Approval and Promulgation of Implementation Plans; Tennessee; 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 36440-36444 [2013-14068]
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disposition of the proceeding, the
participants may be directed to file more
than one brief and at different times
rather than a single brief at the same
time. The presiding officer or the
Commission may also order the filing of
briefs during the course of the
proceeding.
(b) * * *
(3) A clear, concise and definitive
statement of the position of the filing
participant as to the proposals of the
Postal Service and the advisory opinion
or decision to be issued;
*
*
*
*
*
■ 23. Revise § 3001.36 to read as
follows:
§ 3001.36 Oral argument before the
presiding officer.
In any case in which the presiding
officer is to issue an intermediate
decision, such officer may permit the
presentation of oral argument when, in
his/her opinion, time permits, and the
nature of the proceedings, the
complexity or importance of the issues
of fact or law involved, and the public
interest warrants hearing such
argument. The presiding officer shall
determine the time and place for oral
argument, and may specify the issue or
issues on which oral argument is to be
presented, the order in which the
presentations shall be made, and the
amount of time allowed each
participant. A request for oral argument
before the issuance of an intermediate
decision shall be made during the
course of the hearing on the record.
■ 24. In § 3001.39, revise paragraph (c)
to read as follows:
§ 3001.39
Intermediate decisions.
*
*
*
*
(c) Contents. All intermediate
decisions shall include findings and
conclusions, and the reasons or basis
therefor, on all the material issues of
fact, law, or discretion presented on the
record, and the appropriate intermediate
decision pursuant to the Act. An
intermediate decision in a proceeding
under section 3661 of the Act shall
include a determination of the question
of whether or not the proposed change
in the nature of postal service conforms
to the policies established under the
Act.
*
*
*
*
*
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*
§ 3001.40
[Amended]
25. Amend § 3001.40 by removing the
authority citation.
■
§ 3001.41
[Amended]
26. Amend § 3001.41 by removing the
authority citation.
■
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■
27. In § 3001.43, revise paragraphs
(a)(1), (c)(10), (e)(4)(i), (g)(1)(iii), and
(g)(2)(iii) to read as follows:
Subpart D—Rules Applicable to
Requests for Changes in the Nature of
Postal Services
§ 3001.43 Public attendance at
Commission meetings.
■
(a) Open Commission meetings. (1)
Commissioners shall not jointly conduct
or dispose of agency business other than
in accordance with this section. Except
as provided in paragraph (c) of this
section, every portion of every meeting
of the Commission shall be open to
public observation.
*
*
*
*
*
(c) * * *
(10) Specifically concern the
Commission’s issuance of a subpoena or
the Commission’s participation in a
civil action or appellate proceeding, an
action in a foreign court or international
tribunal, or an arbitration, or the
initiation, conduct or disposition by the
Commission of a particular case of
formal Commission adjudication
pursuant to the procedures in section
554 of title 5 or otherwise involving a
determination on the record after
opportunity for a hearing.
*
*
*
*
*
(e) * * *
(4) * * *
(i) Publicly posting a copy of the
document in the reception area of the
Postal Regulatory Commission located
at 901 New York Avenue NW., Suite
200, Washington, DC 20268–0001;
*
*
*
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*
(g) * * *
(1) * * *
(iii) Ten copies of such requests must
be received by the Office of Secretary
and Administration no later than three
working days after the issuance of the
notice of meeting to which the request
pertains. Requests received after that
time will be returned to the requester
with a statement that the request was
untimely received and that copies of
any nonexempt portions of the
transcript or minutes for the meeting in
question will ordinarily be available in
the Office of Secretary and
Administration 10 working days after
the meeting.
(2) * * *
(iii) Ten copies of such requests
should be filed with the Office of
Secretary and Administration as soon as
possible after the issuance of the notice
of meeting to which the request
pertains. However, a single copy of the
request will be accepted. Requests to
close meetings must be received by the
Office of Secretary and Administration
no later than the time scheduled for the
meeting to which such a request
pertains.
*
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28. Revise § 3001.72 to read as
follows:
§ 3001.72
Filing of formal requests.
Whenever the Postal Service
determines to request that the
Commission issue an advisory opinion
on a proposed change in the nature of
postal services subject to this subpart,
the Postal Service shall file with the
Commission a formal request for such
an opinion in accordance with the
requirements of §§ 3001.9 to 3001.11
and 3001.74. Such request shall be filed
not less than 90 days in advance of the
date on which the Postal Service
proposes to make effective the change in
the nature of postal services involved.
Within 5 days after the Postal Service
has filed a formal request for an
advisory opinion in accordance with
this subsection, the Secretary shall
lodge a notice thereof with the Director
of the Federal Register for publication in
the Federal Register.
§ 3001.75
■
[Removed]
29. Remove § 3001.75.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013–14221 Filed 6–17–13; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0582; FRL– 9820–7]
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: Final rule.
AGENCY:
EPA is taking final action to
approve in part, and conditionally
approve in part, portions of the State
Implementation Plan (SIP) submission,
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
to demonstrate that the State meets the
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA or Act) for
the 2008 Lead national ambient air
quality standards (NAAQS). Section
110(a) of the CAA requires that each
SUMMARY:
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state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. TDEC certified in
its submission ((hereafter referred to as
‘‘infrastructure submission) that the
Tennessee SIP contains provisions that
ensure the 2008 Lead NAAQS are
implemented, enforced, and maintained
in Tennessee. With the exception of the
portion of section 110(a)(2)(E)(ii)
respecting the requirements of section
128(a)(1) of the CAA, EPA has made the
determination that the applicable
portions of the TDEC’s October 19,
2009, infrastructure submission which
are being approved in this final
rulemaking meet the infrastructure
requirements for the 2008 Lead NAAQS.
In this rulemaking, EPA is also taking
final action to conditionally approve the
portion of Tennessee’s section
110(a)(2)(E)(ii) infrastructure
submission that address section
128(a)(1) requirements. Finally, EPA
notes that it is not currently taking final
action on the portions of Tennessee’s
infrastructure submission addressing
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
and 110(a)(2)(J) as they relate to
prevention of significant deterioration
(PSD) requirements. EPA intends to take
final action on those portions of
Tennessee’s infrastructure submission
(the portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J)
related to PSD requirements) in a
separate rulemaking.
DATES: Effective Date: This rule will be
effective July 18, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0582. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
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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. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affects the content of the
submission. The contents of such SIP
submissions may also vary depending
upon what provisions the state’s
existing SIP already contains. In the
case of the 2008 Lead NAAQS, states
typically have met the basic program
elements required in section 110(a)(2)
through earlier SIP submissions in
connection with previous NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
already mentioned, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
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36441
the NAAQS. The requirements that are
the subject of this final rulemaking are
listed below 1 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 of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (1)
Submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title 1 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. Accordingly, today’s
final rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment planning requirements of
110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s final rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997 8hour ozone NAAQS. Interstate transport
requirements were formerly addressed by
Tennessee consistent with the Clean Air Interstate
Rule (CAIR). On December 23, 2008, CAIR was
remanded by the DC Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina
v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this
remand, EPA took final action to approve
Tennessee’s SIP revision, which was submitted to
comply with CAIR. See 72 FR 46388 (August 20,
2007). In so doing, Tennessee’s CAIR SIP revision
addressed the interstate transport provisions in
section 110(a)(2)(D)(i) for the 1997 8-hour ozone
NAAQS. In response to the remand of CAIR, EPA
has promulgated a new rule to address interstate
transport. See 76 FR 48208 (August 8, 2011) (‘‘the
Transport Rule’’). That rule was recently stayed by
the DC Circuit Court of Appeals. EPA’s action on
element 110(a)(2)(D)(i) will be addressed in a
separate action.
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality
Standards,’’ but as mentioned above is not relevant
to today’s proposed rulemaking.
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• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
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. 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 provided its
infrastructure submission for the 2008
Lead NAAQS on October 19, 2009.
On March 28, 2012, Tennessee
submitted a letter of commitment to
EPA to adopt specific enforceable
measures related to CAA section
128(a)(1) to address the current
deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii).
On March 20, 2013, EPA proposed to
approve the majority of Tennessee’s
October 19, 2009, infrastructure
submission for the 2008 Lead NAAQS,
and proposed in the alternative to
conditionally approve the portion of the
infrastructure submission related to the
PSD requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the section 128(a)(1)
requirements of section 110(a)(2)(E)(ii).
See 78 FR 17168.
As noted above, EPA’s proposed
conditional approval of section
110(a)(2)(E)(ii) as it relates to section
128(a)(1) requirements, was based upon
the State’s March 28, 2012 commitment
letter to address current deficiencies in
the Tennessee SIP related to these
requirements. Based upon an earlier
conditional of approval of these section
110(a)(2)(E)(ii) requirements as part of
the infrastructure SIP associated with
another NAAQS, Tennessee has already
committed to submitting to EPA the
necessary revisions to address section
128(a)(1) requirements by July 23, 2013.
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See 77 FR 42997. Accordingly, the
proposed conditional approval of
section 110(a)(2)(E)(ii) as it relates to the
section 128(a)(1) requirements for the
2008 Lead infrastructure SIP was
conditioned upon the State’s
commitment to submit the SIP
revision(s) adopting specific enforceable
measures to address the 128(a)(1)
requirements by July 23, 2013.
EPA did not receive any comments,
adverse or otherwise, on the March 20,
2013, proposed rulemaking related to
Tennessee’s 2008 Lead infrastructure
submission.
II. This Action
Today’s rulemaking finalizes approval
of Tennessee’s infrastructure
submission except for the portions of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
and 110(a)(2)(J) pertaining to PSD
requirements, and the portion of section
110(a)(2)(E)(ii) related to section
128(a)(1) requirements. Today’s
rulemaking also finalizes conditional
approval of the section 110(a)(2)(E)(ii)
portion of Tennessee’s infrastructure
SIP submission related to section
128(a)(1) requirements.5 EPA is not
today taking any action with respect to
the portions of Tennessee’s
infrastructure submission related to the
PSD requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). EPA intends to act on these
remaining portions of Tennessee’s
infrastructure submission in a separate
rulemaking. See EPA’s March 20, 2013,
proposed rulemaking at 78 FR 17168 for
more detail.
As noted above, EPA received no
comments, adverse or otherwise, on its
March 20, 2013, proposed actions
related to Tennessee’s October 19, 2009,
infrastructure submission for the 2008
Lead NAAQS. For those portions of
Tennessee’s October 19, 2009,
infrastructure submission that EPA is
taking final action on today, EPA has
determined that the State’s
infrastructure submission, with the
exception of section 110(a)(2)(E)(ii) as it
relates to section 128(a)(1)
requirements,6 is consistent with
section 110 of the CAA.
EPA is today finalizing a conditional
of section 110(a)(2)(E)(ii) as it relates to
5 EPA is finalizing approval of section
110(a)(2)(E)(ii) as it relates to section 128(a)(2)
requirements and finalizing approval of section
110(a)(2)(E)(i) and (iii).
6 Section 128(a)(1) requires that the SIP include
requirements that any board or body which
approves permits or enforcement orders under the
CAA shall have at least a majority of members who
represent the public interest and do not derive any
significant portion of their from persons subject to
permits or enforcement orders under the CAA.
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section 128(a)(1) requirements 7 based
upon the State’s March 28, 2012,
commitment letter to adopt specific
enforceable measures related to CAA
section 128(a)(1) to address the current
deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii)
by July 23, 2013. As a result of
Tennessee’s March 28, 2012,
commitment letter, EPA has determined
that conditional approval, specifically
pertaining to the requirements of
128(a)(1), is appropriate because the
State has explicitly committed to
address current deficiencies in the
Tennessee SIP related to sub-element
110(a)(2)(E)(ii) consistent with the
requirements of CAA section 110(k)(4).
If the State fails to submit the SIP
revision by July 23, 2013, today’s
conditional approval will automatically
become a disapproval on that date and
EPA will issue a finding of disapproval.
EPA is not required to propose the
finding of disapproval. If the
conditional approval is converted to a
disapproval, the final disapproval
triggers the Federal Implementation
Plan requirement under section 110(c).
However, if the State meets its
commitment within the applicable
timeframe, the conditionally approved
submission will remain a part of the SIP
until EPA takes final action approving
or disapproving the new submittal. If
EPA disapproves the new submittal,
today’s conditionally approved
submittal will also be disapproved at
that time. If EPA approves the new
submittal, Tennessee’s infrastructure
SIP will be fully approved in its entirety
and replace the conditionally approved
element in the SIP.
III. Final Action
EPA is taking final action to approve
Tennessee’s October 19, 2009,
submission for the 2008 Lead NAAQS,
with the exception of the State’s
submission related to the PSD
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J), and
the section 128(a)(1) requirements of
section 110(a)(2)(E)(ii). For those
sections that EPA is today finalizing
approval, EPA has made the
determination that TDEC has addressed
the CAA 110(a)(1) and (2) SIP
requirements pursuant to EPA’s October
14, 2011, guidance to ensure that the
2008 Lead NAAQS are implemented,
enforced, and maintained in Tennessee.
With respect to Tennessee’s October 19,
2009, submission for the 2008 Lead
7 EPA is finalizing approval of section
110(a)(2)(E)(ii) as it relates to section 128(a)(2)
requirements and finalizing approval of section
110(a)(2)(E)(i) and (iii).
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NAAQS addressing the section 128(a)(1)
requirements of section 110(a)(2)(E)(ii),
EPA is conditionally approve the State’s
submission based on Tennessee’s March
28, 2012, commitment to submit a SIP
revision to address the section 128(a)(1)
requirements.
Finally, in this rulemaking, EPA notes
that it is not taking final action related
to the PSD portions of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). EPA intends to take final
action on the portions of Tennessee’s
infrastructure submission related to the
PSD portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) in a
separate rulemaking.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 19, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Lead.
Dated: May 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
PO 00000
40 CFR part 52 is amended as follows:
Frm 00037
Fmt 4700
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36443
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2219 paragraphs (c) and
(d) are revised to read as follows:
■
§ 52.2219
Conditional approval.
*
*
*
*
*
(c) Conditional Approval—Submittal
from the State of Tennessee, through the
Department of Environment and
Conservation (TDEC), dated October 19,
2009, to address the Clean Air Act
(CAA) sections 110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J) for the
2008 Lead National Ambient Air
Quality Standards. EPA is conditionally
approving TDEC’s submittal with
respect to the PSD requirements of CAA
sections 110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J),
specifically related to the adoption of
enforceable provisions for PSD
increments as detailed in TDEC’s
October 4, 2012, commitment letter.
Tennessee must submit to EPA by
March 6, 2014, a SIP revision adopting
specific enforceable measures related to
PSD increments as described in the
State’s letter of commitment.
(d) Conditional Approval—Submittal
from the State of Tennessee, through the
Department of Environment and
Conservation (TDEC), dated October 19,
2009, to address the Clean Air Act
(CAA) section 110(a)(2)(E)(ii) for the
2008 Lead National Ambient Air
Quality Standards. With respect to CAA
section 110(a)(2)(E)(ii), specifically
related to the adoption of enforceable
measures contained in CAA section
128(a)(1), EPA published in the Federal
Register a final rulemaking to
conditionally approve TDEC’s March
28, 2012, commitment on July 23, 2012.
Tennessee must submit to EPA by July
23, 2013, SIP revisions adopting specific
enforceable measures related to CAA
sections 128(a)(1) as described in the
State’s letter of commitment.
*
*
*
*
*
■ 3. Section 52.2220(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
Lead National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\18JNR1.SGM
18JNR1
*
*
36444
Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality
Standards.
Applicable
geographic or
nonattainment area
State effective
date
*
Tennessee ...
10/19/2009
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–2142–03]
RIN 0648–XC714
Snapper-Grouper Fishery of the South
Atlantic; 2013 Commercial
Accountability Measure and Closure
for the South Atlantic Lesser
Amberjack, Almaco Jack, and Banded
Rudderfish Complex
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for the lesser
amberjack, almaco jack, and banded
rudderfish complex in the South
Atlantic for the 2013 fishing year
through this temporary rule.
Commercial landings for the lesser
amberjack, almaco jack, and banded
rudderfish complex, as estimated by the
Science and Research Director (SRD),
have reached their combined
commercial annual catch limit (ACL) at
this time. Therefore, NMFS closes the
commercial sector for this complex on
June 18, 2013, through the remainder of
the fishing year in the exclusive
economic zone (EEZ) of the South
Atlantic. This closure is necessary to
protect the lesser amberjack, almaco
jack, and banded rudderfish resources.
ehiers on DSK2VPTVN1PROD with RULES
VerDate Mar<15>2010
13:43 Jun 17, 2013
Jkt 229001
Explanation
*
*
06/18/2013 [Insert citation of publication].
*
*
With the exception of section
110(a)(2)(D)(i)(I)
concerning
interstate transport; the portions
of sections 110(a)(2)(C), prong 3
of
110(a)(2)(D)(i),
and
110(a)(2)(J) related to PSD,
which are being conditionally approved;
and
section
110(a)(2)(E)(ii) as it relates to
section 128(a)(1), which is being
conditionally approved.
This rule is effective 12:01 a.m.,
local time, June 18, 2013, until 12:01
a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email:
Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes the lesser
amberjack, almaco jack, and banded
rudderfish complex, is managed under
the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP). The FMP was
prepared by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
The combined commercial ACL for
the lesser amberjack, almaco jack, and
banded rudderfish complex is 193,999
lb (87,996 kg), round weight. Under 50
CFR 622.193(l)(1), NMFS is required to
close the commercial sector for the
lesser amberjack, almaco jack, and
banded rudderfish complex when the
commercial ACL has been reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial sector
for this complex has reached the ACL.
Therefore, this temporary rule
implements an AM to close the
commercial sector for the lesser
amberjack, almaco jack, and banded
rudderfish complex in the South
Atlantic, effective 12:01 a.m., local time
June 18, 2013.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having lesser
amberjack, almaco jack, or banded
rudderfish onboard must have landed
DATES:
[FR Doc. 2013–14068 Filed 6–17–13; 8:45 am]
SUMMARY:
EPA approval date
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
and bartered, traded, or sold such
species prior to 12:01 a.m., local time,
June 18, 2013. During the closure, the
bag limit specified in 50 CFR
622.187(b)(8), applies to all harvest or
possession of lesser amberjack, almaco
jack, or banded rudderfish in or from
the South Atlantic EEZ. During the
closure, the possession limits specified
in 50 CFR 622.187(c), apply to all
harvest or possession of lesser
amberjack, almaco jack, or banded
rudderfish in or from the South Atlantic
EEZ. These bag and possession limits
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, without regard
to where such species were harvested,
i.e., in state or Federal waters. During
the closure, the sale or purchase of
lesser amberjack, almaco jack, or banded
rudderfish taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to the sale or
purchase of lesser amberjack, almaco
jack, or banded rudderfish that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, June 18, 2013,
and were held in cold storage by a
dealer or processor.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the lesser amberjack,
almaco jack, and banded rudderfish
complex, a component of the South
Atlantic snapper-grouper fishery, and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.193(l)(1) and is exempt from review
under Executive Order 12866.
E:\FR\FM\18JNR1.SGM
18JNR1
]]>Agencies
[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36440-36444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14068]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0582; FRL- 9820-7]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve in part, and
conditionally approve in part, portions of the State Implementation
Plan (SIP) submission, submitted by the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), to
demonstrate that the State meets the requirements of sections 110(a)(1)
and (2) of the Clean Air Act (CAA or Act) for the 2008 Lead national
ambient air quality standards (NAAQS). Section 110(a) of the CAA
requires that each
[[Page 36441]]
state adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. TDEC certified in its
submission ((hereafter referred to as ``infrastructure submission) that
the Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS
are implemented, enforced, and maintained in Tennessee. With the
exception of the portion of section 110(a)(2)(E)(ii) respecting the
requirements of section 128(a)(1) of the CAA, EPA has made the
determination that the applicable portions of the TDEC's October 19,
2009, infrastructure submission which are being approved in this final
rulemaking meet the infrastructure requirements for the 2008 Lead
NAAQS. In this rulemaking, EPA is also taking final action to
conditionally approve the portion of Tennessee's section
110(a)(2)(E)(ii) infrastructure submission that address section
128(a)(1) requirements. Finally, EPA notes that it is not currently
taking final action on the portions of Tennessee's infrastructure
submission addressing sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) as they relate to prevention of significant deterioration
(PSD) requirements. EPA intends to take final action on those portions
of Tennessee's infrastructure submission (the portions of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) related to PSD
requirements) in a separate rulemaking.
DATES: Effective Date: This rule will be effective July 18, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0582. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: 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. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. Section 110(a) of the
CAA requires states to submit SIPs to provide for the implementation,
maintenance, and enforcement of a new or revised NAAQS within three
years following the promulgation of such NAAQS, or within such shorter
period as EPA may prescribe. Section 110(a) imposes the obligation upon
states to make a SIP submission to EPA for a new or revised NAAQS, but
the contents of that submission may vary depending upon the facts and
circumstances. In particular, the data and analytical tools available
at the time the state develops and submits the SIP for a new or revised
NAAQS affects the content of the submission. The contents of such SIP
submissions may also vary depending upon what provisions the state's
existing SIP already contains. In the case of the 2008 Lead NAAQS,
states typically have met the basic program elements required in
section 110(a)(2) through earlier SIP submissions in connection with
previous NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 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).''
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title 1 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. Accordingly, today's
final 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 of control
measures.\2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------
\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 8-hour ozone NAAQS. Interstate
transport requirements were formerly addressed by Tennessee
consistent with the Clean Air Interstate Rule (CAIR). On December
23, 2008, CAIR was remanded by the DC Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d
896 (DC Cir. 2008). Prior to this remand, EPA took final action to
approve Tennessee's SIP revision, which was submitted to comply with
CAIR. See 72 FR 46388 (August 20, 2007). In so doing, Tennessee's
CAIR SIP revision addressed the interstate transport provisions in
section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response
to the remand of CAIR, EPA has promulgated a new rule to address
interstate transport. See 76 FR 48208 (August 8, 2011) (``the
Transport Rule''). That rule was recently stayed by the DC Circuit
Court of Appeals. EPA's action on element 110(a)(2)(D)(i) will be
addressed in a separate action.
---------------------------------------------------------------------------
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
---------------------------------------------------------------------------
\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's proposed rulemaking.
---------------------------------------------------------------------------
110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
[[Page 36442]]
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
On 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. 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 provided its infrastructure submission for the
2008 Lead NAAQS on October 19, 2009.
On March 28, 2012, Tennessee submitted a letter of commitment to
EPA to adopt specific enforceable measures related to CAA section
128(a)(1) to address the current deficiencies in the Tennessee SIP
related to CAA section 110(a)(2)(E)(ii).
On March 20, 2013, EPA proposed to approve the majority of
Tennessee's October 19, 2009, infrastructure submission for the 2008
Lead NAAQS, and proposed in the alternative to conditionally approve
the portion of the infrastructure submission related to the PSD
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the section 128(a)(1) requirements of section
110(a)(2)(E)(ii). See 78 FR 17168.
As noted above, EPA's proposed conditional approval of section
110(a)(2)(E)(ii) as it relates to section 128(a)(1) requirements, was
based upon the State's March 28, 2012 commitment letter to address
current deficiencies in the Tennessee SIP related to these
requirements. Based upon an earlier conditional of approval of these
section 110(a)(2)(E)(ii) requirements as part of the infrastructure SIP
associated with another NAAQS, Tennessee has already committed to
submitting to EPA the necessary revisions to address section 128(a)(1)
requirements by July 23, 2013. See 77 FR 42997. Accordingly, the
proposed conditional approval of section 110(a)(2)(E)(ii) as it relates
to the section 128(a)(1) requirements for the 2008 Lead infrastructure
SIP was conditioned upon the State's commitment to submit the SIP
revision(s) adopting specific enforceable measures to address the
128(a)(1) requirements by July 23, 2013.
EPA did not receive any comments, adverse or otherwise, on the
March 20, 2013, proposed rulemaking related to Tennessee's 2008 Lead
infrastructure submission.
II. This Action
Today's rulemaking finalizes approval of Tennessee's infrastructure
submission except for the portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) pertaining to PSD requirements,
and the portion of section 110(a)(2)(E)(ii) related to section
128(a)(1) requirements. Today's rulemaking also finalizes conditional
approval of the section 110(a)(2)(E)(ii) portion of Tennessee's
infrastructure SIP submission related to section 128(a)(1)
requirements.\5\ EPA is not today taking any action with respect to the
portions of Tennessee's infrastructure submission related to the PSD
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). EPA intends to act on these remaining portions of
Tennessee's infrastructure submission in a separate rulemaking. See
EPA's March 20, 2013, proposed rulemaking at 78 FR 17168 for more
detail.
---------------------------------------------------------------------------
\5\ EPA is finalizing approval of section 110(a)(2)(E)(ii) as it
relates to section 128(a)(2) requirements and finalizing approval of
section 110(a)(2)(E)(i) and (iii).
---------------------------------------------------------------------------
As noted above, EPA received no comments, adverse or otherwise, on
its March 20, 2013, proposed actions related to Tennessee's October 19,
2009, infrastructure submission for the 2008 Lead NAAQS. For those
portions of Tennessee's October 19, 2009, infrastructure submission
that EPA is taking final action on today, EPA has determined that the
State's infrastructure submission, with the exception of section
110(a)(2)(E)(ii) as it relates to section 128(a)(1) requirements,\6\ is
consistent with section 110 of the CAA.
---------------------------------------------------------------------------
\6\ Section 128(a)(1) requires that the SIP include requirements
that any board or body which approves permits or enforcement orders
under the CAA shall have at least a majority of members who
represent the public interest and do not derive any significant
portion of their from persons subject to permits or enforcement
orders under the CAA.
---------------------------------------------------------------------------
EPA is today finalizing a conditional of section 110(a)(2)(E)(ii)
as it relates to section 128(a)(1) requirements \7\ based upon the
State's March 28, 2012, commitment letter to adopt specific enforceable
measures related to CAA section 128(a)(1) to address the current
deficiencies in the Tennessee SIP related to CAA section
110(a)(2)(E)(ii) by July 23, 2013. As a result of Tennessee's March 28,
2012, commitment letter, EPA has determined that conditional approval,
specifically pertaining to the requirements of 128(a)(1), is
appropriate because the State has explicitly committed to address
current deficiencies in the Tennessee SIP related to sub-element
110(a)(2)(E)(ii) consistent with the requirements of CAA section
110(k)(4).
---------------------------------------------------------------------------
\7\ EPA is finalizing approval of section 110(a)(2)(E)(ii) as it
relates to section 128(a)(2) requirements and finalizing approval of
section 110(a)(2)(E)(i) and (iii).
---------------------------------------------------------------------------
If the State fails to submit the SIP revision by July 23, 2013,
today's conditional approval will automatically become a disapproval on
that date and EPA will issue a finding of disapproval. EPA is not
required to propose the finding of disapproval. If the conditional
approval is converted to a disapproval, the final disapproval triggers
the Federal Implementation Plan requirement under section 110(c).
However, if the State meets its commitment within the applicable
timeframe, the conditionally approved submission will remain a part of
the SIP until EPA takes final action approving or disapproving the new
submittal. If EPA disapproves the new submittal, today's conditionally
approved submittal will also be disapproved at that time. If EPA
approves the new submittal, Tennessee's infrastructure SIP will be
fully approved in its entirety and replace the conditionally approved
element in the SIP.
III. Final Action
EPA is taking final action to approve Tennessee's October 19, 2009,
submission for the 2008 Lead NAAQS, with the exception of the State's
submission related to the PSD requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J), and the section 128(a)(1)
requirements of section 110(a)(2)(E)(ii). For those sections that EPA
is today finalizing approval, EPA has made the determination that TDEC
has addressed the CAA 110(a)(1) and (2) SIP requirements pursuant to
EPA's October 14, 2011, guidance to ensure that the 2008 Lead NAAQS are
implemented, enforced, and maintained in Tennessee. With respect to
Tennessee's October 19, 2009, submission for the 2008 Lead
[[Page 36443]]
NAAQS addressing the section 128(a)(1) requirements of section
110(a)(2)(E)(ii), EPA is conditionally approve the State's submission
based on Tennessee's March 28, 2012, commitment to submit a SIP
revision to address the section 128(a)(1) requirements.
Finally, in this rulemaking, EPA notes that it is not taking final
action related to the PSD portions of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J). EPA intends to take final action
on the portions of Tennessee's infrastructure submission related to the
PSD portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) in a separate rulemaking.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 19, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Lead.
Dated: May 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2219 paragraphs (c) and (d) are revised to read as
follows:
Sec. 52.2219 Conditional approval.
* * * * *
(c) Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
October 19, 2009, to address the Clean Air Act (CAA) sections
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) for the 2008
Lead National Ambient Air Quality Standards. EPA is conditionally
approving TDEC's submittal with respect to the PSD requirements of CAA
sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J),
specifically related to the adoption of enforceable provisions for PSD
increments as detailed in TDEC's October 4, 2012, commitment letter.
Tennessee must submit to EPA by March 6, 2014, a SIP revision adopting
specific enforceable measures related to PSD increments as described in
the State's letter of commitment.
(d) Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
October 19, 2009, to address the Clean Air Act (CAA) section
110(a)(2)(E)(ii) for the 2008 Lead National Ambient Air Quality
Standards. With respect to CAA section 110(a)(2)(E)(ii), specifically
related to the adoption of enforceable measures contained in CAA
section 128(a)(1), EPA published in the Federal Register a final
rulemaking to conditionally approve TDEC's March 28, 2012, commitment
on July 23, 2012. Tennessee must submit to EPA by July 23, 2013, SIP
revisions adopting specific enforceable measures related to CAA
sections 128(a)(1) as described in the State's letter of commitment.
* * * * *
0
3. Section 52.2220(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 36444]]
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee........... 10/19/2009 06/18/2013 [Insert With the exception
Requirements for the 2008 Lead citation of of section
National Ambient Air Quality publication]. 110(a)(2)(D)(i)(I)
Standards. concerning
interstate
transport; the
portions of
sections
110(a)(2)(C),
prong 3 of
110(a)(2)(D)(i),
and 110(a)(2)(J)
related to PSD,
which are being
conditionally
approved; and
section
110(a)(2)(E)(ii)
as it relates to
section 128(a)(1),
which is being
conditionally
approved.
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[FR Doc. 2013-14068 Filed 6-17-13; 8:45 am]
BILLING CODE 6560-50-P
