Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units, 72294 [C1-2012-28729]
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Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules
tkelley on DSK3SPTVN1PROD with
measures related to prong 3 of section
110(a)(2)(D)(i); specifically, the PM2.5
PSD Increment-SILs-SMC Rule (only as
it relates to PM2.5 increments). In this
letter, Tennessee described how the
State has already scheduled a public
hearing/comment period and anticipates
providing a final version as soon as
possible after the public hearing to be
scheduled on or before December 4,
2012. Consistent with section 110(k)(4)
of the Act, EPA is relying upon this
commitment by Tennessee to address
the PM2.5 PSD Increment-SILs-SMC Rule
(only as it relates to PM2.5 increments)
as the basis for conditionally approving
Tennessee’s infrastructure SIP as it
relates to prong 3 of section
110(a)(2)(D)(i). If Tennessee fails to
submit these revisions within one year
from the date of conditional approval,
today’s proposed 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.
Kentucky, North Carolina and
Tennessee have, or will have pending
the commitments described above,
demonstrated that major sources in each
state are subject to PSD permitting
program to comply with the prong 3 of
section 110(a)(2)(D)(i) of the CAA for the
PM2.5 NAAQS. Therefore EPA has made
the preliminary determination to
conditionally approve that Kentucky,
North Carolina and Tennessee’s SIP and
practices are adequate for insuring
compliance with the applicable PSD
requirements relating to interstate
transport pollution for the 1997 and
2006 PM2.5 NAAQS.
IV. Proposed Action
As described above, EPA is proposing
to conditionally approve the Kentucky,
North Carolina and Tennessee
infrastructure SIP submissions as
addressing prong 3 of section
110(a)(2)(D)(i) of the CAA for both the
1997 and 2006 PM2.5 NAAQS.
Specifically, EPA is proposing to
conditionally approve the portion of the
States’ infrastructure SIP section
110(a)(2)(D)(i) submissions as they
relate to provisions prohibiting
emissions that interfere with any other
state’s required measures to prevent
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16:40 Dec 04, 2012
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significant deterioration of its air quality
because they are consistent with section
110 of the CAA.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
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 proposed 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
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Fmt 4702
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impose substantial direct costs on tribal
governments or preempt tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 21, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–29370 Filed 12–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR–
2011–0044; FRL–9733–2]
RIN 2060–AR62
Reconsideration of Certain New
Source and Startup/Shutdown Issues:
National Emission Standards for
Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam
Generating Units and Standards of
Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam
Generating Units
Correction
Proposed rule document 2012–28729,
appearing on pages 71323–71344 in the
issue of Friday, November 30, 2012,
should have appeared in the Proposed
Rules section of the issue.
[FR Doc. C1–2012–28729 Filed 12–4–12; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 10–254; DA 12–1898]
Comment Deadline Extended for
Public Notice Seeking Updated
Information and Comment on Review
of Hearing Aid Compatibility
Regulations
Federal Communications
Commission.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
SUMMARY:
E:\FR\FM\05DEP1.SGM
05DEP1
]]>Agencies
[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Proposed Rules]
[Page 72294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2012-28729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2009-0234; EPA-HQ-OAR-2011-0044; FRL-9733-2]
RIN 2060-AR62
Reconsideration of Certain New Source and Startup/Shutdown
Issues: National Emission Standards for Hazardous Air Pollutants From
Coal- and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units
Correction
Proposed rule document 2012-28729, appearing on pages 71323-71344
in the issue of Friday, November 30, 2012, should have appeared in the
Proposed Rules section of the issue.
[FR Doc. C1-2012-28729 Filed 12-4-12; 8:45 am]
BILLING CODE 1505-01-D
