Approval and Promulgation of Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 45958-45962 [2012-18797]
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45958
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
• 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 F43255, 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 final 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 Commonwealth, 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 October 1, 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, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry for ‘‘Louisville; 1997
Annual Fine Particulate Matter 2002
Base Year Emissions Inventory’’ to the
end of the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal
date/effective date
*
*
*
Louisville; 1997 Annual Fine
Bullitt and Jefferson CounParticulate Matter 2002
ties.
Base Year Emissions Inventory.
*
12/03/2008
[FR Doc. 2012–18784 Filed 8–1–12; 8:45 am]
BILLING CODE 6560–50–P
EPA approval date
*
*
8/2/12 [Insert citation of publication]..
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2012–0285; FRL–9705–7]
Approval and Promulgation of
Implementation Plans; Tennessee
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Explanations
*
Final rule.
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),
as demonstrating that the State meets
the SIP requirements of sections
110(a)(1) and (2) of the Clean Air Act
(CAA or the Act) for the 1997 annual
and 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS). Section 110(a) of
SUMMARY:
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
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. Tennessee certified
that the Tennessee SIP contains
provisions that ensure the 1997 annual
and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained
in Tennessee (hereafter referred to as
‘‘infrastructure submission’’). With the
exception of element 110(a)(2)(E)(ii),
which pertains to the requirements of
section 128(a)(1) of the CAA,
Tennessee’s infrastructure submissions,
provided to EPA on December 14, 2007,
and October 19, 2009, addresses all the
required infrastructure elements for the
1997 annual and 2006 24-hour PM2
NAAQS.
Effective Date: This rule will be
effective September 4, 2012.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0285. 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.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, 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) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
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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. On
July 18, 1997 (62 FR 36852), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On June 11, 2012, EPA
proposed to approve Tennessee’s
December 14, 2007, and October 19,
2009, infrastructure submissions for the
1997 annual and 2006 24-hour PM2.5
NAAQS addressing elements
110(a)(2)(A)–(H), (J)–(M), except for
section 110(a)(2)(C) nonattainment area
requirements, 110(a)(2)(E)(ii)—board
requirements; and section 110(a)(2)(D)(i)
interstate transport requirements. See
EPA’s June 11, 2012, proposed
rulemaking at 77 FR 34306 for more
detail. 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 a result of Tennessee’s March
28, 2012, commitment letter, EPA
signed a final rule on June 25, 2012,
determining that the conditional
approval is appropriate because the
State has explicitly committed to
address current deficiencies in the
Tennessee SIP related to element
110(a)(2)(E)(ii) for the 1997 8-hour
ozone NAAQS consistent with the
requirements of CAA section 110(k)(4).
Tennessee’s March 28, 2012,
commitment letter related to section
128(a)(1) is also applicable to address
110(a)(2) requirements for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
In EPA’s June 11, 2012, proposed
rulemaking, EPA is also proposed to
approve in part and conditionally
approve in part Tennessee’s 1997
annual and 2006 24-hour PM2.5
infrastructure submissions with regards
to section 110(a)(2)(E)(ii) based on the
State’s March 28, 2012, commitment
letter. See 77 FR 34306. A summary of
the background for today’s final action
is provided below.
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
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45959
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. 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 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous PM 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,
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.’’
• 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
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) but does
provide detail on how Tennessee’s SIP addresses
110(a)(2)(C).
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
and 2006 PM2.5 NAAQS. Interstate transport
requirements were formerly addressed by
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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
• 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.
As mentioned above, with respect to
element 110(a)(2)(E)(ii), on June 11,
2012, EPA proposed to approve
Tennessee’s December 14, 2007, and
October 19, 2009, infrastructure
submissions and proposed to approve in
part, and conditionally approve in part,
infrastructure element 110(a)(2)(E)(ii)
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. See 77 FR 34306. EPA
proposed conditional approval in part
for element 110(a)(2)(E)(ii) because the
State’s implementation plan does not
contain provisions to address the
requirements of CAA section 128(a)(1),
that requires 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. EPA
proposed approval in part, of this
element because the State’s
implementation plan contains
provisions to address the requirements
Tennessee consistent with the Clean Air Interstate
Rule (CAIR). On December 23, 2008, CAIR was
remanded by the DC Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina
v. EPA, 531 F.3d 896 (DC 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 PM2.5 NAAQS.
Concerning the 2006 PM2.5 NAAQS, EPA has
finalized a new rule to address the interstate
transport of NOX and SOX in the eastern United
States. See 76 FR 48208 (August 8, 2011) (‘‘the
Transport Rule’’). On July 20, 2011 (76 FR 43180),
EPA made a finding that Tennessee failed to submit
a SIP that addresses the requirements of section
110(a)(2)(D)(i)(I) of the CAA for the revised 2006 24hour PM2.5 NAAQS. This finding created a 2-year
deadline for the promulgation of a Federal
Implementation Plan (FIP) by EPA for Tennessee
unless the State submits a SIP to satisfy these
section 110(a)(2)(D)(i)(I) requirements, and EPA
approves such submission prior to promulgation of
a FIP.
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 final rulemaking.
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of CAA section 128(a)(2), that requires
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. See 77 FR 34306.
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 for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Second,
EPA is approving the remaining
infrastructure submissions as
demonstrating that the State meets the
applicable requirements of sections
110(a)(1) and (2) of the CAA for the
1997 annual and 2006 24-hour PM2.5
NAAQS.
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. This letter of commitment meets
the requirements of section 110(k)(4) of
the CAA. As a result of Tennessee’s
March 28, 2012, commitment letter,
EPA signed a final rule on June 25,
2012, determining that the conditional
approval is appropriate because the
State has explicitly committed to
address current deficiencies in the
Tennessee SIP related to element
110(a)(2)(E)(ii) for the 1997 8-hour
ozone NAAQS consistent with the
requirements of CAA section 110(k)(4).
Tennessee’s March 28, 2012, letter can
be accessed at www.regulations.gov
using Docket ID No. EPA–R04–OAR–
2011–0353.
As mentioned above, EPA
conditionally approved the Tennessee’s
infrastructure SIP for the 1997 8-hour
ozone NAAQS with respect to the CAA
requirement of element 110(a)(2)(E)(ii).
EPA anticipates that Tennessee’s action
with respect to that conditional
approval will satisfy today’s
110(a)(2)(E)(ii) conditional approval for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. Tennessee must submit to EPA
(within one year from the date of
publication for the final rule that EPA
signed on June 25, 2012, for the 1997 8hour ozone NAAQS), 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 this
revision within one year from the date
of publication for the final rule that EPA
signed on June 25, 2012, today’s
conditional approval will automatically
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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. A
summary of the background for today’s
final action is provided below. See
EPA’s June 11, 2012, proposed
rulemaking at 77 FR 34306 for more
detail.
II. This Action
EPA is taking final action to approve
Tennessee’s infrastructure submissions
as demonstrating that the State meets
the applicable requirements of sections
110(a)(1) and (2) of the CAA for the
1997 annual and 2006 24-hour PM2.5
NAAQS, with the exception of section
110(a)(2)(E)(ii). 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 certified
that the Tennessee SIP contains
provisions that ensure the 1997 annual
and 2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in Tennessee.
On July 16, 2012, EPA signed a final
rulemaking action approving revisions
to Tennessee’s New Source Review
(NSR) requirements relating to PM2.5.
EPA is not taking action today on
Tennessee’s NSR program, as these
requirements are already approved in
Tennessee’s SIP. Additionally, EPA
received no adverse comments on its
June 11, 2012, proposed approval of
Tennessee’s December 14, 2007, and
October 19, 2009, infrastructure
submissions, which is being finalized
today.
Tennessee’s infrastructure
submissions, provided to EPA on
December 14, 2007, and October 19,
2009, address all the required
infrastructure elements for the 1997
annual and 2006 24-hour PM2.5 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, and October 19, 2009,
submissions are consistent with section
110 of the CAA, and thus is approving
Tennessee’s infrastructure submissions,
with the exception of CAA section
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110(a)(2)(E)(ii), pertaining to section
128(a)(1) requirements. With respect to
CAA section 110(a)(2)(E)(ii), pertaining
to section 128(a)(1) requirements, EPA
is conditionally approving Tennessee’s
1997 annual and 2006 24-hour PM2.5
infrastructure submissions.
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III. Final Action
As already described, 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 1997 annual and
2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in Tennessee. EPA is taking final action
to approve in part, and conditionally
approve in part, Tennessee’s December
14, 2007, and October 19, 2009,
submissions for 1997 annual and 2006
24-hour PM2.5 NAAQS because these
submissions are consistent with section
110 of the CAA.
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);
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• 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, 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 October 1, 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
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45961
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, Particulate Matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 16, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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. Amend § 52.2219 by designating
the existing undesignated paragraph as
paragraph (a), and adding paragraph (b)
to read as follows:
■
§ 52.2219
Conditional approval.
(a) * * *
(b) Conditional Approval—Submittals
from the State of Tennessee, through the
Department of Environment and
Conservation (TDEC), dated December
14, 2007, and October 19, 2009, to
address the Clean Air Act (CAA)
infrastructure requirements for the 1997
annual and 2006 24-hour PM2.5 National
Ambient Air Quality Standards. 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), EPA conditionally
approved TDEC’s March 28, 2012,
commitment on June 25, 2012.
Tennessee must submit to EPA by July
23, 2013, SIP revisions adopting specific
enforceable measures related to CAA
sections 128(a)(1) as described in the
State’s letter of commitment.
■ 3. Section 52.2220(e) is amended by
adding two new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 1997 Fine Particulate Matter
National Ambient Air Quality
Standards’’ and ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2006
Fine Particulate Matter National
Ambient Air Quality Standards’’ at the
end of the table to read as follows:
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\02AUR1.SGM
02AUR1
*
*
45962
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
State submittal date/
effective date
EPA approval date
*
*
*
110(a)(1) and (2) Infrastructure Require- Tennessee ..............
ments for 1997 Fine Particulate Matter
National Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Require- Tennessee ..............
ments for 2006 Fine Particulate Matter
National Ambient Air Quality Standards.
*
12/14/2007 ..............
*
8/2/2012 [Insert citation of publication].
10/19/2009 ..............
8/2/2012 [Insert citation of publication].
Name of nonregulatory SIP provision
[FR Doc. 2012–18797 Filed 8–1–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2011–0194; FRL–9709–5]
Approval and Promulgation of State
Implementation Plans: Idaho; BoiseNorthern Ada County Air Quality
Maintenance Area Second 10-Year
Carbon Monoxide Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Idaho (the
State). The Idaho State Department of
Environmental Quality (IDEQ)
submitted the Northern Ada County Air
Quality Maintenance Area Second 10year Carbon Monoxide Maintenance
Plan on February 10, 2011. In
accordance with the requirements of the
Federal Clean Air Act (the Act), EPA is
approving the revision because the State
adequately demonstrates that the BoiseNorthern Ada County Air Quality
Maintenance Area will maintain air
quality standards for carbon monoxide
(CO) through the year 2022.
DATES: This rule is effective on October
1, 2012, without further notice, unless
EPA receives adverse comment by
September 4, 2012. If EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2011–0194, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: chi.john@epa.gov.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:21 Aug 01, 2012
Jkt 226001
• Mail: John Chi, U.S. EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention: John
Chi, Office of Air, Waste and Toxics,
AWT—107. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2011–
0194. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
Explanation
*
*
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., 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. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, U.S.
EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: John
Chi at telephone number: (206) 553–
1230, email address: chi.john@epa.gov,
fax number: (206) 553–0110, or Claudia
Vergnani Vaupel at telephone number:
(206) 553–6121, email address:
vaupel.claudia@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. Information is organized as
follows:
Table of Contents
I. What is the purpose of this action?
II. What is the background for this action?
III. How have the public and stakeholders
been involved in this rulemaking
process?
IV. Evaluation of Idaho’s Submittal
V. Transportation and General Conformity
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What is the purpose of this action?
EPA is taking direct final action to
approve the second 10-year CO
maintenance plan for the Northern Ada
County, Idaho Air Quality Maintenance
Area. The Northern Ada County Area
attained the CO national ambient air
quality standards (NAAQS) in 2002 and
has not violated the standard since
1986. The second 10-year CO
maintenance plan submitted by the
State is designed to keep the Northern
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45958-45962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18797]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0285; FRL-9705-7]
Approval and Promulgation of Implementation Plans; Tennessee
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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), as demonstrating
that the State meets the SIP requirements of sections 110(a)(1) and (2)
of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-
hour fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS). Section 110(a) of
[[Page 45959]]
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.
Tennessee certified that the Tennessee SIP contains provisions that
ensure the 1997 annual and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained in Tennessee (hereafter referred
to as ``infrastructure submission''). With the exception of element
110(a)(2)(E)(ii), which pertains to the requirements of section
128(a)(1) of the CAA, Tennessee's infrastructure submissions, provided
to EPA on December 14, 2007, and October 19, 2009, addresses all the
required infrastructure elements for the 1997 annual and 2006 24-hour
PM2 NAAQS.
DATES: Effective Date: This rule will be effective September 4, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0285. 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: Sean Lakeman, 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)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@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. On July 18, 1997 (62 FR
36852), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
June 11, 2012, EPA proposed to approve Tennessee's December 14, 2007,
and October 19, 2009, infrastructure submissions for the 1997 annual
and 2006 24-hour PM2.5 NAAQS addressing elements
110(a)(2)(A)-(H), (J)-(M), except for section 110(a)(2)(C)
nonattainment area requirements, 110(a)(2)(E)(ii)--board requirements;
and section 110(a)(2)(D)(i) interstate transport requirements. See
EPA's June 11, 2012, proposed rulemaking at 77 FR 34306 for more
detail. 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 a result of
Tennessee's March 28, 2012, commitment letter, EPA signed a final rule
on June 25, 2012, determining that the conditional approval is
appropriate because the State has explicitly committed to address
current deficiencies in the Tennessee SIP related to element
110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS consistent with the
requirements of CAA section 110(k)(4). Tennessee's March 28, 2012,
commitment letter related to section 128(a)(1) is also applicable to
address 110(a)(2) requirements for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. In EPA's June 11, 2012, proposed rulemaking,
EPA is also proposed to approve in part and conditionally approve in
part Tennessee's 1997 annual and 2006 24-hour PM2.5
infrastructure submissions with regards to section 110(a)(2)(E)(ii)
based on the State's March 28, 2012, commitment letter. See 77 FR
34306. A summary of the background for today's final action is provided
below.
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. 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 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM 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, 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.''
---------------------------------------------------------------------------
\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) but does provide detail on how Tennessee's SIP
addresses 110(a)(2)(C).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------
\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 and 2006 PM2.5 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 DC Circuit Court of
Appeals, without vacatur, back to EPA. See North Carolina v. EPA,
531 F.3d 896 (DC 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 PM2.5
NAAQS. Concerning the 2006 PM2.5 NAAQS, EPA has finalized
a new rule to address the interstate transport of NOX and
SOX in the eastern United States. See 76 FR 48208 (August
8, 2011) (``the Transport Rule''). On July 20, 2011 (76 FR 43180),
EPA made a finding that Tennessee failed to submit a SIP that
addresses the requirements of section 110(a)(2)(D)(i)(I) of the CAA
for the revised 2006 24-hour PM2.5 NAAQS. This finding
created a 2-year deadline for the promulgation of a Federal
Implementation Plan (FIP) by EPA for Tennessee unless the State
submits a SIP to satisfy these section 110(a)(2)(D)(i)(I)
requirements, and EPA approves such submission prior to promulgation
of a FIP.
---------------------------------------------------------------------------
[[Page 45960]]
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\
---------------------------------------------------------------------------
\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 final rulemaking.
---------------------------------------------------------------------------
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.
As mentioned above, with respect to element 110(a)(2)(E)(ii), on
June 11, 2012, EPA proposed to approve Tennessee's December 14, 2007,
and October 19, 2009, infrastructure submissions and proposed to
approve in part, and conditionally approve in part, infrastructure
element 110(a)(2)(E)(ii) for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. See 77 FR 34306. EPA proposed conditional
approval in part for element 110(a)(2)(E)(ii) because the State's
implementation plan does not contain provisions to address the
requirements of CAA section 128(a)(1), that requires 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. EPA proposed approval in part, of
this element because the State's implementation plan contains
provisions to address the requirements of CAA section 128(a)(2), that
requires 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. See 77 FR 34306.
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 for the 1997 annual and 2006 24-hour PM2.5
NAAQS. Second, EPA is approving the remaining infrastructure
submissions as demonstrating that the State meets the applicable
requirements of sections 110(a)(1) and (2) of the CAA for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
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. This letter of
commitment meets the requirements of section 110(k)(4) of the CAA. As a
result of Tennessee's March 28, 2012, commitment letter, EPA signed a
final rule on June 25, 2012, determining that the conditional approval
is appropriate because the State has explicitly committed to address
current deficiencies in the Tennessee SIP related to element
110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS consistent with the
requirements of CAA section 110(k)(4). Tennessee's March 28, 2012,
letter can be accessed at www.regulations.gov using Docket ID No. EPA-
R04-OAR-2011-0353.
As mentioned above, EPA conditionally approved the Tennessee's
infrastructure SIP for the 1997 8-hour ozone NAAQS with respect to the
CAA requirement of element 110(a)(2)(E)(ii). EPA anticipates that
Tennessee's action with respect to that conditional approval will
satisfy today's 110(a)(2)(E)(ii) conditional approval for the 1997
annual and 2006 24-hour PM2.5 NAAQS. Tennessee must submit
to EPA (within one year from the date of publication for the final rule
that EPA signed on June 25, 2012, for the 1997 8-hour ozone NAAQS), 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 this revision
within one year from the date of publication for the final rule that
EPA signed on June 25, 2012, 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. A summary of the
background for today's final action is provided below. See EPA's June
11, 2012, proposed rulemaking at 77 FR 34306 for more detail.
II. This Action
EPA is taking final action to approve Tennessee's infrastructure
submissions as demonstrating that the State meets the applicable
requirements of sections 110(a)(1) and (2) of the CAA for the 1997
annual and 2006 24-hour PM2.5 NAAQS, with the exception of
section 110(a)(2)(E)(ii). 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 certified that the
Tennessee SIP contains provisions that ensure the 1997 annual and 2006
24-hour PM2.5 NAAQS are implemented, enforced, and
maintained in Tennessee.
On July 16, 2012, EPA signed a final rulemaking action approving
revisions to Tennessee's New Source Review (NSR) requirements relating
to PM2.5. EPA is not taking action today on Tennessee's NSR
program, as these requirements are already approved in Tennessee's SIP.
Additionally, EPA received no adverse comments on its June 11, 2012,
proposed approval of Tennessee's December 14, 2007, and October 19,
2009, infrastructure submissions, which is being finalized today.
Tennessee's infrastructure submissions, provided to EPA on December
14, 2007, and October 19, 2009, address all the required infrastructure
elements for the 1997 annual and 2006 24-hour PM2.5 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, and October 19, 2009, submissions are consistent
with section 110 of the CAA, and thus is approving Tennessee's
infrastructure submissions, with the exception of CAA section
[[Page 45961]]
110(a)(2)(E)(ii), pertaining to section 128(a)(1) requirements. With
respect to CAA section 110(a)(2)(E)(ii), pertaining to section
128(a)(1) requirements, EPA is conditionally approving Tennessee's 1997
annual and 2006 24-hour PM2.5 infrastructure submissions.
III. Final Action
As already described, 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 1997 annual and 2006 24-hour PM2.5
NAAQS are implemented, enforced, and maintained in Tennessee. EPA is
taking final action to approve in part, and conditionally approve in
part, Tennessee's December 14, 2007, and October 19, 2009, submissions
for 1997 annual and 2006 24-hour PM2.5 NAAQS because these
submissions are consistent with section 110 of the CAA.
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, 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 October 1, 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, Particulate
Matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: July 16, 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.
0
2. Amend Sec. 52.2219 by designating the existing undesignated
paragraph as paragraph (a), and adding paragraph (b) to read as
follows:
Sec. 52.2219 Conditional approval.
(a) * * *
(b) Conditional Approval--Submittals from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
December 14, 2007, and October 19, 2009, to address the Clean Air Act
(CAA) infrastructure requirements for the 1997 annual and 2006 24-hour
PM2.5 National Ambient Air Quality Standards. 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), EPA
conditionally approved TDEC's March 28, 2012, commitment on June 25,
2012. Tennessee must submit to EPA by July 23, 2013, SIP revisions
adopting specific enforceable measures related to CAA sections
128(a)(1) as described in the State's letter of commitment.
0
3. Section 52.2220(e) is amended by adding two new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 45962]]
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee......... 12/14/2007........ 8/2/2012 [Insert
Requirements for 1997 Fine citation of
Particulate Matter National publication].
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Tennessee......... 10/19/2009........ 8/2/2012 [Insert
Requirements for 2006 Fine citation of
Particulate Matter National publication].
Ambient Air Quality Standards.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-18797 Filed 8-1-12; 8:45 am]
BILLING CODE 6560-50-P
