. New York v. United States, 413
F.3d 3 (D.C. Cir. 2005). See 72 FR 32526. EPA's efforts to remove
the vacated provisions included removing the language from the
hybrid test applicability provision at 40 CFR 51.166(a)(7)(iv)(f),
51.165(f)(6) and 52.21(a)(2)(iv)(f).
---------------------------------------------------------------------------
[[Page 44484]]
III. Final Action
Pursuant to section 110 of the CAA, EPA is taking final action to
approve Tennessee's July 29, 2011, SIP revisions adopting federal
regulations amended in the NSR PM2.5 Rule to implement the
PM2.5 NAAQS for the NSR program. EPA is also taking final
action to approve corrective and clarifying administrative changes to
Tennessee's regulations because they are consistent with section 110 of
the CAA and its implementing regulations.
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 28, 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: July 16, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Therefore, 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.
0
2. Section 52.2220(c) is amended under Chapter 1200-3-9 by revising the
entry for ``Section 1200-3-9-.01'' to read as follows:
Sec. 52.2220 Identification of plan
* * * * *
(c) * * *
Table 1--EPA-Approved Tennessee Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 1200-3-9 Construction and Operating Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01................. Construction Permits.... 6/27/11 7/30/12 [Insert citation of publication]. EPA is approving Tennessee's
July 29, 2011, SIP
revisions to Chapter 1200-3-
9-.01 with the exception of
the term ``particulate
matter emissions'' at 1200-
03-09-.01(4)(b)47(vi) as
part of the definition for
``regulated NSR pollutant''
regarding the inclusion of
condensable emissions in
applicability
determinations and in
establishing emissions
limitations.
EPA is approving Tennessee's
May 28, 2009, SIP revisions
to Chapter 1200-3-9-.01
with the exception of the
``baseline actual
emissions'' calculation
revision found at 1200-3-9-
.01(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III) and
(5)(b)1(xlvii)(II)(IV) of
the submittal.
[[Page 44485]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-18393 Filed 7-27-12; 8:45 am]
BILLING CODE 6560-50-P
