Approval and Promulgation of Implementation Plans; Tennessee; 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 17168-17176 [2013-06418]
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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 proposed rule,
pertaining to the 1997 8-hour ozone
attainment demonstration, contingency
measures and MVEBs for the
Washington Area submitted by the State
of Maryland, the District of Columbia
and the Commonwealth of Virginia on
June 4, 2007, June 12, 2007 and June 12,
2007 respectively, 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
states, and EPA notes that it will not
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, Nitrogen dioxide, Reporting
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and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013–06421 Filed 3–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0582; FRL–9792–6]
Approval and Promulgation of
Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure
Requirements for the 2008 Lead
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve,
and in the alternative, conditionally
approve in part, the State
Implementation Plan (SIP) revision,
submitted by the State of Tennessee,
through the Department of Environment
and Conservation, demonstrating that
the State meets the requirements of
sections 110(a)(1) and (2) of the Clean
Air Act (CAA or the Act) for the 2008
Lead 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. Tennessee certified
that the Tennessee SIP contains
provisions that ensure the 2008 Lead
NAAQS is implemented, enforced, and
maintained in Tennessee (hereafter
referred to as an ‘‘infrastructure
submission’’). EPA is proposing to
conditionally approve portions of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
and 110(a)(2)(J) related to prevention of
significant deterioration (PSD)
requirements, and a portion of section
110(a)(2)(E)(ii) of Tennessee’s October
19, 2009, infrastructure submission. The
current Tennessee SIP does not include
provisions to comply with these
requirements; however, Tennessee has
committed to submit SIP revisions to
address these deficiencies. EPA is also
proposing, in the alternative, to approve
the entire Tennessee SIP, including the
sections described above, as meeting the
applicable infrastructure requirements
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for the 2008 Lead NAAQS. Should
Tennessee submit, and EPA approve,
the necessary provisions to correct the
identified infrastructure SIP deficiencies
prior to EPA taking final action on the
October 19, 2009, infrastructure
submission, EPA anticipates finalizing
full approval of the infrastructure SIP. If
EPA does not approve these necessary
provisions prior to taking final action on
the October 19, 2009, infrastructure
submission, EPA anticipates finalizing
conditional approvals for those
elements for which the Tennessee
infrastructure SIP remains deficient.
DATES: Written comments must be
received on or before April 19, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0582, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0582,’’ 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.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, 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. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2012–
0582. 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. 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.
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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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in 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: Zuri
Farngalo, 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) 562–9152.
Mr. Farngalo can be reached via
electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What elements are required under sections
110(a)(1) and (2)?
III. Scope of Infrastructure SIPs
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IV. What is EPA’s analysis of how Tennessee
addressed the elements of sections
110(a)(1) and (2) ‘‘Infrastructure’’
provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On October 5, 1978, EPA promulgated
primary and secondary NAAQS for Lead
under section 109 of the Act. See 43 FR
46246. Both primary and secondary
standards were set at a level of 1.5
micrograms per cubic meter (mg/m3),
measured as Lead in total suspended
particulate matter (Pb-TSP), not to be
exceeded by the maximum arithmetic
mean concentration averaged over a
calendar quarter. This standard was
based on the ‘‘1977 Air Quality Criteria
for Lead’’ guidance document (USEPA,
August 7, 1977). On November 12, 2008
(75 FR 81126), EPA issued a final rule
to revise the primary and secondary
Lead NAAQS. The revised primary and
secondary Lead NAAQS were revised to
0.15 mg/m3. By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) are to be submitted by states within
three years after promulgation of a new
or revised NAAQS. Sections 110(a)(1)
and (2) require states to address basic
SIP requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs to EPA no later than
October 15, 2011, for the 2008 Lead
NAAQS. Tennessee submitted its
infrastructure SIP for the 2008 Lead
NAAQS on October 19, 2009.1
Today’s action is proposing to
approve Tennessee’s infrastructure
submission for the 2008 Lead NAAQS.
In addition, EPA is also proposing, in
the alternative, to conditionally approve
a subset of the sections required as part
of the State’s 2008 Lead infrastructure
SIP. Specifically, EPA is also proposing,
in the alternative, to conditionally
approve, Tennessee’s infrastructure
submission for portions of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) as they relate to a 2010 PSD
rulemaking for Particulate Matter Less
Than 2.5 Micrometers (PM2.5).2 In
1 On June 27, 2012, the Center for Biological
Diversity and the Center for Environmental Health
sued EPA for allegedly failing to take certain
mandatory actions related to the ‘‘infrastructure’’
requirements associated with the 2008 Lead
NAAQS. Included with this complaint was EPA’s
alleged failure to take action on Tennessee’s 2008
Lead infrastructure SIP within the applicable
statutory timeframe.
2 See the final rulemaking entitled ‘‘Final Rule
Prevention of Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact Levels
(SILs) and Significant monitoring Concentration
(SMC): Final Rule’’ (75 FR 64864).
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addition, EPA is also proposing to
conditionally approve, in the
alternative, the portion of section
110(a)(2)(E)(ii) pertaining to CAA
section 128(a)(1) significant portion of
income requirements. Today’s action is
not proposing approval of any specific
rule; but rather, proposing that
Tennessee’s already approved SIP
meets—or in the case of the elements
proposed for conditional approval, will
meet, with changes—certain CAA
requirements.
II. What elements are required under
sections 110(a)(1) and (2)?
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 2008 Lead NAAQS, states
typically have met the basic program
elements required in section 110(a)(2)
through earlier SIP submissions in
connection with the 1978 Lead NAAQS.
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 mentioned above, 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
proposed rulemaking are listed below 3
3 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 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
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and in EPA’s October 14, 2011,
memorandum entitled ‘‘Guidance on
Infrastructure State Implementation
Plan (SIP) Elements Required Under
Sections 110(a)(1) and 110(a)(2) for the
2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS).’’
• 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, PSD and new source
review (NSR).4
• 110(a)(2)(D): Interstate and
international transport provisions.
• 110(a)(2)(E): Adequate personnel,
funding, and authority.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency episodes.
• 110(a)(2)(H): Future SIP revisions.
• 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.
III. Scope of Infrastructure SIPs
This rulemaking will not cover four
substantive issues that are not integral
to acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources (SSM), that may
be contrary to the CAA and EPA’s
policies addressing such excess
emissions; (ii) existing provisions
related to ‘‘director’s variance’’ or
‘‘director’s discretion’’ that purport to
permit revisions to SIP approved
emissions limits with limited public
process or without requiring further
approval by EPA, that may be contrary
to the CAA (director’s discretion); (iii)
existing provisions for minor source
NSR programs that may be inconsistent
with the requirements of the CAA and
EPA’s regulations that pertain to such
programs (minor source NSR); and, (iv)
existing provisions for PSD programs
that may be inconsistent with current
requirements of EPA’s ‘‘Final NSR
Improvement Rule,’’ 67 FR 80186
(December 31, 2002), as amended by 72
FR 32526 (June 13, 2007) (NSR Reform).
Instead, EPA has indicated that it has
other authority to address any such
of part D, Title I of the CAA. Today’s proposed
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment planning requirements of
110(a)(2)(C).
4 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
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existing SIP defects in other
rulemakings, as appropriate. A detailed
rationale for why these four substantive
issues are not part of the scope of
infrastructure SIP rulemakings can be
found in EPA’s June 11, 2012, proposed
rule entitled, ‘‘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’’ in the section entitled,
‘‘Scope of Infrastructure SIPs’’ (See 77
FR 34306). It can also be found in EPA’s
August 22, 2012, proposed rule entitled,
‘‘Approval and Promulgation of
Implementation Plans; Tennessee
110(a)(1) and (2) Infrastructure
Requirements for the 2008 8-Hour
Ozone Matter National Ambient Air
Quality Standards’’ in the section
entitled, ‘‘Scope of Infrastructure SIPs.’’
See 77 FR 50651.
IV. What is EPA’s analysis of how
Tennessee addressed the elements of
sections 110(a)(1) and (2)
‘‘Infrastructure’’ provisions?
The Tennessee infrastructure
submission addresses the provisions of
sections 110(a)(1) and (2) as described
below.
1. 110(a)(2)(A): Emission limits and
other control measures: Several
regulations within Tennessee’s SIP
provide Tennessee Air Pollution Control
Regulations relevant to air quality
control regulations. The regulations
described below have been federally
approved in the Tennessee SIP and
include enforceable emission
limitations and other control measures.
Chapters 1200–3–1, General Provisions;
1200–3–3, Air Quality Standards; 1200–
3–22, Lead Emission Standards; and
1200–3–8, Fugitive Dust Control
Regulations of the Tennessee SIP
establish emission limits for lead and
address the required control measures,
means, and techniques for compliance
with the 2008 Lead NAAQS. EPA has
made the preliminary determination
that the provisions contained in these
chapters and Tennessee’s practices are
adequate to protect the 2008 Lead
NAAQS in the State.
In this action, EPA is not proposing to
approve or disapprove any existing
State provisions with regard to excess
emissions during SSM of operations at
a facility. EPA believes that a number of
states have SSM provisions which are
contrary to the CAA and existing EPA
guidance, ‘‘State Implementation Plans:
Policy Regarding Excess Emissions
During Malfunctions, Startup, and
Shutdown’’ (September 20, 1999), and
the Agency plans to address such state
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regulations in the future. In the
meantime, EPA encourages any state
having a deficient SSM provision to take
steps to correct it as soon as possible.
Additionally, in this action, EPA is
not proposing to approve or disapprove
any existing State rules with regard to
director’s discretion or variance
provisions. EPA believes that a number
of states have such provisions which are
contrary to the CAA and existing EPA
guidance (52 FR 45109 (November 24,
1987)), and the Agency plans to take
action in the future to address such state
regulations. In the meantime, EPA
encourages any state having a director’s
discretion or variance provision which
is contrary to the CAA and EPA
guidance to take steps to correct the
deficiency as soon as possible.
2. 110(a)(2)(B) Ambient air quality
monitoring/data system: Tennessee’s
Air Pollution Control Requirements,
Chapter 1200–3–12, Procedures for
Ambient Sampling and Analysis, of the
Tennessee SIP, along with the
Tennessee Network Description and
Ambient Air Monitoring Network Plan,
provide for an ambient air quality
monitoring system in the State.
Annually, EPA approves the ambient air
monitoring network plan for the state
agencies. On July 9, 2012, Tennessee
submitted its plan to EPA. On
September 21, 2012, EPA approved
Tennessee’s monitoring network plan.
Tennessee’s approved monitoring
network plan can be accessed at
www.regulations.gov using Docket ID
No. EPA–R04–OAR–2012–0582. EPA
has made the preliminary determination
that Tennessee’s SIP and practices are
adequate for the ambient air quality
monitoring and data system related to
the 2008 Lead NAAQS.
3. 110(a)(2)(C) Program for
enforcement of control measures
including review of proposed new
sources. In this action, EPA is proposing
to approve, and in the alternative,
conditionally approve in part,
Tennessee’s infrastructure SIP for the
2008 Lead NAAQS with respect to the
general requirement in section
110(a)(2)(C) to include a program in the
SIP that regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. Chapter 1200–3–9,
Construction and Operating Permits, of
Tennessee’s SIP pertains to the
construction of any new major
stationary source or any project at an
existing major stationary source in an
area designated as nonattainment,
attainment or unclassifiable. Chapter
1200–3–22, Lead Emission Standards,
of Tennessee’s SIP, published on August
12, 1985, specifies requirements for
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Reasonably Available Control
Technology for significant existing
sources of Lead (October 29, 2001, 66
FR 44632).
In addition to these requirements,
there are four other revisions to the
Tennessee SIP that that are necessary to
meet the requirements of infrastructure
element 110(a)(2)(C). These four
revisions are related to 1) the Ozone
Implementation NSR Update (November
29, 2005, 70 FR 71612); 2) the
‘‘Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring
Rule’’ (June 3, 2010, 75 FR 31514); 3)
the NSR PM2.5 Rule (May 16, 2008, 73
FR 28321); 5 and 4) the final rulemaking
entitled ‘‘Final Rule Prevention of
Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant monitoring Concentration
(SMC): Final Rule’’ hereafter referred to
as ‘‘PM2.5 PSD Increment-SILs-SMC
Rule’’ (75 FR 64864).
The first necessary revision to the
Tennessee SIP (Ozone Implementation
NSR Update revision) was submitted by
TDEC on May 28, 2009. This revision
5 On January 4, 2013, the U.S. Court of Appeals,
in Natural Resources Defense Council v. EPA, No.
08–1250, 2013 WL 45653 (D.C. Cir., filed July 15,
2008) (consolidated with 09–1102, 11–1430), issued
a judgment that remanded EPA’s 2007 and 2008
rules implementing the 1997 PM2.5 NAAQS. The
court ordered EPA to ‘‘repromulgate these rules
pursuant to Subpart 4 consistent with this
opinion.’’ Id. at * 8. Subpart 4 of Part D, Title 1 of
the CAA establishes additional provisions for
particulate matter nonattainment areas.
The 2008 implementation rule addressed by the
court decision, ‘‘Implementation of New Source
Review (NSR) Program for Particulate Matter Less
Than 2.5 Micrometers (PM2.5),’’ 73 FR 28321 (May
16, 2008), promulgated NSR requirements for
implementation of PM2.5 in both nonattainment
areas (nonattainment NSR) and attainment/
unclassifiable areas (PSD). As the requirements of
Subpart 4 only pertain to nonattainment areas, EPA
does not consider the portions of the 2008 rule that
address requirements for PM2.5 attainment and
unclassifiable areas to be affected by the court’s
opinion. Moreover, EPA does not anticipate the
need to revise any PSD requirements promulgated
in the 2008 rule in order to comply with the court’s
decision. Accordingly, EPA’s approval in part and
conditional approval in part of Tennessee’s
infrastructure SIP as to elements (C), (D)(i)(II), or (J)
with respect to the PSD requirements promulgated
by the 2008 implementation rule does not conflict
with the court’s opinion.
The court’s decision with respect to the
nonattainment NSR requirements promulgated by
the 2008 implementation rule also does not affect
EPA’s action on the present infrastructure action.
EPA interprets the Act to exclude nonattainment
area requirements, including requirements
associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years
after adoption or revision of a NAAQS. Instead,
these elements are typically referred to as
nonattainment SIP or attainment plan elements,
which would be due by the dates statutorily
prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations
for some elements.
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modified provisions of the State’s
implementation plan at Chapter 1200–
3–9, Construction and Operating
Permits, in order to meet the applicable
requirements of the Ozone
Implementation NSR Update. EPA
approved this revision on February 7,
2012. See 77 FR 6016.
The second necessary revision
pertains to changes in the PSD program
that were promulgated in the
Greenhouse Gas (GHG) Tailoring Rule.
TDEC submitted a revision to EPA on
January 11, 2012, to address these
changes. The revision establishes
appropriate emission thresholds for
determining which new stationary
sources and modification projects
become subject to Tennessee’s PSD
permitting requirements for their GHG
emissions, and thereby addresses the
thresholds for GHG permitting
applicability in Tennessee. EPA
approved this revision on February 28,
2012. See 77 FR 11744.
The third necessary revision pertains
to the adoption of PSD and
Nonattainment New Source Review
(NNSR) requirements related to the
implementation of the NSR PM2.5 Rule.
On July 29, 2011, TDEC submitted
revisions to its PSD/NSR regulations for
EPA approval to revise the Tennessee
SIP in Chapter 1200–03–09–.01,
Construction Permits. This revision
addresses the required federal PSD and
NNSR permitting provisions governing
the implementation of the NSR program
for PM2.5 as promulgated in the NSR
PM2.5 Rule. See 73 FR 28321 (May 16,
2008). EPA finalized approval of
Tennessee’s July 29, 2011, submittal on
July 30, 2012. See 77 FR 44481.
The fourth necessary revision pertains
to the increments portion of the PM2.5
PSD Increment-SILs-SMC Rule. This
rule requires states to regulate the
construction and modification of any
major stationary source locating in an
attainment or unclassifiable area, where
the source’s emissions may cause or
contribute to a violation of the NAAQS.
Currently, Tennessee’s SIP does not
contain provisions to address this
requirement. On October 4, 2012,
Tennessee submitted a letter to EPA
with a schedule and commitment to
approve the necessary specific
enforceable SIP revision to address its
SIP deficiencies related to the October
20, 2010, PSD PM2.5 Increments, SILs
and SMC Rule increments requirements.
The Tennessee letter, which commits
the State to submitting this revision to
EPA within one year, can be accessed at
www.regulations.gov using Docket ID
No. EPA–R04–OAR–2012–0582. Based
on Tennessee’s commitment, EPA is
proposing to conditionally approve the
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portion of section 110(a)(2)(C) related to
the increments requirements of the
PM2.5 Increments, SILs and SMC Rule
consistent with section 110(k)(4) of the
Act. Failure by Tennessee to provide
this revision by March 6, 2014 would
automatically result in the conditional
approval converting to a disapproval.
Should that occur, EPA would provide
the public with notice of such a
disapproval in the Federal Register.
As described above, EPA is also
proposing, in the alternative, to approve
section 110(a)(2)(C) related to the
increments requirements of the PM2.5
Increments, SILs and SMC Rule. In this
action, EPA is proposing to approve in
part, and in the alternative conditionally
approve in part, Tennessee’s
infrastructure SIP for the 2008 lead
NAAQS with respect to the general
requirement in section 110(a)(2)(C) to
include a program in the SIP that
regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. Minor sources are subject to
the statutory requirements in section
110(a)(2)(C) of the CAA which requires
‘‘ * * * regulations of the modification
and construction of any stationary
source * * * as necessary to assure that
the NAAQS are achieved.’’ These
programs should be established in each
state within 3 years of the promulgation
of a new revised NAAQS, and may be
particularly important because virtually
all sources of lead are minor sources.
EPA has made the preliminary
determination that Tennessee’s SIP
(with the exception of the requirements
related to PM2.5 increments) and
practices are adequate for program
enforcement of control measures
including review of proposed new
sources related to the 2008 lead
NAAQS.
Should Tennessee submit its revision
to address the applicable portions of
this Rule before EPA finalizes a
conditional approval this portion of
section 110(a)(2)(C), EPA intends
finalize full approval for this section.6
In the event, EPA does not approve the
increments portion of Tennessee PSD
PM2.5 Increments, SILs and SMC Rule
revision into the SIP prior to final action
on the State’s infrastructure SIP, EPA
intends to finalize a conditional approve
of this section 110(a)(2)(C)
requirements.
Collectively, the above-described SIP
revisions address requisite requirements
of infrastructure element 110(a)(2)(C)
6 Full approval of this section would require EPA
to take final action approving the increment
portions of Tennessee’s PSD PM2.5 Increments, SILs
and SMC Rule revision prior to, or concurrently
with, final action to approve section 110(a)(2)(C).
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and are necessary for today’s
rulemaking to propose approval of
infrastructure SIP element 110(a)(2)(C).
EPA also notes that today’s action is not
proposing to approve or disapprove the
State’s existing minor NSR program
itself to the extent that it is inconsistent
with EPA’s regulations governing this
program. EPA believes that a number of
states may have minor NSR provisions
that are contrary to the existing EPA
regulations for this program. EPA
intends to work with states to reconcile
state minor NSR programs with EPA’s
regulatory provisions for the program.
The statutory requirements of section
110(a)(2)(C) provide for considerable
flexibility in designing minor NSR
programs, and EPA believes it may be
time to revisit the regulatory
requirements for this program to give
the states an appropriate level of
flexibility to design a program that
meets their particular air quality
concerns, while assuring reasonable
consistency across the country in
protecting the NAAQS with respect to
new and modified minor sources.
4. 110(a)(2)(D)(i) and (ii) Interstate
and International transport provisions:
EPA is proposing to approve, and in the
alternative conditionally approve in
part, Tennessee’s infrastructure SIP for
the 2008 lead NAAQS with respect to
section 110(a)(2)(D)(i) to include a
program in the SIP that regulates the
modification and construction of any
stationary source subject to PSD as
necessary to assure that the NAAQS are
achieved. Specifically, as mentioned
above, in this action, EPA is proposing
to approve in part and in the alternative,
conditionally approve in part
Tennessee’s infrastructure SIP for the
2008 Lead NAAQS related to the PM2.5
PSD increments and with respect to the
general requirement in section
110(a)(2)(D)(i) to include a program in
the SIP that regulates the modification
and construction of any stationary
source as necessary to assure that the
NAAQS are achieved. Minor sources are
subject to the statutory requirements in
section 110(a)(2)(C) of the CAA which
requires ‘‘* * * regulations of the
modification and construction of any
stationary source * * * as necessary to
assure that the NAAQS are achieved.’’
These programs should be established
in each state within 3 years of the
promulgation of a new revised NAAQS,
and may be particularly important
because virtually all sources of lead are
minor sources.
Chapter 1200–9–.01(5) Growth Policy;
1200–3–9–.01(4) Prevention of
Significant Deterioration of Air Quality;
and Chapter 1200–3–22 Lead Emission
of the Tennessee SIP outline how the
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State will notify neighboring states of
potential impacts from new or modified
sources. Section 110(a)(2)(D)(i) provides
for infrastructure SIPs to include
provisions prohibiting any source or
other type of emissions activity in one
state from contributing significantly to
nonattainment, or interfering with
maintenance, of the NAAQS in another
state. The preceding requirements, from
subsection 110(a)(2)(D)(i)(I),
respectively refer to what may be called
prongs 1 and 2. The physical properties
of lead prevent lead emission from
experiencing that same travel or
formation phenomena as PM2.5 and
ozone for interstate transport as outlined
in prongs 1 and 2. More specifically,
there is a sharp decrease in the lead
concentrations, at least in the coarse
fraction, as the distance from a lead
source increases. EPA believes that the
requirements of prongs 1 and 2 can be
satisfied through a state’s assessment as
to whether a lead source located within
its State in close proximity to a state
border has emissions that contribute
significantly to the nonattainment or
interfere with maintenance of the
NAAQS in the neighboring state.7
Tennessee has two lead sources that
have emissions of lead over 0.5 tons per
year (tpy). Both sources are located well
beyond 2 miles from the State border.8
Therefore, EPA has made the
preliminary determination that
Tennessee’s SIP meets the requirements
of section 110(a)(2)(D)(i)(I).
Section 110(a)(2)(D)(i)(II), as it relates
to PSD requirements, (referred to as
prong 3) may be met by the State’s
confirmation in an infrastructure SIP
submission that new major sources and
major modifications in the state are
subject to PSD and (if the state contains
a nonattainment area for the relevant
pollutant) NNSR programs that
implement the 2008 Lead NAAQS.
As discussed above in the discussion
for the PSD requirements of section
110(a)(2)(C), Tennessee’s SIP currently
contains three of the four necessary
provisions for the State’s PSD program.9
7 For example EPA’s experience with the initial
lead designations suggest that sources that emit less
than 0.5 tpy or that are located more than two miles
from the state border generally appear unlikely to
contribute significantly to the nonattainment in
another state.
8 The first facility, Exide Technologies, is located
at 364 Exide Drive in Bristol Tennessee, which is
approximately 5 miles from the nearest border. The
second facility is Gerdau Ameristeel, located at
4615 Coster Road NE in Knoxville, Tennessee,
which is approximately 100 miles from the nearest
border.
9 (1) EPA’s approval of Tennessee’s PSD/NSR
regulations which address the Ozone
Implementation NSR Update requirements, (2)
EPA’s approval of Tennessee’s PSD GHG Tailoring
Rule revisions which addresses the thresholds for
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On October 4, 2012, Tennessee
submitted a letter to EPA with a
schedule and commitment to provide
the necessary SIP revision to address its
SIP deficiencies related to the October
20, 2010, PSD PM2.5 Increments, SILs,
and SMC Rule requirements. Based on
Tennessee’s commitment, EPA is
proposing to conditionally approve the
portion section 110(a)(2)(D)(i)(II),
related to the increments requirements
of the PM2.5 Increments, SILs and SMC
Rule consistent with section 110(k)(4) of
the Act. EPA’s proposed conditional of
prong 3, if finalized, would obligate
Tennessee to provide the SIP revision to
address the increment portion of the
PSD PM2.5 Increments, SILs and SMC
Rule by March 6, 2014. Failure by
Tennessee to provide this revision by
that date would automatically result in
such a conditional approval converting
to a disapproval. Should that occur,
EPA would provide the public with
notice of such a disapproval in the
Federal Register.
EPA is also today proposing full
approval of prong 3. In the event that
Tennessee submits a revision to address
increments portion of the PSD PM2.5
Increments, SILs and SMC Rule, and
EPA approves that submission prior to
finalizing this infrastructure SIP action,
EPA believes Tennessee’s 2008 Lead
infrastructure SIP for prong 3 of section
110(a)(2)(D)(i) will then be fully
approvable.
With regard to section
110(a)(2)(D)(i)(II), the visibility subelement, referred to as prong 4,
significant impacts from lead emissions
from stationary sources are expected to
be limited to short distances from the
source. Lead stationary sources in
Tennessee are located at distances from
Class I areas such that visibility impacts
are negligible. Where a state’s regional
haze SIP has been approved as meeting
all current obligations, EPA has
determined that such an approved plan
demonstrates compliance with the
prong 4 requirements. EPA completed a
limited approval and limited
disapproval of Tennessee’s regional
haze SIP,10 with the exception of the
GHG permitting applicability in Tennessee, and (3)
EPA’s approval of Tennessee’s NSR PM2.5 Rule,
which adopts required federal PSD and NNSR
permitting provisions governing the
implementation of the NSR program for PM2.5 as
promulgated in the NSR PM2.5 Rule.
For additional detailed information on these
requirements, see section 3 above.
10 Refer to EPA’s proposed rulemaking entitled
‘‘Approval and Promulgation of Implementation
Plans: Region 4 States; 110(a)(2)(D)(i)(II)
Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air
Quality Standards,’’ for more detailed information
in support of EPA’s proposed approval of
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best available retrofit technology
(BART) for the Eastman Chemical
Company portion, on April, 24, 2012.
See 77 FR 24392. On November 27,
2012, EPA approved the Eastman
Chemical Company BART portion of
Tennessee’s regional haze submittal. See
77 FR 70689.
With regard to the requirements of
section 110(a)(2)(D)(ii), Tennessee does
not have any pending obligation under
sections 115 and 126 of the CAA. With
the exception of section
110(a)(2)(D)(i)(II), related to PSD, EPA
has made the preliminary determination
that Tennessee’s SIP and practices are
adequate for insuring compliance with
the applicable requirements relating to
interstate and international pollution
abatement for the 2008 lead NAAQS.
For the reasons described above, EPA is
proposing full approval of section
110(a)(2)(D), and in the alternative,
conditional approval of section
110(a)(2)(D)(i) prong 3 related to the
increment requirements of the PSD
PM2.5 Increments, SILs and SMC Rule.
5. 110(a)(2)(E) Adequate resources:
Section 110(a)(2)(E) requires that each
implementation plan provide (i)
necessary assurances that the State will
have adequate personnel, funding, and
authority under state law to carry out its
implementation plan, (ii) that the State
comply with the requirements
respecting State Boards pursuant to
section 128 of the Act, and (iii)
necessary assurances that, where the
State has relied on a local or regional
government, agency, or instrumentality
for the implementation of any plan
provision, the State has responsibility
for ensuring adequate implementation
of such plan provisions. EPA is
proposing to approve Tennessee’s SIP as
meeting the requirements of sections
110(a)(2)(E)(i) and (iii). With respect to
section 110(a)(2)(E)(ii) (regarding state
boards), EPA is proposing to approve,
and in the alternative conditionally
approve in part, this sub-element. EPA’s
rationale for today’s proposals
respecting each section of 110(a)(2)(E) is
described in turn below.
With respect to sections 110(a)(2)(E)(i)
and (iii), TDEC, through the Tennessee
Air Pollution Control Board, is
responsible for promulgating rules and
regulations for the NAAQS, emissions
standards general policies, a system of
permits, fee schedules for the review of
plans, and other planning needs. As
evidence of the adequacy of TDEC’s
resources regarding sections
110(a)(2)(E)(i) and (iii), EPA submitted a
Tennessee’s 2008 lead infrastructure submission as
it relates to visibility. See 78 FR 11805 (February
20, 2013).
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letter to Tennessee on April 24, 2012,
outlining 105 grant commitments and
current status of these commitments for
fiscal year 2011. The letter EPA
submitted to Tennessee can be accessed
at www.regulations.gov using Docket ID
No. EPA–R04–OAR–2012–0582.
Annually, states update these grant
commitments based on current SIP
requirements, air quality planning, and
applicable requirements related to the
NAAQS. There were no outstanding
issues in relation to the SIP for fiscal
year 2011, therefore, Tennessee’s grants
were finalized and closed out. EPA has
made the preliminary determination
that Tennessee has adequate resources
for implementation of the 2008 Lead
NAAQS.
With respect to section
110(a)(2)(E)(ii), EPA is proposing to
approve, and in the alternative, to
conditionally approve in part
Tennessee’s infrastructure SIP as to this
requirement. Section 110(a)(2)(E)(ii)
provides that infrastructure SIPs must
require compliance with section 128 of
CAA requirements respecting State
boards. Section 128, in turn, provides at
subsection (a)(1) that each SIP shall
require that any board or body which
approves permits or enforcement orders
shall be subject to the described public
interest and income restrictions therein.
Subsection 128(a)(2) 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.
EPA believes the Tennessee SIP
currently meets the requirements of
section 110(a)(2)(E)(ii) with respect to
section 128(a)(2) obligations, but does
not meet the section 128(a)(1)
obligations. To address section 128(a)(2)
requirements, the provisions of
Tennessee Rule Chapter 1200–3–17
have been incorporated into the
Tennessee SIP. See 67 FR 55322.
Regarding section 128(a)(1)
requirements, Tennessee previously
committed to adopt specific enforceable
measures into its SIP within one year to
address the applicable portions of
section 128(a)(1) for the infrastructure
SIP of another NAAQS. Tennessee’s
section 128(a)(1) commitment letter to
EPA, dated March 28, 2012, can be
accessed at www.regulations.gov using
docket ID No. EPA–R04–OAR–2011–
0353. Based upon that commitment, on
July 23, 2012, EPA took final action to
conditionally approve infrastructure
sub-element 110(a)(2)(E)(ii) regarding
section 128(a)(1) requirements for
purposes of the 1997 8-hour Ozone
NAAQS. See 77 FR 42997. EPA is today
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proposing to conditionally approve
Tennessee’s 2008 Lead infrastructure
SIP for section 110(a)(2)(E)(ii) related to
the section 128(a)(1) requirements based
upon the State’s earlier commitment to
adopt the specific enforceable measures
by July 23, 2013.11 Failure by the State
to adopt these provisions and submit
them to EPA for incorporation into the
SIP by July 23, 2013, would result in
today’s conditional approval being
treated as a disapproval. Should that
occur, EPA would provide the public
with notice of such a disapproval in the
Federal Register.
As with the conditional approvals
proposed in this action, EPA is also
proposing, in the alternative, to fully
approve infrastructure section
110(a)(2)(E)(ii) regarding section
128(a)(1) requirements. In the event that
Tennessee submits a revision to address
the section 128(a)(1) requirements, and
EPA approves that submission prior to
finalizing this infrastructure SIP action,
EPA believes Tennessee’s 2008 Lead
infrastructure SIP for section
110(a)(2)(E)(ii) will then be fully
approvable. EPA has made the
preliminary determination that
Tennessee, once the above described
changes have been incorporated into the
SIP, will have adequate resources for
implementation of 2008 Lead NAAQS.
6. 110(a)(2)(F) Stationary source
monitoring system: Tennessee’s
infrastructure submission describes how
the State has established requirements
for compliance testing by emissions
sampling and analysis, and for
emissions and operation monitoring to
ensure the quality of data in the State.
TDEC uses these data to track progress
towards maintaining the NAAQS,
develop control and maintenance
strategies, identify sources and general
emission levels, and determine
compliance with emission regulations
and additional EPA requirements. These
requirements are provided in Chapter
1200–3–10, Required Sampling,
Recording and Reporting, of the
Tennessee SIP.
Additionally, Tennessee is required to
submit emissions data to EPA for
purposes of the National Emissions
Inventory (NEI). The NEI is EPA’s
central repository for air emissions data.
EPA published the Air Emissions
Reporting Rule (AERR) on December 5,
2008, which modified the requirements
for collecting and reporting air
emissions data (73 FR 76539). The
11 July 23, 2012, is one year from the approval
date of EPA’s final rulemaking to conditionally
approve sub-section 110(a)(2)(E)(ii) regarding
section 128(a)(1) for purposes of the 1997 8-hour
Ozone NAAQS.
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AERR shortened the time states had to
report emissions data from 17 to 12
months, giving states one calendar year
to submit emissions data. All states are
required to submit a comprehensive
emissions inventory every three years
and report emissions for certain larger
sources annually through EPA’s online
Emissions Inventory System. States
report emissions data for the six criteria
pollutants and their associated
precursors—nitrogen oxides, sulfur
dioxide, ammonia, lead, carbon
monoxide, particulate matter, and
volatile organic compounds. Many
states also voluntarily report emissions
of hazardous air pollutants. Tennessee
made its latest update to the NEI on
September 11, 2012. EPA compiles the
emissions data, supplementing it where
necessary, and releases it to the general
public through the Web site https://
www.epa.gov/ttn/chief/
eiinformation.html. EPA has made the
preliminary determination that
Tennessee’s SIP and practices are
adequate for the stationary source
monitoring systems related to the 2008
lead NAAQS.
7. 110(a)(2)(G) Emergency power:
Chapter 1200–3–15, Emergency Episode
Requirements, of the Tennessee SIP
identifies air pollution emergency
episodes and preplanned abatement
strategies. These criteria have
previously been approved by EPA. EPA
has made the preliminary determination
that Tennessee’s SIP and practices are
adequate for emergency powers related
to the 2008 Lead NAAQS.
8. 110(a)(2)(H) Future SIP revisions:
As previously discussed, TDEC is
responsible for adopting air quality
rules and revising SIPs as needed to
attain or maintain the NAAQS.
Tennessee has the ability and authority
to respond to calls for SIP revisions, and
has provided a number of SIP revisions
over the years for implementation of the
NAAQS.
Tennessee has one area, Bristol, TN,
that is designated as nonattainment for
the 2008 Lead NAAQS. On August 29,
2012, EPA finalized a clean data
determination for Bristol, TN. See 77 FR
52232. This determination of attaining
data is based upon complete, qualityassured and certified ambient air
monitoring data for the 2009–2011
period showing that the Area has
monitored attainment of the 2008 Lead
NAAQS. Additionally, as a result of this
determination, the requirements for the
Area to submit an attainment
demonstration, together with reasonably
available control measures, a reasonable
further progress (RFP) plan, and
contingency measures for failure to meet
RFP and attainment deadlines are
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suspended for so long as the Area
continues to attain the 2008 Lead
NAAQS. EPA has made the preliminary
determination that Tennessee’s SIP and
practices adequately demonstrate a
commitment to provide future SIP
revisions related to the 2008 Lead
NAAQS when necessary.
9. 110(a)(2)(J). EPA is proposing to
approve in part, and conditionally
approve in part to approve Tennessee’s
infrastructure SIP for the 2008 lead
NAAQS with respect to the general
requirement in section 110(a)(2)(J) to
include a program in the SIP that
provides for meeting the applicable
consultation requirements of section
121, the public notification
requirements of section 127; and the
PSD and visibility protection
requirements of part C of the Act.
110(a)(2)(J) (121 consultation)
Consultation with government officials:
Chapter 1200–3–9 Construction and
Operating Permits, as well as the
Regional Haze Implementation Plan
(which allows for consultation between
appropriate state, local, and tribal air
pollution control agencies as well as the
corresponding Federal Land Managers),
provide for consultation with
government officials whose jurisdictions
might be affected by SIP development
activities. Tennessee adopted state-wide
consultation procedures for the
implementation of transportation
conformity. These consultation
procedures include considerations
associated with the development of
mobile inventories for SIPs.
Implementation of transportation
conformity as outlined in the
consultation procedures requires TDEC
to consult with federal, state and local
transportation and air quality agency
officials on the development of motor
vehicle emissions budgets. EPA
approved Tennessee’s consultation
procedures on May 16, 2003 (68 FR
26492). While transportation conformity
requirements do not apply for lead
because of the nature of the standard,
the consultation procedures that TDEC
has in place to implement
transportation conformity requirements
provides evidence of the State’s ability
to consult with other governmental
agencies on air quality issues. EPA has
made the preliminary determination
that Tennessee’s SIP and practices
adequately demonstrate consultation
with government officials related to the
2008 Lead NAAQS when necessary.
110(a)(2)(J) (127 public notification)
Public notification: Chapter 1200–3–15,
Emergency Episode Requirements,
requires that TDEC notify the public of
any air pollution episode or NAAQS
violation. EPA has made the
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preliminary determination that
Tennessee’s SIP and practices
adequately demonstrate the State’s
ability to provide public notification
related to the 2008 Lead NAAQS when
necessary.
110(a)(2)(J) (Part C) PSD and visibility
protection: In this action, EPA is
proposing to approve in part, and
conditionally approve in part
Tennessee’s infrastructure SIP for the
2008 lead NAAQS with respect to the
general requirement in section
110(a)(2)(J) to include a program in the
SIP that regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. Chapter 1200–3–9,
Construction and Operating Permits, of
Tennessee’s SIP pertains to the
construction of any new major
stationary source or any project at an
existing major stationary source in an
area designated as nonattainment,
attainment or unclassifiable. Chapter
1200–3–22, Lead Emission Standards,
of Tennessee’s SIP, published on August
12, 1985, specifies requirements for
Reasonably Available Control
Technology for significant existing
sources of lead (October 29, 2001, 66 FR
44632). There are four other revisions to
the Tennessee SIP that are necessary to
meet the requirements of infrastructure
element 110(a)(2)(C). These four
revisions are related to the Ozone
Implementation NSR Update (November
29, 2005, 70 FR 71612), the ‘‘Prevention
of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule’’ (June 3,
2010, 75 FR 31514), the NSR PM2.5 Rule
(May 16, 2008, 73 FR 28321), and PM2.5
PSD Increment-SILs-SMC Rule (October
20, 2010, 75 FR 64864).
Tennessee’s SIP contains provisions
for the State’s PSD program for three of
the four program requirements.12 On
October 4, 2012, Tennessee submitted a
letter to EPA with a schedule and
commitment to provide the necessary
SIP revision to address its SIP
deficiencies related to the October 20,
2010, final rulemaking related to PSD
PM2.5 Increments, SILs, and SMC Rule
requirements. Based on Tennessee’s
commitment, EPA is proposing to
conditionally approve section
12 (1) EPA’s approval of Tennessee’s PSD/NSR
regulations which address the Ozone
Implementation NSR Update requirements, (2)
EPA’s approval of Tennessee’s PSD GHG Tailoring
Rule revisions which addresses the thresholds for
GHG permitting applicability in Tennessee, and (3)
EPA’s approval of Tennessee’s NSR PM2.5 Rule,
which adopts required federal PSD and NNSR
permitting provisions governing the
implementation of the NSR program for PM2.5 as
promulgated in the NSR PM2.5 Rule.
For additional detailed information on these
requirements, see section 3 above.
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110(a)(2)(J), related to PSD consistent
with section 110(k)(4) of the Act.
These SIP revisions 13 address
requisite requirements of infrastructure
element 110(a)(2)(J) and are necessary
for today’s rulemaking to propose to
approve, in part, and conditionally
approve, in part, infrastructure SIP
element 110(a)(2)(J). EPA also notes that
today’s action is not proposing to
approve or disapprove the State’s
existing minor NSR program itself to the
extent that it is inconsistent with EPA’s
regulations governing this program. EPA
believes that a number of states may
have minor NSR provisions that are
contrary to the existing EPA regulations
for this program. EPA intends to work
with states to reconcile state minor NSR
programs with EPA’s regulatory
provisions for the program. The
statutory requirements of section
110(a)(2)(J) provide for considerable
flexibility in designing minor NSR
programs, and EPA believes it may be
time to revisit the regulatory
requirements for this program to give
the states an appropriate level of
flexibility to design a program that
meets their particular air quality
concerns, while assuring reasonable
consistency across the country in
protecting the NAAQS with respect to
new and modified minor sources.
In this action, EPA is also proposing
to conditionally approve Tennessee’s
infrastructure SIP for the 2008 Lead
NAAQS with respect to the general
requirement in section 110(a)(2)(J) to
include a program in the SIP that
regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. Minor sources are subject to
the statutory requirements in section
110(a)(2)(C) of the CAA which requires
‘‘* * * regulations of the modification
and construction of any stationary
source * * * as necessary to assure that
the NAAQS are achieved.’’ These
programs should be established in each
state within 3 years of the promulgation
13 (1) EPA’s approval of Tennessee’s PSD/NSR
regulations which address the Ozone
Implementation NSR Update requirements, (2)
EPA’s approval of Tennessee’s PSD GHG Tailoring
Rule revisions which addresses the thresholds for
GHG permitting applicability in Tennessee, (3)
EPA’s approval of Tennessee’s NSR PM2.5 Rule,
which adopts required federal PSD and NNSR
permitting provisions governing the
implementation of the NSR program for PM2.5 as
promulgated in the NSR PM2.5 Rule, and (4) EPA’s
proposed conditional approval of Tennessee’s PSD
PM2.5 Increments, SILs, and SMC rulemaking which
addresses rules that regulate the construction and
modification of any major stationary source locating
in an attainment or unclassifiable area, where the
source’s emissions may cause or contribute to a
violation of the NAAQS.
.
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of a new revised NAAQS, and may be
particularly important because virtually
all sources of lead are minor sources.
EPA has made the preliminary
determination that Tennessee’s SIP and
practices are adequate for program
enforcement of control measures
including review of proposed new
sources related to the 2008 lead
NAAQS.
With regard to the applicable
requirements for visibility protection,
EPA recognizes that states are subject to
visibility and regional haze program
requirements under part C of the Act
(which includes sections 169A and
169B). In the event of the establishment
of a new NAAQS, however, the
visibility and regional haze program
requirements under part C do not
change. Thus, EPA finds that there is no
new visibility obligation ‘‘triggered’’
under section 110(a)(2)(J) when a new
NAAQS becomes effective. This would
be the case even in the event a
secondary PM2.5 NAAQS for visibility is
established, because this NAAQS would
not affect visibility requirements under
part C. Tennessee has submitted SIP
revisions for approval to satisfy the
requirements of the CAA Section 169A
and 169B, and the regional haze and
best available retrofit technology rules
contained in 40 CFR 51.308. On April
24, 2012, EPA published a final
rulemaking regarding Tennessee’s
regional haze program. See 77 FR 24392.
On November 27, 2012, EPA approved
the Eastman Chemical Company BART
portion of Tennessee’s regional haze
submittal. See 77 FR 70689. EPA has
made the preliminary determination
that Tennessee’s SIP and practices
adequately demonstrate the State’s
ability to implement PSD programs and
to provide for visibility protection
related to the 2008 Lead NAAQS when
necessary.
10. 110(a)(2)(K) Air quality and
modeling/data: Chapter 1200–3–9–
.01(4)(k), Air Quality Models, of the
Tennessee SIP specify that required air
modeling be conducted in accordance
with 40 CFR Part 51, Appendix W
‘‘Guideline on Air Quality Models,’’ as
incorporated into the Tennessee SIP.
These standards demonstrate that
Tennessee has the authority to provide
relevant data for the purpose of
predicting the effect on ambient air
quality of the Lead NAAQS.
Additionally, Tennessee supports a
regional effort to coordinate the
development of emissions inventories
and conduct regional modeling for
several NAAQS, including the Lead
NAAQS, for the southeastern states.
Taken as a whole, Tennessee’s air
quality regulations and practices
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17175
demonstrate that TDEC has the
authority to provide relevant data for
the purpose of predicting the effect on
ambient air quality of the Lead NAAQS.
EPA has made the preliminary
determination that Tennessee’s SIP and
practices adequately demonstrate the
State’s ability to provide for air quality
and modeling, along with analysis of the
associated data, related to the 2008 Lead
NAAQS when necessary.
11. 110(a)(2)(L) Permitting fees: As
discussed above, Tennessee’s SIP
provides for the review of construction
permits. Permitting fees in Tennessee
are collected through the State’s
federally-approved title V fees program
and consistent with Chapter 1200–03–
26-.02, Permit-Related Fees, of the
Tennessee Code. EPA has made the
preliminary determination that
Tennessee’s SIP and practices
adequately provide for permitting fees
related to the 2008 Lead NAAQS when
necessary.
12. 110(a)(2)(M) Consultation/
participation by affected local entities:
Chapter 1200–3–9–.01(4)(k), Public
Participation, of the Tennessee SIP
requires that TDEC notify the public of
an application, preliminary
determination, the activity or activities
involved in the permit action, any
emissions change associated with any
permit modification, and the
opportunity for comment prior to
making a final permitting decision. By
way of example, TDEC has recently
worked closely with local political
subdivisions during the development of
its Transportation Conformity SIP,
Regional Haze Implementation Plan,
and Early Action Compacts. EPA has
made the preliminary determination
that Tennessee’s SIP and practices
adequately demonstrate consultation
with affected local entities related to the
2008 Lead NAAQS when necessary.
V. Proposed Action
EPA is proposing alternative actions
to (1) approve in full and (2) approve in
part and conditionally approve in part.
With the exception of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) related to
PSD, 110(a)(2)(E)(ii), and 110(a)(2)(J)
related to PSD, EPA is proposing to
determine that Tennessee’s
infrastructure submission, provided to
EPA on October 19, 2009, addressed the
required infrastructure elements for the
2008 Lead NAAQS. EPA is proposing to
approve in part and conditionally
approve in part, Tennessee’s SIP
submission consistent with section
110(k)(3) of the CAA.
As described above, with the
exception of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) related to PSD,
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
110(a)(2)(E)(ii) (as it relates to section
128(a)(1), and 110(a)(2)(J) related to PSD
TDEC has addressed the elements of the
CAA 110(a)(1) and (2) SIP requirements
pursuant to section 110 of the CAA to
ensure that the 2008 lead NAAQS are
implemented, enforced, and maintained
in Tennessee. With respect to sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) related to
PSD, and 110(a)(2)(J) related to PSD,
EPA is proposing to conditionally
approve Tennessee’s infrastructure SIP
based on an October 4, 2012,
commitment that TDEC will provide the
necessary SIP revision to address its SIP
deficiencies related to the October 20,
2010, final rulemaking related to PSD
PM2.5 Increments, SILs, and SMC Rule
requirements. With respect to section
110(a)(2)(E)(ii) (referencing section 128
of the CAA), EPA is proposing to
conditionally approve Tennessee’s
infrastructure SIP based on a March 28,
2012, commitment that TDEC will adopt
specific enforceable measures into its
SIP and submit these revisions to EPA
July 23, 2013, to address the applicable
portions of section 128. EPA intends to
move forward with finalizing the
conditional approval for these elements
consistent with section 110(k)(4) of the
Act. EPA is also proposing to approve
Tennessee’s infrastructure submission
for the 2008 Lead NAAQS, with the
exception of section 110(a)(2)(E)(ii),
because its October 19, 2009,
submission is consistent with section
110 of the CAA.
VI. 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.);
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• 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, and Recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013–06418 Filed 3–19–13; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2012–016; Docket 2012–0016;
Sequence 1]
RIN 9000–AM50
Federal Acquisition Regulation;
Defense Base Act
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to clarify
contractor and subcontractor
responsibilities to obtain workers’
compensation insurance or to qualify as
a self-insurer, and other requirements,
under the terms of the Longshore and
Harbor Workers’ Compensation Act as
extended by the Defense Base Act.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before May 20, 2013
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to FAR Case 2012–016 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2012–016.’’
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘FAR Case 2012–
016.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FAR Case 2012–
016’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAR Case 2012–016, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
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]]>Agencies
[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Proposed Rules]
[Pages 17168-17176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06418]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0582; FRL-9792-6]
Approval and Promulgation of Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve, and in the alternative,
conditionally approve in part, the State Implementation Plan (SIP)
revision, submitted by the State of Tennessee, through the Department
of Environment and Conservation, demonstrating that the State meets the
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or
the Act) for the 2008 Lead 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. Tennessee certified that the Tennessee SIP
contains provisions that ensure the 2008 Lead NAAQS is implemented,
enforced, and maintained in Tennessee (hereafter referred to as an
``infrastructure submission''). EPA is proposing to conditionally
approve portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) related to prevention of significant deterioration (PSD)
requirements, and a portion of section 110(a)(2)(E)(ii) of Tennessee's
October 19, 2009, infrastructure submission. The current Tennessee SIP
does not include provisions to comply with these requirements; however,
Tennessee has committed to submit SIP revisions to address these
deficiencies. EPA is also proposing, in the alternative, to approve the
entire Tennessee SIP, including the sections described above, as
meeting the applicable infrastructure requirements for the 2008 Lead
NAAQS. Should Tennessee submit, and EPA approve, the necessary
provisions to correct the identified infrastructure SIP deficiencies
prior to EPA taking final action on the October 19, 2009,
infrastructure submission, EPA anticipates finalizing full approval of
the infrastructure SIP. If EPA does not approve these necessary
provisions prior to taking final action on the October 19, 2009,
infrastructure submission, EPA anticipates finalizing conditional
approvals for those elements for which the Tennessee infrastructure SIP
remains deficient.
DATES: Written comments must be received on or before April 19, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0582, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2012-0582,'' 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.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0582. 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 through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
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.
[[Page 17169]]
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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in 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: Zuri Farngalo, 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)
562-9152. Mr. Farngalo can be reached via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. Scope of Infrastructure SIPs
IV. What is EPA's analysis of how Tennessee addressed the elements
of sections 110(a)(1) and (2) ``Infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On October 5, 1978, EPA promulgated primary and secondary NAAQS for
Lead under section 109 of the Act. See 43 FR 46246. Both primary and
secondary standards were set at a level of 1.5 micrograms per cubic
meter ([micro]g/m\3\), measured as Lead in total suspended particulate
matter (Pb-TSP), not to be exceeded by the maximum arithmetic mean
concentration averaged over a calendar quarter. This standard was based
on the ``1977 Air Quality Criteria for Lead'' guidance document (USEPA,
August 7, 1977). On November 12, 2008 (75 FR 81126), EPA issued a final
rule to revise the primary and secondary Lead NAAQS. The revised
primary and secondary Lead NAAQS were revised to 0.15 [micro]g/m\3\. By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised NAAQS. Sections 110(a)(1) and (2) require states to
address basic SIP requirements, including emissions inventories,
monitoring, and modeling to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs to EPA no later than
October 15, 2011, for the 2008 Lead NAAQS. Tennessee submitted its
infrastructure SIP for the 2008 Lead NAAQS on October 19, 2009.\1\
---------------------------------------------------------------------------
\1\ On June 27, 2012, the Center for Biological Diversity and
the Center for Environmental Health sued EPA for allegedly failing
to take certain mandatory actions related to the ``infrastructure''
requirements associated with the 2008 Lead NAAQS. Included with this
complaint was EPA's alleged failure to take action on Tennessee's
2008 Lead infrastructure SIP within the applicable statutory
timeframe.
---------------------------------------------------------------------------
Today's action is proposing to approve Tennessee's infrastructure
submission for the 2008 Lead NAAQS. In addition, EPA is also proposing,
in the alternative, to conditionally approve a subset of the sections
required as part of the State's 2008 Lead infrastructure SIP.
Specifically, EPA is also proposing, in the alternative, to
conditionally approve, Tennessee's infrastructure submission for
portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) as they relate to a 2010 PSD rulemaking for Particulate
Matter Less Than 2.5 Micrometers (PM2.5).\2\ In addition,
EPA is also proposing to conditionally approve, in the alternative, the
portion of section 110(a)(2)(E)(ii) pertaining to CAA section 128(a)(1)
significant portion of income requirements. Today's action is not
proposing approval of any specific rule; but rather, proposing that
Tennessee's already approved SIP meets--or in the case of the elements
proposed for conditional approval, will meet, with changes--certain CAA
requirements.
---------------------------------------------------------------------------
\2\ See the final rulemaking entitled ``Final Rule Prevention of
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact
Levels (SILs) and Significant monitoring Concentration (SMC): Final
Rule'' (75 FR 64864).
---------------------------------------------------------------------------
II. What elements are required under sections 110(a)(1) and (2)?
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 2008 Lead NAAQS, states typically have met
the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with the 1978 Lead NAAQS.
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 mentioned above, 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
proposed rulemaking are listed below \3\
[[Page 17170]]
and in EPA's October 14, 2011, memorandum entitled ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements Required Under
Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National
Ambient Air Quality Standards (NAAQS).''
---------------------------------------------------------------------------
\3\ 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 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 proposed
rulemaking does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning requirements of
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, PSD and new source
review (NSR).\4\
---------------------------------------------------------------------------
\4\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate and international transport
provisions.
110(a)(2)(E): Adequate personnel, funding, and authority.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency episodes.
110(a)(2)(H): Future SIP revisions.
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.
III. Scope of Infrastructure SIPs
This rulemaking will not cover four substantive issues that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources (SSM), that may be
contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(director's discretion); (iii) existing provisions for minor source NSR
programs that may be inconsistent with the requirements of the CAA and
EPA's regulations that pertain to such programs (minor source NSR);
and, (iv) existing provisions for PSD programs that may be inconsistent
with current requirements of EPA's ``Final NSR Improvement Rule,'' 67
FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007)
(NSR Reform).
Instead, EPA has indicated that it has other authority to address
any such existing SIP defects in other rulemakings, as appropriate. A
detailed rationale for why these four substantive issues are not part
of the scope of infrastructure SIP rulemakings can be found in EPA's
June 11, 2012, proposed rule entitled, ``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'' in the section entitled, ``Scope of
Infrastructure SIPs'' (See 77 FR 34306). It can also be found in EPA's
August 22, 2012, proposed rule entitled, ``Approval and Promulgation of
Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure
Requirements for the 2008 8-Hour Ozone Matter National Ambient Air
Quality Standards'' in the section entitled, ``Scope of Infrastructure
SIPs.'' See 77 FR 50651.
IV. What is EPA's analysis of how Tennessee addressed the elements of
sections 110(a)(1) and (2) ``Infrastructure'' provisions?
The Tennessee infrastructure submission addresses the provisions of
sections 110(a)(1) and (2) as described below.
1. 110(a)(2)(A): Emission limits and other control measures:
Several regulations within Tennessee's SIP provide Tennessee Air
Pollution Control Regulations relevant to air quality control
regulations. The regulations described below have been federally
approved in the Tennessee SIP and include enforceable emission
limitations and other control measures. Chapters 1200-3-1, General
Provisions; 1200-3-3, Air Quality Standards; 1200-3-22, Lead Emission
Standards; and 1200-3-8, Fugitive Dust Control Regulations of the
Tennessee SIP establish emission limits for lead and address the
required control measures, means, and techniques for compliance with
the 2008 Lead NAAQS. EPA has made the preliminary determination that
the provisions contained in these chapters and Tennessee's practices
are adequate to protect the 2008 Lead NAAQS in the State.
In this action, EPA is not proposing to approve or disapprove any
existing State provisions with regard to excess emissions during SSM of
operations at a facility. EPA believes that a number of states have SSM
provisions which are contrary to the CAA and existing EPA guidance,
``State Implementation Plans: Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown'' (September 20, 1999), and the
Agency plans to address such state regulations in the future. In the
meantime, EPA encourages any state having a deficient SSM provision to
take steps to correct it as soon as possible.
Additionally, in this action, EPA is not proposing to approve or
disapprove any existing State rules with regard to director's
discretion or variance provisions. EPA believes that a number of states
have such provisions which are contrary to the CAA and existing EPA
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to
take action in the future to address such state regulations. In the
meantime, EPA encourages any state having a director's discretion or
variance provision which is contrary to the CAA and EPA guidance to
take steps to correct the deficiency as soon as possible.
2. 110(a)(2)(B) Ambient air quality monitoring/data system:
Tennessee's Air Pollution Control Requirements, Chapter 1200-3-12,
Procedures for Ambient Sampling and Analysis, of the Tennessee SIP,
along with the Tennessee Network Description and Ambient Air Monitoring
Network Plan, provide for an ambient air quality monitoring system in
the State. Annually, EPA approves the ambient air monitoring network
plan for the state agencies. On July 9, 2012, Tennessee submitted its
plan to EPA. On September 21, 2012, EPA approved Tennessee's monitoring
network plan. Tennessee's approved monitoring network plan can be
accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-
0582. EPA has made the preliminary determination that Tennessee's SIP
and practices are adequate for the ambient air quality monitoring and
data system related to the 2008 Lead NAAQS.
3. 110(a)(2)(C) Program for enforcement of control measures
including review of proposed new sources. In this action, EPA is
proposing to approve, and in the alternative, conditionally approve in
part, Tennessee's infrastructure SIP for the 2008 Lead NAAQS with
respect to the general requirement in section 110(a)(2)(C) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. Chapter 1200-3-9, Construction and Operating Permits, of
Tennessee's SIP pertains to the construction of any new major
stationary source or any project at an existing major stationary source
in an area designated as nonattainment, attainment or unclassifiable.
Chapter 1200-3-22, Lead Emission Standards, of Tennessee's SIP,
published on August 12, 1985, specifies requirements for
[[Page 17171]]
Reasonably Available Control Technology for significant existing
sources of Lead (October 29, 2001, 66 FR 44632).
In addition to these requirements, there are four other revisions
to the Tennessee SIP that that are necessary to meet the requirements
of infrastructure element 110(a)(2)(C). These four revisions are
related to 1) the Ozone Implementation NSR Update (November 29, 2005,
70 FR 71612); 2) the ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule'' (June 3, 2010, 75 FR 31514); 3)
the NSR PM2.5 Rule (May 16, 2008, 73 FR 28321); \5\ and 4)
the final rulemaking entitled ``Final Rule Prevention of Significant
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant monitoring Concentration (SMC): Final Rule'' hereafter
referred to as ``PM2.5 PSD Increment-SILs-SMC Rule'' (75 FR
64864).
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\5\ On January 4, 2013, the U.S. Court of Appeals, in Natural
Resources Defense Council v. EPA, No. 08-1250, 2013 WL 45653 (D.C.
Cir., filed July 15, 2008) (consolidated with 09-1102, 11-1430),
issued a judgment that remanded EPA's 2007 and 2008 rules
implementing the 1997 PM2.5 NAAQS. The court ordered EPA
to ``repromulgate these rules pursuant to Subpart 4 consistent with
this opinion.'' Id. at * 8. Subpart 4 of Part D, Title 1 of the CAA
establishes additional provisions for particulate matter
nonattainment areas.
The 2008 implementation rule addressed by the court decision,
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' 73 FR 28321
(May 16, 2008), promulgated NSR requirements for implementation of
PM2.5 in both nonattainment areas (nonattainment NSR) and
attainment/unclassifiable areas (PSD). As the requirements of
Subpart 4 only pertain to nonattainment areas, EPA does not consider
the portions of the 2008 rule that address requirements for
PM2.5 attainment and unclassifiable areas to be affected
by the court's opinion. Moreover, EPA does not anticipate the need
to revise any PSD requirements promulgated in the 2008 rule in order
to comply with the court's decision. Accordingly, EPA's approval in
part and conditional approval in part of Tennessee's infrastructure
SIP as to elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion.
The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 implementation rule also does
not affect EPA's action on the present infrastructure action. EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years after adoption or
revision of a NAAQS. Instead, these elements are typically referred
to as nonattainment SIP or attainment plan elements, which would be
due by the dates statutorily prescribed under subpart 2 through 5
under part D, extending as far as 10 years following designations
for some elements.
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The first necessary revision to the Tennessee SIP (Ozone
Implementation NSR Update revision) was submitted by TDEC on May 28,
2009. This revision modified provisions of the State's implementation
plan at Chapter 1200-3-9, Construction and Operating Permits, in order
to meet the applicable requirements of the Ozone Implementation NSR
Update. EPA approved this revision on February 7, 2012. See 77 FR 6016.
The second necessary revision pertains to changes in the PSD
program that were promulgated in the Greenhouse Gas (GHG) Tailoring
Rule. TDEC submitted a revision to EPA on January 11, 2012, to address
these changes. The revision establishes appropriate emission thresholds
for determining which new stationary sources and modification projects
become subject to Tennessee's PSD permitting requirements for their GHG
emissions, and thereby addresses the thresholds for GHG permitting
applicability in Tennessee. EPA approved this revision on February 28,
2012. See 77 FR 11744.
The third necessary revision pertains to the adoption of PSD and
Nonattainment New Source Review (NNSR) requirements related to the
implementation of the NSR PM2.5 Rule. On July 29, 2011, TDEC
submitted revisions to its PSD/NSR regulations for EPA approval to
revise the Tennessee SIP in Chapter 1200-03-09-.01, Construction
Permits. This revision addresses the required federal PSD and NNSR
permitting provisions governing the implementation of the NSR program
for PM2.5 as promulgated in the NSR PM2.5 Rule.
See 73 FR 28321 (May 16, 2008). EPA finalized approval of Tennessee's
July 29, 2011, submittal on July 30, 2012. See 77 FR 44481.
The fourth necessary revision pertains to the increments portion of
the PM2.5 PSD Increment-SILs-SMC Rule. This rule requires
states to regulate the construction and modification of any major
stationary source locating in an attainment or unclassifiable area,
where the source's emissions may cause or contribute to a violation of
the NAAQS. Currently, Tennessee's SIP does not contain provisions to
address this requirement. On October 4, 2012, Tennessee submitted a
letter to EPA with a schedule and commitment to approve the necessary
specific enforceable SIP revision to address its SIP deficiencies
related to the October 20, 2010, PSD PM2.5 Increments, SILs
and SMC Rule increments requirements. The Tennessee letter, which
commits the State to submitting this revision to EPA within one year,
can be accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-
2012-0582. Based on Tennessee's commitment, EPA is proposing to
conditionally approve the portion of section 110(a)(2)(C) related to
the increments requirements of the PM2.5 Increments, SILs
and SMC Rule consistent with section 110(k)(4) of the Act. Failure by
Tennessee to provide this revision by March 6, 2014 would automatically
result in the conditional approval converting to a disapproval. Should
that occur, EPA would provide the public with notice of such a
disapproval in the Federal Register.
As described above, EPA is also proposing, in the alternative, to
approve section 110(a)(2)(C) related to the increments requirements of
the PM2.5 Increments, SILs and SMC Rule. In this action, EPA
is proposing to approve in part, and in the alternative conditionally
approve in part, Tennessee's infrastructure SIP for the 2008 lead NAAQS
with respect to the general requirement in section 110(a)(2)(C) to
include a program in the SIP that regulates the modification and
construction of any stationary source as necessary to assure that the
NAAQS are achieved. Minor sources are subject to the statutory
requirements in section 110(a)(2)(C) of the CAA which requires `` * * *
regulations of the modification and construction of any stationary
source * * * as necessary to assure that the NAAQS are achieved.''
These programs should be established in each state within 3 years of
the promulgation of a new revised NAAQS, and may be particularly
important because virtually all sources of lead are minor sources. EPA
has made the preliminary determination that Tennessee's SIP (with the
exception of the requirements related to PM2.5 increments)
and practices are adequate for program enforcement of control measures
including review of proposed new sources related to the 2008 lead
NAAQS.
Should Tennessee submit its revision to address the applicable
portions of this Rule before EPA finalizes a conditional approval this
portion of section 110(a)(2)(C), EPA intends finalize full approval for
this section.\6\ In the event, EPA does not approve the increments
portion of Tennessee PSD PM2.5 Increments, SILs and SMC Rule
revision into the SIP prior to final action on the State's
infrastructure SIP, EPA intends to finalize a conditional approve of
this section 110(a)(2)(C) requirements.
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\6\ Full approval of this section would require EPA to take
final action approving the increment portions of Tennessee's PSD
PM2.5 Increments, SILs and SMC Rule revision prior to, or
concurrently with, final action to approve section 110(a)(2)(C).
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Collectively, the above-described SIP revisions address requisite
requirements of infrastructure element 110(a)(2)(C)
[[Page 17172]]
and are necessary for today's rulemaking to propose approval of
infrastructure SIP element 110(a)(2)(C). EPA also notes that today's
action is not proposing to approve or disapprove the State's existing
minor NSR program itself to the extent that it is inconsistent with
EPA's regulations governing this program. EPA believes that a number of
states may have minor NSR provisions that are contrary to the existing
EPA regulations for this program. EPA intends to work with states to
reconcile state minor NSR programs with EPA's regulatory provisions for
the program. The statutory requirements of section 110(a)(2)(C) provide
for considerable flexibility in designing minor NSR programs, and EPA
believes it may be time to revisit the regulatory requirements for this
program to give the states an appropriate level of flexibility to
design a program that meets their particular air quality concerns,
while assuring reasonable consistency across the country in protecting
the NAAQS with respect to new and modified minor sources.
4. 110(a)(2)(D)(i) and (ii) Interstate and International transport
provisions: EPA is proposing to approve, and in the alternative
conditionally approve in part, Tennessee's infrastructure SIP for the
2008 lead NAAQS with respect to section 110(a)(2)(D)(i) to include a
program in the SIP that regulates the modification and construction of
any stationary source subject to PSD as necessary to assure that the
NAAQS are achieved. Specifically, as mentioned above, in this action,
EPA is proposing to approve in part and in the alternative,
conditionally approve in part Tennessee's infrastructure SIP for the
2008 Lead NAAQS related to the PM2.5 PSD increments and with
respect to the general requirement in section 110(a)(2)(D)(i) to
include a program in the SIP that regulates the modification and
construction of any stationary source as necessary to assure that the
NAAQS are achieved. Minor sources are subject to the statutory
requirements in section 110(a)(2)(C) of the CAA which requires ``* * *
regulations of the modification and construction of any stationary
source * * * as necessary to assure that the NAAQS are achieved.''
These programs should be established in each state within 3 years of
the promulgation of a new revised NAAQS, and may be particularly
important because virtually all sources of lead are minor sources.
Chapter 1200-9-.01(5) Growth Policy; 1200-3-9-.01(4) Prevention of
Significant Deterioration of Air Quality; and Chapter 1200-3-22 Lead
Emission of the Tennessee SIP outline how the State will notify
neighboring states of potential impacts from new or modified sources.
Section 110(a)(2)(D)(i) provides for infrastructure SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from contributing significantly to nonattainment, or
interfering with maintenance, of the NAAQS in another state. The
preceding requirements, from subsection 110(a)(2)(D)(i)(I),
respectively refer to what may be called prongs 1 and 2. The physical
properties of lead prevent lead emission from experiencing that same
travel or formation phenomena as PM2.5 and ozone for
interstate transport as outlined in prongs 1 and 2. More specifically,
there is a sharp decrease in the lead concentrations, at least in the
coarse fraction, as the distance from a lead source increases. EPA
believes that the requirements of prongs 1 and 2 can be satisfied
through a state's assessment as to whether a lead source located within
its State in close proximity to a state border has emissions that
contribute significantly to the nonattainment or interfere with
maintenance of the NAAQS in the neighboring state.\7\ Tennessee has two
lead sources that have emissions of lead over 0.5 tons per year (tpy).
Both sources are located well beyond 2 miles from the State border.\8\
Therefore, EPA has made the preliminary determination that Tennessee's
SIP meets the requirements of section 110(a)(2)(D)(i)(I).
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\7\ For example EPA's experience with the initial lead
designations suggest that sources that emit less than 0.5 tpy or
that are located more than two miles from the state border generally
appear unlikely to contribute significantly to the nonattainment in
another state.
\8\ The first facility, Exide Technologies, is located at 364
Exide Drive in Bristol Tennessee, which is approximately 5 miles
from the nearest border. The second facility is Gerdau Ameristeel,
located at 4615 Coster Road NE in Knoxville, Tennessee, which is
approximately 100 miles from the nearest border.
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Section 110(a)(2)(D)(i)(II), as it relates to PSD requirements,
(referred to as prong 3) may be met by the State's confirmation in an
infrastructure SIP submission that new major sources and major
modifications in the state are subject to PSD and (if the state
contains a nonattainment area for the relevant pollutant) NNSR programs
that implement the 2008 Lead NAAQS.
As discussed above in the discussion for the PSD requirements of
section 110(a)(2)(C), Tennessee's SIP currently contains three of the
four necessary provisions for the State's PSD program.\9\ On October 4,
2012, Tennessee submitted a letter to EPA with a schedule and
commitment to provide the necessary SIP revision to address its SIP
deficiencies related to the October 20, 2010, PSD PM2.5
Increments, SILs, and SMC Rule requirements. Based on Tennessee's
commitment, EPA is proposing to conditionally approve the portion
section 110(a)(2)(D)(i)(II), related to the increments requirements of
the PM2.5 Increments, SILs and SMC Rule consistent with
section 110(k)(4) of the Act. EPA's proposed conditional of prong 3, if
finalized, would obligate Tennessee to provide the SIP revision to
address the increment portion of the PSD PM2.5 Increments,
SILs and SMC Rule by March 6, 2014. Failure by Tennessee to provide
this revision by that date would automatically result in such a
conditional approval converting to a disapproval. Should that occur,
EPA would provide the public with notice of such a disapproval in the
Federal Register.
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\9\ (1) EPA's approval of Tennessee's PSD/NSR regulations which
address the Ozone Implementation NSR Update requirements, (2) EPA's
approval of Tennessee's PSD GHG Tailoring Rule revisions which
addresses the thresholds for GHG permitting applicability in
Tennessee, and (3) EPA's approval of Tennessee's NSR
PM2.5 Rule, which adopts required federal PSD and NNSR
permitting provisions governing the implementation of the NSR
program for PM2.5 as promulgated in the NSR
PM2.5 Rule.
For additional detailed information on these requirements, see
section 3 above.
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EPA is also today proposing full approval of prong 3. In the event
that Tennessee submits a revision to address increments portion of the
PSD PM2.5 Increments, SILs and SMC Rule, and EPA approves
that submission prior to finalizing this infrastructure SIP action, EPA
believes Tennessee's 2008 Lead infrastructure SIP for prong 3 of
section 110(a)(2)(D)(i) will then be fully approvable.
With regard to section 110(a)(2)(D)(i)(II), the visibility sub-
element, referred to as prong 4, significant impacts from lead
emissions from stationary sources are expected to be limited to short
distances from the source. Lead stationary sources in Tennessee are
located at distances from Class I areas such that visibility impacts
are negligible. Where a state's regional haze SIP has been approved as
meeting all current obligations, EPA has determined that such an
approved plan demonstrates compliance with the prong 4 requirements.
EPA completed a limited approval and limited disapproval of Tennessee's
regional haze SIP,\10\ with the exception of the
[[Page 17173]]
best available retrofit technology (BART) for the Eastman Chemical
Company portion, on April, 24, 2012. See 77 FR 24392. On November 27,
2012, EPA approved the Eastman Chemical Company BART portion of
Tennessee's regional haze submittal. See 77 FR 70689.
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\10\ Refer to EPA's proposed rulemaking entitled ``Approval and
Promulgation of Implementation Plans: Region 4 States;
110(a)(2)(D)(i)(II) Infrastructure Requirements for the 1997 and
2006 Fine Particulate Matter National Ambient Air Quality
Standards,'' for more detailed information in support of EPA's
proposed approval of Tennessee's 2008 lead infrastructure submission
as it relates to visibility. See 78 FR 11805 (February 20, 2013).
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With regard to the requirements of section 110(a)(2)(D)(ii),
Tennessee does not have any pending obligation under sections 115 and
126 of the CAA. With the exception of section 110(a)(2)(D)(i)(II),
related to PSD, EPA has made the preliminary determination that
Tennessee's SIP and practices are adequate for insuring compliance with
the applicable requirements relating to interstate and international
pollution abatement for the 2008 lead NAAQS. For the reasons described
above, EPA is proposing full approval of section 110(a)(2)(D), and in
the alternative, conditional approval of section 110(a)(2)(D)(i) prong
3 related to the increment requirements of the PSD PM2.5
Increments, SILs and SMC Rule.
5. 110(a)(2)(E) Adequate resources: Section 110(a)(2)(E) requires
that each implementation plan provide (i) necessary assurances that the
State will have adequate personnel, funding, and authority under state
law to carry out its implementation plan, (ii) that the State comply
with the requirements respecting State Boards pursuant to section 128
of the Act, and (iii) necessary assurances that, where the State has
relied on a local or regional government, agency, or instrumentality
for the implementation of any plan provision, the State has
responsibility for ensuring adequate implementation of such plan
provisions. EPA is proposing to approve Tennessee's SIP as meeting the
requirements of sections 110(a)(2)(E)(i) and (iii). With respect to
section 110(a)(2)(E)(ii) (regarding state boards), EPA is proposing to
approve, and in the alternative conditionally approve in part, this
sub-element. EPA's rationale for today's proposals respecting each
section of 110(a)(2)(E) is described in turn below.
With respect to sections 110(a)(2)(E)(i) and (iii), TDEC, through
the Tennessee Air Pollution Control Board, is responsible for
promulgating rules and regulations for the NAAQS, emissions standards
general policies, a system of permits, fee schedules for the review of
plans, and other planning needs. As evidence of the adequacy of TDEC's
resources regarding sections 110(a)(2)(E)(i) and (iii), EPA submitted a
letter to Tennessee on April 24, 2012, outlining 105 grant commitments
and current status of these commitments for fiscal year 2011. The
letter EPA submitted to Tennessee can be accessed at
www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0582.
Annually, states update these grant commitments based on current SIP
requirements, air quality planning, and applicable requirements related
to the NAAQS. There were no outstanding issues in relation to the SIP
for fiscal year 2011, therefore, Tennessee's grants were finalized and
closed out. EPA has made the preliminary determination that Tennessee
has adequate resources for implementation of the 2008 Lead NAAQS.
With respect to section 110(a)(2)(E)(ii), EPA is proposing to
approve, and in the alternative, to conditionally approve in part
Tennessee's infrastructure SIP as to this requirement. Section
110(a)(2)(E)(ii) provides that infrastructure SIPs must require
compliance with section 128 of CAA requirements respecting State
boards. Section 128, in turn, provides at subsection (a)(1) that each
SIP shall require that any board or body which approves permits or
enforcement orders shall be subject to the described public interest
and income restrictions therein. Subsection 128(a)(2) 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.
EPA believes the Tennessee SIP currently meets the requirements of
section 110(a)(2)(E)(ii) with respect to section 128(a)(2) obligations,
but does not meet the section 128(a)(1) obligations. To address section
128(a)(2) requirements, the provisions of Tennessee Rule Chapter 1200-
3-17 have been incorporated into the Tennessee SIP. See 67 FR 55322.
Regarding section 128(a)(1) requirements, Tennessee previously
committed to adopt specific enforceable measures into its SIP within
one year to address the applicable portions of section 128(a)(1) for
the infrastructure SIP of another NAAQS. Tennessee's section 128(a)(1)
commitment letter to EPA, dated March 28, 2012, can be accessed at
www.regulations.gov using docket ID No. EPA-R04-OAR-2011-0353. Based
upon that commitment, on July 23, 2012, EPA took final action to
conditionally approve infrastructure sub-element 110(a)(2)(E)(ii)
regarding section 128(a)(1) requirements for purposes of the 1997 8-
hour Ozone NAAQS. See 77 FR 42997. EPA is today proposing to
conditionally approve Tennessee's 2008 Lead infrastructure SIP for
section 110(a)(2)(E)(ii) related to the section 128(a)(1) requirements
based upon the State's earlier commitment to adopt the specific
enforceable measures by July 23, 2013.\11\ Failure by the State to
adopt these provisions and submit them to EPA for incorporation into
the SIP by July 23, 2013, would result in today's conditional approval
being treated as a disapproval. Should that occur, EPA would provide
the public with notice of such a disapproval in the Federal Register.
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\11\ July 23, 2012, is one year from the approval date of EPA's
final rulemaking to conditionally approve sub-section
110(a)(2)(E)(ii) regarding section 128(a)(1) for purposes of the
1997 8-hour Ozone NAAQS.
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As with the conditional approvals proposed in this action, EPA is
also proposing, in the alternative, to fully approve infrastructure
section 110(a)(2)(E)(ii) regarding section 128(a)(1) requirements. In
the event that Tennessee submits a revision to address the section
128(a)(1) requirements, and EPA approves that submission prior to
finalizing this infrastructure SIP action, EPA believes Tennessee's
2008 Lead infrastructure SIP for section 110(a)(2)(E)(ii) will then be
fully approvable. EPA has made the preliminary determination that
Tennessee, once the above described changes have been incorporated into
the SIP, will have adequate resources for implementation of 2008 Lead
NAAQS.
6. 110(a)(2)(F) Stationary source monitoring system: Tennessee's
infrastructure submission describes how the State has established
requirements for compliance testing by emissions sampling and analysis,
and for emissions and operation monitoring to ensure the quality of
data in the State. TDEC uses these data to track progress towards
maintaining the NAAQS, develop control and maintenance strategies,
identify sources and general emission levels, and determine compliance
with emission regulations and additional EPA requirements. These
requirements are provided in Chapter 1200-3-10, Required Sampling,
Recording and Reporting, of the Tennessee SIP.
Additionally, Tennessee is required to submit emissions data to EPA
for purposes of the National Emissions Inventory (NEI). The NEI is
EPA's central repository for air emissions data. EPA published the Air
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the
requirements for collecting and reporting air emissions data (73 FR
76539). The
[[Page 17174]]
AERR shortened the time states had to report emissions data from 17 to
12 months, giving states one calendar year to submit emissions data.
All states are required to submit a comprehensive emissions inventory
every three years and report emissions for certain larger sources
annually through EPA's online Emissions Inventory System. States report
emissions data for the six criteria pollutants and their associated
precursors--nitrogen oxides, sulfur dioxide, ammonia, lead, carbon
monoxide, particulate matter, and volatile organic compounds. Many
states also voluntarily report emissions of hazardous air pollutants.
Tennessee made its latest update to the NEI on September 11, 2012. EPA
compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the Web site https://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the preliminary
determination that Tennessee's SIP and practices are adequate for the
stationary source monitoring systems related to the 2008 lead NAAQS.
7. 110(a)(2)(G) Emergency power: Chapter 1200-3-15, Emergency
Episode Requirements, of the Tennessee SIP identifies air pollution
emergency episodes and preplanned abatement strategies. These criteria
have previously been approved by EPA. EPA has made the preliminary
determination that Tennessee's SIP and practices are adequate for
emergency powers related to the 2008 Lead NAAQS.
8. 110(a)(2)(H) Future SIP revisions: As previously discussed, TDEC
is responsible for adopting air quality rules and revising SIPs as
needed to attain or maintain the NAAQS. Tennessee has the ability and
authority to respond to calls for SIP revisions, and has provided a
number of SIP revisions over the years for implementation of the NAAQS.
Tennessee has one area, Bristol, TN, that is designated as
nonattainment for the 2008 Lead NAAQS. On August 29, 2012, EPA
finalized a clean data determination for Bristol, TN. See 77 FR 52232.
This determination of attaining data is based upon complete, quality-
assured and certified ambient air monitoring data for the 2009-2011
period showing that the Area has monitored attainment of the 2008 Lead
NAAQS. Additionally, as a result of this determination, the
requirements for the Area to submit an attainment demonstration,
together with reasonably available control measures, a reasonable
further progress (RFP) plan, and contingency measures for failure to
meet RFP and attainment deadlines are suspended for so long as the Area
continues to attain the 2008 Lead NAAQS. EPA has made the preliminary
determination that Tennessee's SIP and practices adequately demonstrate
a commitment to provide future SIP revisions related to the 2008 Lead
NAAQS when necessary.
9. 110(a)(2)(J). EPA is proposing to approve in part, and
conditionally approve in part to approve Tennessee's infrastructure SIP
for the 2008 lead NAAQS with respect to the general requirement in
section 110(a)(2)(J) to include a program in the SIP that provides for
meeting the applicable consultation requirements of section 121, the
public notification requirements of section 127; and the PSD and
visibility protection requirements of part C of the Act.
110(a)(2)(J) (121 consultation) Consultation with government
officials: Chapter 1200-3-9 Construction and Operating Permits, as well
as the Regional Haze Implementation Plan (which allows for consultation
between appropriate state, local, and tribal air pollution control
agencies as well as the corresponding Federal Land Managers), provide
for consultation with government officials whose jurisdictions might be
affected by SIP development activities. Tennessee adopted state-wide
consultation procedures for the implementation of transportation
conformity. These consultation procedures include considerations
associated with the development of mobile inventories for SIPs.
Implementation of transportation conformity as outlined in the
consultation procedures requires TDEC to consult with federal, state
and local transportation and air quality agency officials on the
development of motor vehicle emissions budgets. EPA approved
Tennessee's consultation procedures on May 16, 2003 (68 FR 26492).
While transportation conformity requirements do not apply for lead
because of the nature of the standard, the consultation procedures that
TDEC has in place to implement transportation conformity requirements
provides evidence of the State's ability to consult with other
governmental agencies on air quality issues. EPA has made the
preliminary determination that Tennessee's SIP and practices adequately
demonstrate consultation with government officials related to the 2008
Lead NAAQS when necessary.
110(a)(2)(J) (127 public notification) Public notification: Chapter
1200-3-15, Emergency Episode Requirements, requires that TDEC notify
the public of any air pollution episode or NAAQS violation. EPA has
made the preliminary determination that Tennessee's SIP and practices
adequately demonstrate the State's ability to provide public
notification related to the 2008 Lead NAAQS when necessary.
110(a)(2)(J) (Part C) PSD and visibility protection: In this
action, EPA is proposing to approve in part, and conditionally approve
in part Tennessee's infrastructure SIP for the 2008 lead NAAQS with
respect to the general requirement in section 110(a)(2)(J) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. Chapter 1200-3-9, Construction and Operating Permits, of
Tennessee's SIP pertains to the construction of any new major
stationary source or any project at an existing major stationary source
in an area designated as nonattainment, attainment or unclassifiable.
Chapter 1200-3-22, Lead Emission Standards, of Tennessee's SIP,
published on August 12, 1985, specifies requirements for Reasonably
Available Control Technology for significant existing sources of lead
(October 29, 2001, 66 FR 44632). There are four other revisions to the
Tennessee SIP that are necessary to meet the requirements of
infrastructure element 110(a)(2)(C). These four revisions are related
to the Ozone Implementation NSR Update (November 29, 2005, 70 FR
71612), the ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule'' (June 3, 2010, 75 FR 31514), the NSR
PM2.5 Rule (May 16, 2008, 73 FR 28321), and PM2.5
PSD Increment-SILs-SMC Rule (October 20, 2010, 75 FR 64864).
Tennessee's SIP contains provisions for the State's PSD program for
three of the four program requirements.\12\ On October 4, 2012,
Tennessee submitted a letter to EPA with a schedule and commitment to
provide the necessary SIP revision to address its SIP deficiencies
related to the October 20, 2010, final rulemaking related to PSD
PM2.5 Increments, SILs, and SMC Rule requirements. Based on
Tennessee's commitment, EPA is proposing to conditionally approve
section
[[Page 17175]]
110(a)(2)(J), related to PSD consistent with section 110(k)(4) of the
Act.
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\12\ (1) EPA's approval of Tennessee's PSD/NSR regulations which
address the Ozone Implementation NSR Update requirements, (2) EPA's
approval of Tennessee's PSD GHG Tailoring Rule revisions which
addresses the thresholds for GHG permitting applicability in
Tennessee, and (3) EPA's approval of Tennessee's NSR
PM2.5 Rule, which adopts required federal PSD and NNSR
permitting provisions governing the implementation of the NSR
program for PM2.5 as promulgated in the NSR
PM2.5 Rule.
For additional detailed information on these requirements, see
section 3 above.
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These SIP revisions \13\ address requisite requirements of
infrastructure element 110(a)(2)(J) and are necessary for today's
rulemaking to propose to approve, in part, and conditionally approve,
in part, infrastructure SIP element 110(a)(2)(J). EPA also notes that
today's action is not proposing to approve or disapprove the State's
existing minor NSR program itself to the extent that it is inconsistent
with EPA's regulations governing this program. EPA believes that a
number of states may have minor NSR provisions that are contrary to the
existing EPA regulations for this program. EPA intends to work with
states to reconcile state minor NSR programs with EPA's regulatory
provisions for the program. The statutory requirements of section
110(a)(2)(J) provide for considerable flexibility in designing minor
NSR programs, and EPA believes it may be time to revisit the regulatory
requirements for this program to give the states an appropriate level
of flexibility to design a program that meets their particular air
quality concerns, while assuring reasonable consistency across the
country in protecting the NAAQS with respect to new and modified minor
sources.
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\13\ (1) EPA's approval of Tennessee's PSD/NSR regulations which
address the Ozone Implementation NSR Update requirements, (2) EPA's
approval of Tennessee's PSD GHG Tailoring Rule revisions which
addresses the thresholds for GHG permitting applicability in
Tennessee, (3) EPA's approval of Tennessee's NSR PM2.5
Rule, which adopts required federal PSD and NNSR permitting
provisions governing the implementation of the NSR program for
PM2.5 as promulgated in the NSR PM2.5 Rule,
and (4) EPA's proposed conditional approval of Tennessee's PSD
PM2.5 Increments, SILs, and SMC rulemaking which
addresses rules that regulate the construction and modification of
any major stationary source locating in an attainment or
unclassifiable area, where the source's emissions may cause or
contribute to a violation of the NAAQS.
.
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In this action, EPA is also proposing to conditionally approve
Tennessee's infrastructure SIP for the 2008 Lead NAAQS with respect to
the general requirement in section 110(a)(2)(J) to include a program in
the SIP that regulates the modification and construction of any
stationary source as necessary to assure that the NAAQS are achieved.
Minor sources are subject to the statutory requirements in section
110(a)(2)(C) of the CAA which requires ``* * * regulations of the
modification and construction of any stationary source * * * as
necessary to assure that the NAAQS are achieved.'' These programs
should be established in each state within 3 years of the promulgation
of a new revised NAAQS, and may be particularly important because
virtually all sources of lead are minor sources.
EPA has made the preliminary determination that Tennessee's SIP and
practices are adequate for program enforcement of control measures
including review of proposed new sources related to the 2008 lead
NAAQS.
With regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the Act (which
includes sections 169A and 169B). In the event of the establishment of
a new NAAQS, however, the visibility and regional haze program
requirements under part C do not change. Thus, EPA finds that there is
no new visibility obligation ``triggered'' under section 110(a)(2)(J)
when a new NAAQS becomes effective. This would be the case even in the
event a secondary PM2.5 NAAQS for visibility is established,
because this NAAQS would not affect visibility requirements under part
C. Tennessee has submitted SIP revisions for approval to satisfy the
requirements of the CAA Section 169A and 169B, and the regional haze
and best available retrofit technology rules contained in 40 CFR
51.308. On April 24, 2012, EPA published a final rulemaking regarding
Tennessee's regional haze program. See 77 FR 24392. On November 27,
2012, EPA approved the Eastman Chemical Company BART portion of
Tennessee's regional haze submittal. See 77 FR 70689. EPA has made the
preliminary determination that Tennessee's SIP and practices adequately
demonstrate the State's ability to implement PSD programs and to
provide for visibility protection related to the 2008 Lead NAAQS when
necessary.
10. 110(a)(2)(K) Air quality and modeling/data: Chapter 1200-3-
9-.01(4)(k), Air Quality Models, of the Tennessee SIP specify that
required air modeling be conducted in accordance with 40 CFR Part 51,
Appendix W ``Guideline on Air Quality Models,'' as incorporated into
the Tennessee SIP. These standards demonstrate that Tennessee has the
authority to provide relevant data for the purpose of predicting the
effect on ambient air quality of the Lead NAAQS. Additionally,
Tennessee supports a regional effort to coordinate the development of
emissions inventories and conduct regional modeling for several NAAQS,
including the Lead NAAQS, for the southeastern states. Taken as a
whole, Tennessee's air quality regulations and practices demonstrate
that TDEC has the authority to provide relevant data for the purpose of
predicting the effect on ambient air quality of the Lead NAAQS. EPA has
made the preliminary determination that Tennessee's SIP and practices
adequately demonstrate the State's ability to provide for air quality
and modeling, along with analysis of the associated data, related to
the 2008 Lead NAAQS when necessary.
11. 110(a)(2)(L) Permitting fees: As discussed above, Tennessee's
SIP provides for the review of construction permits. Permitting fees in
Tennessee are collected through the State's federally-approved title V
fees program and consistent with Chapter 1200-03-26-.02, Permit-Related
Fees, of the Tennessee Code. EPA has made the preliminary determination
that Tennessee's SIP and practices adequately provide for permitting
fees related to the 2008 Lead NAAQS when necessary.
12. 110(a)(2)(M) Consultation/participation by affected local
entities: Chapter 1200-3-9-.01(4)(k), Public Participation, of the
Tennessee SIP requires that TDEC notify the public of an application,
preliminary determination, the activity or activities involved in the
permit action, any emissions change associated with any permit
modification, and the opportunity for comment prior to making a final
permitting decision. By way of example, TDEC has recently worked
closely with local political subdivisions during the development of its
Transportation Conformity SIP, Regional Haze Implementation Plan, and
Early Action Compacts. EPA has made the preliminary determination that
Tennessee's SIP and practices adequately demonstrate consultation with
affected local entities related to the 2008 Lead NAAQS when necessary.
V. Proposed Action
EPA is proposing alternative actions to (1) approve in full and (2)
approve in part and conditionally approve in part. With the exception
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) related to PSD,
110(a)(2)(E)(ii), and 110(a)(2)(J) related to PSD, EPA is proposing to
determine that Tennessee's infrastructure submission, provided to EPA
on October 19, 2009, addressed the required infrastructure elements for
the 2008 Lead NAAQS. EPA is proposing to approve in part and
conditionally approve in part, Tennessee's SIP submission consistent
with section 110(k)(3) of the CAA.
As described above, with the exception of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) related to PSD,
[[Page 17176]]
110(a)(2)(E)(ii) (as it relates to section 128(a)(1), and 110(a)(2)(J)
related to PSD TDEC has addressed the elements of the CAA 110(a)(1) and
(2) SIP requirements pursuant to section 110 of the CAA to ensure that
the 2008 lead NAAQS are implemented, enforced, and maintained in
Tennessee. With respect to sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
related to PSD, and 110(a)(2)(J) related to PSD, EPA is proposing to
conditionally approve Tennessee's infrastructure SIP based on an
October 4, 2012, commitment that TDEC will provide the necessary SIP
revision to address its SIP deficiencies related to the October 20,
2010, final rulemaking related to PSD PM2.5 Increments,
SILs, and SMC Rule requirements. With respect to section
110(a)(2)(E)(ii) (referencing section 128 of the CAA), EPA is proposing
to conditionally approve Tennessee's infrastructure SIP based on a
March 28, 2012, commitment that TDEC will adopt specific enforceable
measures into its SIP and submit these revisions to EPA July 23, 2013,
to address the applicable portions of section 128. EPA intends to move
forward with finalizing the conditional approval for these elements
consistent with section 110(k)(4) of the Act. EPA is also proposing to
approve Tennessee's infrastructure submission for the 2008 Lead NAAQS,
with the exception of section 110(a)(2)(E)(ii), because its October 19,
2009, submission is consistent with section 110 of the CAA.
VI. 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, and Recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-06418 Filed 3-19-13; 8:45 am]
BILLING CODE 6560-50-P
