Approval and Promulgation of Implementation Plans; Tennessee: New Source Review-Prevention of Significant Deterioration, 44886-44890 [2013-17842]
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Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations
dates on or after April 1, 2013 will be
incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the
rules and regulations provided by EPA
at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the
§ 52.2520 Identification of plan.
officially promulgated State rules and
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regulations which have been approved
(b) Incorporation by reference.
as part of the State implementation plan
(1) Material listed as incorporated by
as of April 1, 2013.
reference in paragraphs (c) and (d) of
(ii) EPA Region III certifies that the
this section with an EPA approved date
following source-specific requirements
provided by EPA at the addresses in
of April 1, 2013 was approved for
paragraph (b)(3) of this section are an
incorporation by reference by the
exact duplicate of the officially
Director of the Federal Register in
promulgated State source-specific
accordance with 5 U.S.C. 552(a) and 1
requirements which have been
CFR part 51. The material incorporated
is as it exists on the date of the approval, approved as part of the State
and notice of any change in the material implementation plan as of November 1,
2010. No additional revisions were
will be published in the Federal
made between November 1, 2010 and
Register. Entries in paragraphs (c) and
April 1, 2013.
(d) of this section with EPA approval
b. Revising the heading of paragraph
(c); and
■ c. In paragraph (c) revising each entry
under 45 CSR 8 (Ambient Air Quality
Standards).
The revised text read as follows:
■
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region III Office at
1650 Arch Street, Philadelphia, PA
19103. For further information, call
(215) 814–2108; the EPA, Air and
Radiation Docket and Information
Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue
NW., Washington, DC 20460. For further
information, call (202) 566–1742; or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA-Approved Regulations and
Statutes.
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20
or 45 CSR]
State effective
date
Title/subject
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Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
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[45 CSR] Series 8 Ambient Air Quality Standards
Section 45–8–1
General .........................................
6/1/12
10/29/12, 77 FR 65493 .................
Filing and effective dates are revised.
Section 45–8–2
Section 45–8–3
Section 45–8–4
Definitions .....................................
Adoption of Standards ..................
Inconsistency Between Rules .......
6/1/12
6/1/12
6/1/12
10/29/12, 77 FR 65493 .................
10/29/12, 77 FR 65493 .................
10/29/12, 77 FR 65493 .................
Effective date is revised.
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[FR Doc. 2013–17836 Filed 7–24–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0894; FRL–9837–1]
Approval and Promulgation of
Implementation Plans; Tennessee:
New Source Review-Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
EPA is taking final action to
approve portions of a revision to the
Tennessee State Implementation Plan
(SIP), submitted by the Tennessee
Department of Environment and
Conservation (TDEC) through the
Division of Air Pollution Control, to
SUMMARY:
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EPA on October 4, 2012, for parallel
processing. TDEC submitted the final
version of this SIP revision on May 10,
2013. The SIP revision approved in this
action modifies Tennessee’s New
Source Review (NSR) Prevention of
Significant Deterioration (PSD) program
to adopt, into the Tennessee SIP, federal
regulatory requirements regarding PSD
increments for fine particles with an
aerodynamic diameter of less than or
equal to 2.5 micrometers. EPA is
approving portions of Tennessee’s May
10, 2013, SIP revision because the
Agency has made the determination that
these portions of the SIP revision are in
accordance with the Clean Air Act (CAA
or Act) and EPA regulations regarding
NSR permitting.
DATES: This rule will be effective August
26, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0894. All documents in the docket
are listed on the www.regulations.gov
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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
for further information. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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For
information regarding the Tennessee
SIP, contact Ms. Twunjala Bradley,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Bradley’s telephone number is (404)
562–9352; email address:
bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms.
Yolanda Adams, Air Permits Section, at
the same address above. Ms. Adams’
telephone number is (404) 562–9241;
email address: adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
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I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 4, 2012, TDEC submitted
a draft SIP revision for parallel
processing. The October 4, 2012, draft
SIP revision changes Tennessee’s Air
Quality Regulations, Chapter 1200–03–
09—Construction and Operating
Permits, Rule Number .01—
Construction Permits, to adopt PSD
requirements related to the
implementation of the PM2.5 NAAQS as
promulgated in the rule entitled
‘‘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
(October 20, 2010) (hereafter referred to
as the ‘‘PM2.5 PSD Increments-SILs-SMC
Rule’’). TDEC submitted its final SIP
revision to EPA on May 10, 2013.
In addition, on February 26, 2013,
Tennessee provided a final submission
to EPA that corrects the State’s
definition of ‘‘regulated NSR pollutant’’
at Chapter 1200–03–09–.01(4)(b)47(vi)
by removing the term ‘‘particulate
matter (PM) emissions.’’ Tennessee
made this change to be consistent with
EPA’s October 25, 2012, rulemaking
entitled ‘‘Implementation of the New
Source Review (NSR) Program for
Particulate Matter Less Than 2.5
Micrometers (PM2.5): Amendment to the
Definition of ‘Regulated NSR Pollutant’
Concerning Condensable Particulate
Matter, Final Rule,’’ 77 FR 65107
(hereafter referred to as the
‘‘Condensable PM Correction Rule’’).
EPA never took action to include this
term into Tennessee’s SIP. Therefore,
this submission is administrative in
nature to correct Tennessee’s state laws
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and does not require any action by
EPA—EPA is simply pointing out this
issue for clarification purposes.
On April 22, 2013, EPA proposed to
approve, through parallel processing,
Tennessee’s draft October 4, 2012, SIP
revision to address the PM2.5 increment
requirements.1 EPA’s April 22, 2013,
proposed rulemaking was contingent
upon Tennessee providing a final SIP
revision that was substantively the same
as their October 4, 2012, draft SIP
revision. See 78 FR 23704. Comments
on EPA’s April 22, 2013, proposed
rulemaking were due on or before May
22, 2013. EPA received no comments
adverse or otherwise. TDEC submitted
the final version of its SIP revision on
May 10, 2013. Tennessee’s October 4,
2012, May 10, 2013, and February 26,
2013, submissions are provided in the
docket for today’s final action (Docket
ID: EPA–R04–OAR–2012–0894). The
SIP submittal changes are briefly
summarized below. Please refer to
EPA’s April 22, 2013, proposed
rulemaking for more detailed
information regarding the state’s
submission as well as the Agency’s
rationale for today’s final rulemaking.
Tennessee’s May 10, 2013, final SIP
revision reflects two changes from the
State’s October 4, 2012, draft submittal.
These two changes, made by TDEC at
EPA’s request, were needed to make
Tennessee’s rule consistent with EPA’s
PM2.5 PSD Increment-SILs-SMC Rule.
As EPA explained in the April 22, 2013,
proposed rulemaking, Tennessee
inadvertently omitted from the October
4, 2012, draft submission certain
provisions established in the PM2.5 PSD
Increment-SILs-SMC Rule including: (1)
The Class I variances for PM2.5
increments at 1200–03–09–.01(4)(n)3,
and the administrative change to replace
the term ‘‘particulate matter’’ with
‘‘PM2.5, PM10’’2 (consistent with federal
rule at 40 CFR 51.166(c) and (p)(5)); and
(2) the administrative changes to the
definition of ‘‘baseline date’’ at 1200–
03–09–.01(4)(b)15(i) and (ii)(I) to replace
the term ‘‘particulate matter’’ with
‘‘PM10.’’ In the April 22, 2013, proposed
rulemaking, EPA explained that TDEC
had committed to addressing these
inadvertent omissions in the final SIP
submission. See 78 FR at 23708.
Tennessee’s May 10, 2013, final SIP
1 EPA’s April 22, 2013, proposed rulemaking
stated that as a result of the January 22, 2013, D.C.
Circuit decision to vacate and remand the PM2.5
SILs and vacate the PM2.5 SMCs as well as
consultations with EPA Region 4, TDEC would
request in their final SIP submission that EPA not
take action to approve into the Tennessee SIP the
PM2.5 SILs and SMC. See 78 FR 23704.
2 PM
10 means particulate matter with an
aerodynamic diameter of less than or equal to a
nominal ten micrometers in diameter.
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revision addressed the provisions for
PM2.5 Increments for Class I variances
and changes to the definition of
‘‘baseline date’’ in accordance with the
October 20, 2010 rule and to
appropriately implement the PSD
increments for the PM2.5 NAAQS.
Additionally, Tennessee’s May 10,
2013, final SIP submission cover letter
requested that EPA not take action to
approve into Tennessee’s SIP the
portions of the state rule that establish
PM2.5 SILs (at 1200–03–09–
.01(5)(b)1(xix)) and SMCs (at 1200–03–
09–.01(4)(d)6(i)(III)).3 Tennessee made
this request to be consistent with a D.C.
Circuit court decision that occurred as
the State was going through its
rulemaking process. See Sierra Club v.
EPA, 705 F.3d 458 (D.C. Cir. 2013).4 As
requested by the State of Tennessee,
EPA is not taking final action in this
rulemaking on the portions of the May
10, 2013, SIP submittal related to the
PM2.5 SILs and SMC thresholds as
promulgated in EPA’s PM2.5 PSD
Increment-SILs-SMC Rule. Besides the
abovementioned changes, there were no
significant differences between
Tennessee’s October 4, 2012, draft SIP
revision, and the State’s May 10, 2013,
final SIP revision to adopt the PM2.5
PSD increments.
A. PM2.5 PSD Increment SILs-SMC Rule
The PM2.5 PSD Increment-SILs-SMC
Rule provided additional regulatory
provisions under the PSD program
regarding the implementation of the
PM2.5 NAAQS for NSR including: (1)
PM2.5 increments pursuant to section
166(a) of the CAA to prevent significant
deterioration of air quality in areas
meeting the NAAQS; (2) SILs used as a
screening tool (by a major source subject
3 EPA’s April 22, 2013, proposed rulemaking
stated that as a result of the January 22, 2013, D.C.
Circuit decision to vacate and remand the PM2.5
SILs and vacate the PM2.5 SMCs as well as
consultations with EPA Region 4, TDEC would
request in their final SIP submission (to adopt
permitting provisions promulgated in the PM2.5
Increments-SILs-SMC Rule) that EPA not take
action to approve into the Tennessee SIP the PM2.5
SILs and SMC. See 78 FR 23704.
4 The Sierra Club challenged EPA’s authority to
implement the PM2.5 SILs and SMC for PSD
purposes as promulgated in the October 20, 2010,
PM2.5 PSD Increment-SILs-SMC Rule. See Sierra
Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On
January 22, 2013, the court issued an order vacating
and remanding to EPA for further consideration the
portions of its PM2.5 PSD Increment-SILs-SMC Rule
addressing the PM2.5 SILs, except for the parts
codifying the PM2.5SILs in the NSR rule at 40 CFR
51.165(b)(2). The court also vacated parts of the
PM2.5 PSD Increment-SILs-SMC Rule establishing
the PM2.5 SMC, finding that the Agency had
exceeded its statutory authority with respect to
these provisions. The D.C. Circuit Court’s decision
can be found in the docket for today’s rulemaking
at www.regulations.gov using docket ID: EPA–R04–
OAR–2012–0894.
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to PSD) to evaluate the impact a
proposed major source or modification
may have on the NAAQS or PSD
increment; and (3) a SMC, (also a
screening tool) used by a major source
subject to PSD to determine the
subsequent level of PM2.5 data gathering
required for a PSD permit application.
PSD increments prevent air quality in
attainment/unclassifiable areas from
deteriorating to the level set by the
NAAQS. Therefore, an increment is the
mechanism used to estimate ‘‘significant
deterioration’’ 5 of air quality for a
pollutant in an area.
Under section 165(a)(3) of the CAA, a
PSD permit applicant must demonstrate
that emissions from the proposed
construction and operation of a facility
‘‘will not cause, or contribute to, air
pollution in excess of any maximum
allowable increase or allowable
concentration for any pollutant.’’ When
a source applies for a permit to emit a
regulated pollutant in an area that meets
the NAAQS, the state and EPA must
determine if emissions of the regulated
pollutant from the source will cause
significant deterioration in air quality.
As described in the PM2.5 PSD
Increment-SILs-SMC Rule, pursuant to
the authority under section 166(a) of the
CAA, EPA promulgated numerical PSD
increments for PM2.5 as a new pollutant6
for which NAAQS were established
after August 7, 1977,7 and derived 24hour and annual PM2.5 increments for
the three area classifications (Class I, II
and III) using the ‘‘contingent safe
harbor’’ approach. See 75 FR 64869 and
the ambient air increment tables at 40
CFR 51.166(c)(1) and 52.21(c). In
addition to PSD increments for the
PM2.5 NAAQS, the PM2.5 PSD
Increment-SILs-SMC Rule amended the
definition at 40 CFR 51.166 and 52.21
for ‘‘major source baseline date’’ and
’’minor source baseline date’’ (including
5 Significant deterioration occurs when the
amount of the new pollution exceeds the applicable
PSD increment, which is the ‘‘maximum allowable
increase’’ of an air pollutant allowed to occur above
the applicable baseline concentration for that
pollutant. Section 169(4) of the CAA provides that
the baseline concentration of a pollutant for a
particular baseline area is generally the air quality
at the time of the first application for a PSD permit
in the area.
6 EPA generally characterized the PM
2.5 NAAQS
as a NAAQS for a new indicator of PM. EPA did
not replace the PM10 NAAQS with the NAAQS for
PM2.5 when the PM2.5 NAAQS were promulgated in
1997. EPA rather retained the annual and 24-hour
NAAQS for PM2.5 as if PM2.5 was a new pollutant
even though EPA had already developed air quality
criteria for PM generally. See 75 FR 64864 (October
20, 2010).
7 EPA interprets 166(a) to authorize EPA to
promulgate pollutant-specific PSD regulations
meeting the requirements of section 166(c) and
166(d) for any pollutant for which EPA promulgates
a NAAQS after 1977.
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trigger date) to establish the PM2.5
NAAQS specific dates associated with
the implementation of PM2.5 PSD
increments. See 75 FR 64864. As
mentioned above, due to the January 22,
2013, D.C. Circuit court decision, TDEC
requested in its May 10, 2013, final SIP
submission that EPA not take action to
approve the PM2.5 SILs and SMC
screening tools 8 into the Tennessee SIP.
B. Condensable PM Correction
Tennessee’s February 26, 2013,
submission removes the term
‘‘particulate matter emissions’’ from
Tennessee’s state law definition of
‘‘regulated NSR pollutant.’’ As
explained above, Tennessee made this
rule change to be consistent with EPA’s
October 25, 2012, final Condensable PM
Correction Rule, which revised the
definition of ‘‘regulated NSR
pollutant’’ 9 to remove an inadvertent
requirement promulgated in the May 16,
2008 NSR PM2.5 Rule.10 Specifically, the
NSR PM2.5 Rule inadvertently
established that measurement of
condensable ‘‘particulate matter
emissions’’ 11 must be included as part
of the measurement and regulation of
particulate matter. See 77 FR 15656.
However, EPA’s final Condensable PM
Correction Rule removed this
inadvertent requirement from the
definition of ‘‘regulated NSR pollutant.’’
See 77 FR 65107. EPA interprets
Tennessee’s February 26, 2013,
submittal as superseding the portion of
Tennessee’s July 29, 2011,12 SIP
8 In the October 20, 2010, final rulemaking EPA
explained that the SILs and SMCs are not required
by the Act as part of an approvable SIP program;
therefore states are not under any SIP-related
deadline for revising their PSD programs to add
these screening tools. See 75 FR 64864, 64900.
9 The final rulemaking revised the definition of
regulated NSR pollutant at 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(vi) and part 51,
appendix S (‘‘Emissions Offset Interpretative
Ruling’’).
10 The NSR PM
2.5 Rule entitled ‘‘Implementation
of the New Source Review Program for Particulate
Matter Less than 2.5 Micrometers,’’ Final Rule, 73
FR 28321 (May 16, 2008) revised the federal NSR
program requirements at 40 CFR 51.166, 51.165,
52.21 and ‘‘Emissions Offset Interpretative Ruling’’
(40 CFR part 51, appendix S) to establish the
framework for implementing preconstruction
permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas.
11 The term ‘‘particulate matter emissions’’
includes filterable particles that are larger than
PM2.5 and PM10 and is an indicator measured under
various New Source Performance Standards (NSPS)
(40 CFR part 60). In addition to the NSPS for PM,
it is noted that states have regulated ‘‘particulate
matter emissions’’ for many years in their SIPs for
PM, and the same indicator has been used as a
surrogate for determining compliance with certain
standards contained in 40 CFR part 63, regarding
National Emission Standards for Hazardous Air
Pollutants.
12 Tennessee’s July 29, 2011, SIP revision adopted
NSR permitting requirements promulgated in the
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submittal that included the term
‘‘particulate matter emissions’’ in the
definition of ‘‘regulated NSR pollutant.’’
As such, there is no longer a SIP
submittal to include the term
‘‘particulate matter emissions’’ in the
definition of ‘‘regulated NSR pollutant’’
before the Agency, and thus, no further
action is required as the provision was
never approved into the SIP—EPA is
simply pointing out this issue for
clarification purposes.
II. This Action
In this rulemaking, EPA is taking final
action to approve portions of
Tennessee’s May 10, 2013, final SIP
revision to adopt the PM2.5 PSD
increments promulgated in the October
20, 2010, PM2.5 Increment-SILs-SMC
Rule (pursuant to section 166(a) of the
CAA and codified at 40 CFR 51.166)
into the Tennessee SIP at Chapter 1200–
03–09 13 including: (1) The PM2.5 PSD
increments at TDEC’s ambient air
increments table Rule 1200–.03–09–
.01(4)(f); (2) revisions to the definition
of ‘‘baseline date’’ at Rule 1200–03–09–
.01(4)(b)15 to establish the PM2.5 ‘‘major
source baseline date’’ (consistent with
40 CFR 51.166(b)(14)(i)(a) and (c)) and
to establish the PM2.5 ‘‘trigger date’’
used for determining the ‘‘minor source
baseline date’’ (consistent with 40 CFR
51.166(b)(14)(ii)(c)); and, (3) a revision
to the definition of ‘‘baseline area’’ at
Rule 1200–03–09–.01(4)(b)14 to specify
pollutant air quality impact annual
averages (consistent with 40 CFR
51.166(b)(15)(i) and (ii)). In addition, as
discussed in EPA’s April 22, 2013
proposal, TDEC’s October 4, 2012,
parallel processing submission did not
update the state’s Class I variances (at
Rule 1200–03–09–.01(4)(n)3) to include
the PM2.5 increments or administrative
May 16, 2008, NSR PM2.5 Rule including the
requirement to consider condensable PM for PSD
applicability. As a result of EPA’s then March 16,
2012 (77 FR 15656), proposed Condensable PM
Correction Rule Tennessee submitted a letter to
EPA on May 1, 2012, requesting that EPA not
approve into the Tennessee SIP the term
‘‘particulate matter emissions’’ (at rule 1200–03–09.01(4)(b)47(vi)) as part of the definition for
‘‘regulated NSR pollutant.’’ Consistent with this
request, EPA took final action to approve
Tennessee’s July 29, 2011, NSR PM2.5 Rule SIP
revision on July 30, 2012, excluding the term
‘‘particulate matter emissions,’’ and at the time did
not act on the portion of Tennessee’s revised
‘‘regulated NSR pollutant’’ definition as requested
by the State. See 77 FR 44481.
13 Tennessee currently has a SIP-approved NSR
program for new and modified stationary sources.
TDEC’s PSD preconstruction rules are found at Air
Quality Regulations, Chapter 1200–03–09—
Construction and Operating Permits, Rule Number
.01—Construction Permits and apply to major
stationary sources or modifications constructed in
areas designated attainment areas or unclassifiable/
attainment areas as required under part C of title I
of the CAA with respect to the NAAQS.
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amendments to the definition of
‘‘baseline area’’ (at Rule 1200–03–09–
.01(4)(b)15(i) and (ii)(I)) established in
the October 20, 2010, rule and codified
at 40 CFR 51.166. See 77 FR 68279.
Tennessee’s May 10, 2013, final
submission adopting the PM2.5 PSD
increments addresses the two
abovementioned provisions to be
consistent with the PSD increments
portion of the PM2.5 Increments-SILsSMC Rule. These changes provide for
the implementation of the PM2.5 PSD
increments for the PM2.5 NAAQS in the
State’s PSD program and became state
effective on April 24, 2013.
Pursuant to section 110 of the CAA,
EPA is approving portions of
Tennessee’s May 10, 2013, SIP revision
to address PM2.5 PSD increments. In
EPA’s April 22, 2013, proposed
rulemaking, EPA proposed not to
approve into the Tennessee SIP the
PM2.5 SILs and SMC as a result of the
January 22, 2013, D.C. Circuit Court’s
decision. As requested in TDEC’s May
10, 2013, SIP submission, EPA is not
taking final action at this time on any
portions of Tennessee’s PSD SIP
submission regarding the PM2.5 SILs and
SMC provisions as codified at 40 CFR
51.166 and 52.21.
III. Final Action
EPA is taking final action to approve
portions of Tennessee’s May 10, 2013,
SIP revision to adopt only the PM2.5
increments as amended in the October
20, 2010, PM2.5 PSD Increments-SILsSMC Rule. EPA has made the
determination that these portions of
Tennessee’s SIP revision are approvable
because they are in accordance with
section 110 of the CAA and EPA
regulations regarding NSR permitting.
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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
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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
PO 00000
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44889
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 23, 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, Greenhouse gases,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In Section 52.2220, Table 1 in
paragraph (c) is amended by revising the
entry for Section 1200–3–9-.01
‘‘Definitions’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
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44890
Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations
TABLE 1–EPA APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
CHAPTER 1200–3–9
Section 1200–3–9-.01 .......
Definitions ...
*
*
*
*
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[FR Doc. 2013–17842 Filed 7–24–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2009–0140; FRL- 9835–7]
Approval and Promulgation of
Implementation Plans; North Carolina;
Control Techniques Guidelines and
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On May 1, 2013, the State of
North Carolina, through the North
Carolina Department of Environment
and Natural Resources (NC DENR),
submitted to EPA a state
implementation plan (SIP) revision to
satisfy North Carolina’s commitment
associated with the conditional
approval of its reasonably available
control technology (RACT) requirements
for volatile organic compound (VOC)
sources located in the North Carolina
portion of the Charlotte—Gastonia—
Rock Hill, North Carolina—South
Carolina 1997 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘bi-state Charlotte Area’’). The
NC DENR May 1, 2013, SIP revision also
includes additional changes to North
Carolina’s RACT rules. EPA is taking
final action to approve a number of
these SIP changes to the State’s RACT
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:48 Jul 24, 2013
Jkt 229001
Explanation
*
7/25/2013 [Insert citation
of publication].
*
*
7/25/2013 [Insert citation of publication]—EPA is approving Tennessee’s May 10, 2013, SIP revision to
Chapter 1200–3–9-.01 with the exception of the
PM2.5 SILs (at 1200–3–9–.01(5)(b)1(xix)) and SMC
(at 1200–3–9–.01(4)(d)6(i)(III)) as promulgated in
the October 20, 2010, PM2.5 Increments-SILs-SMC
Rule.
February 7, 2012 (77 FR 6016)—EPA is approving
Tennessee’s May 28, 2009, SIP revisions to Chapter 1200–3–9–.01 with the exception of the ‘‘baseline actual emissions’’ calculation revision found at
1200–3–9–.01(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of the
submittal.
*
rules and to convert the existing
conditional approval of VOC RACT
provisions in the North Carolina SIP to
a full approval under the Clean Air Act
(CAA or Act). EPA has evaluated the
changes to North Carolina’s SIP, and has
made the determination that those being
approved through this action are
consistent with statutory and regulatory
requirements and EPA guidance.
DATES: Effective Date: This rule will be
effective August 26, 2013
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2009–0140. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
PO 00000
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CONSTRUCTION AND OPERATING PERMITS
4/24/2013
*
*
EPA approval date
Frm 00020
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*
*
Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9029.
Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On April 30, 2004, EPA designated
the bi-state Charlotte Area as a moderate
nonattainment area with respect to the
1997 8-hour ozone NAAQS.1 See 69 FR
23858. The bi-state Charlotte Area for
the 1997 8-hour ozone NAAQS includes
six full counties and one partial county
in North Carolina; and one partial
county in South Carolina. The North
Carolina portion of the bi-state Charlotte
Area consists of Cabarrus, Gaston,
Lincoln, Mecklenburg, Rowan, Union
and a portion of Iredell County which
includes Davidson and Coddle Creek
1 Portions of the bi-state Charlotte Area were
previously designated as a moderate nonattainment
area for the 1-hour ozone NAAQS. The Area was
subsequently redesignated to attainment for the 1hour ozone NAAQS, and a maintenance plan was
approved into the North Carolina SIP. The original
Charlotte-Gastonia, North Carolina 1-hour moderate
ozone nonattainment area consisted of Mecklenburg
and Gaston counties in North Carolina.
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]]>Agencies
[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44886-44890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17842]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0894; FRL-9837-1]
Approval and Promulgation of Implementation Plans; Tennessee: New
Source Review-Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve portions of a revision
to the Tennessee State Implementation Plan (SIP), submitted by the
Tennessee Department of Environment and Conservation (TDEC) through the
Division of Air Pollution Control, to EPA on October 4, 2012, for
parallel processing. TDEC submitted the final version of this SIP
revision on May 10, 2013. The SIP revision approved in this action
modifies Tennessee's New Source Review (NSR) Prevention of Significant
Deterioration (PSD) program to adopt, into the Tennessee SIP, federal
regulatory requirements regarding PSD increments for fine particles
with an aerodynamic diameter of less than or equal to 2.5 micrometers.
EPA is approving portions of Tennessee's May 10, 2013, SIP revision
because the Agency has made the determination that these portions of
the SIP revision are in accordance with the Clean Air Act (CAA or Act)
and EPA regulations regarding NSR permitting.
DATES: This rule will be effective August 26, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0894. 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 for
further information. The Regional Office's official hours of business
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
[[Page 44887]]
FOR FURTHER INFORMATION CONTACT: For information regarding the
Tennessee SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Ms. Bradley's telephone number
is (404) 562-9352; email address: bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms. Yolanda Adams, Air Permits
Section, at the same address above. Ms. Adams' telephone number is
(404) 562-9241; email address: adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 4, 2012, TDEC submitted a draft SIP revision for
parallel processing. The October 4, 2012, draft SIP revision changes
Tennessee's Air Quality Regulations, Chapter 1200-03-09--Construction
and Operating Permits, Rule Number .01--Construction Permits, to adopt
PSD requirements related to the implementation of the PM2.5
NAAQS as promulgated in the rule entitled ``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
(October 20, 2010) (hereafter referred to as the ``PM2.5 PSD
Increments-SILs-SMC Rule''). TDEC submitted its final SIP revision to
EPA on May 10, 2013.
In addition, on February 26, 2013, Tennessee provided a final
submission to EPA that corrects the State's definition of ``regulated
NSR pollutant'' at Chapter 1200-03-09-.01(4)(b)47(vi) by removing the
term ``particulate matter (PM) emissions.'' Tennessee made this change
to be consistent with EPA's October 25, 2012, rulemaking entitled
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5): Amendment to the
Definition of `Regulated NSR Pollutant' Concerning Condensable
Particulate Matter, Final Rule,'' 77 FR 65107 (hereafter referred to as
the ``Condensable PM Correction Rule''). EPA never took action to
include this term into Tennessee's SIP. Therefore, this submission is
administrative in nature to correct Tennessee's state laws and does not
require any action by EPA--EPA is simply pointing out this issue for
clarification purposes.
On April 22, 2013, EPA proposed to approve, through parallel
processing, Tennessee's draft October 4, 2012, SIP revision to address
the PM2.5 increment requirements.\1\ EPA's April 22, 2013,
proposed rulemaking was contingent upon Tennessee providing a final SIP
revision that was substantively the same as their October 4, 2012,
draft SIP revision. See 78 FR 23704. Comments on EPA's April 22, 2013,
proposed rulemaking were due on or before May 22, 2013. EPA received no
comments adverse or otherwise. TDEC submitted the final version of its
SIP revision on May 10, 2013. Tennessee's October 4, 2012, May 10,
2013, and February 26, 2013, submissions are provided in the docket for
today's final action (Docket ID: EPA-R04-OAR-2012-0894). The SIP
submittal changes are briefly summarized below. Please refer to EPA's
April 22, 2013, proposed rulemaking for more detailed information
regarding the state's submission as well as the Agency's rationale for
today's final rulemaking.
---------------------------------------------------------------------------
\1\ EPA's April 22, 2013, proposed rulemaking stated that as a
result of the January 22, 2013, D.C. Circuit decision to vacate and
remand the PM2.5 SILs and vacate the PM2.5
SMCs as well as consultations with EPA Region 4, TDEC would request
in their final SIP submission that EPA not take action to approve
into the Tennessee SIP the PM2.5 SILs and SMC. See 78 FR
23704.
---------------------------------------------------------------------------
Tennessee's May 10, 2013, final SIP revision reflects two changes
from the State's October 4, 2012, draft submittal. These two changes,
made by TDEC at EPA's request, were needed to make Tennessee's rule
consistent with EPA's PM2.5 PSD Increment-SILs-SMC Rule. As
EPA explained in the April 22, 2013, proposed rulemaking, Tennessee
inadvertently omitted from the October 4, 2012, draft submission
certain provisions established in the PM2.5 PSD Increment-
SILs-SMC Rule including: (1) The Class I variances for PM2.5
increments at 1200-03-09-.01(4)(n)3, and the administrative change to
replace the term ``particulate matter'' with ``PM2.5,
PM10''\2\ (consistent with federal rule at 40 CFR 51.166(c)
and (p)(5)); and (2) the administrative changes to the definition of
``baseline date'' at 1200-03-09-.01(4)(b)15(i) and (ii)(I) to replace
the term ``particulate matter'' with ``PM10.'' In the April
22, 2013, proposed rulemaking, EPA explained that TDEC had committed to
addressing these inadvertent omissions in the final SIP submission. See
78 FR at 23708. Tennessee's May 10, 2013, final SIP revision addressed
the provisions for PM2.5 Increments for Class I variances
and changes to the definition of ``baseline date'' in accordance with
the October 20, 2010 rule and to appropriately implement the PSD
increments for the PM2.5 NAAQS.
---------------------------------------------------------------------------
\2\ PM10 means particulate matter with an aerodynamic
diameter of less than or equal to a nominal ten micrometers in
diameter.
---------------------------------------------------------------------------
Additionally, Tennessee's May 10, 2013, final SIP submission cover
letter requested that EPA not take action to approve into Tennessee's
SIP the portions of the state rule that establish PM2.5 SILs
(at 1200-03-09-.01(5)(b)1(xix)) and SMCs (at 1200-03-
09-.01(4)(d)6(i)(III)).\3\ Tennessee made this request to be consistent
with a D.C. Circuit court decision that occurred as the State was going
through its rulemaking process. See Sierra Club v. EPA, 705 F.3d 458
(D.C. Cir. 2013).\4\ As requested by the State of Tennessee, EPA is not
taking final action in this rulemaking on the portions of the May 10,
2013, SIP submittal related to the PM2.5 SILs and SMC
thresholds as promulgated in EPA's PM2.5 PSD Increment-SILs-
SMC Rule. Besides the abovementioned changes, there were no significant
differences between Tennessee's October 4, 2012, draft SIP revision,
and the State's May 10, 2013, final SIP revision to adopt the
PM2.5 PSD increments.
---------------------------------------------------------------------------
\3\ EPA's April 22, 2013, proposed rulemaking stated that as a
result of the January 22, 2013, D.C. Circuit decision to vacate and
remand the PM2.5 SILs and vacate the PM2.5
SMCs as well as consultations with EPA Region 4, TDEC would request
in their final SIP submission (to adopt permitting provisions
promulgated in the PM2.5 Increments-SILs-SMC Rule) that
EPA not take action to approve into the Tennessee SIP the
PM2.5 SILs and SMC. See 78 FR 23704.
\4\ The Sierra Club challenged EPA's authority to implement the
PM2.5 SILs and SMC for PSD purposes as promulgated in the
October 20, 2010, PM2.5 PSD Increment-SILs-SMC Rule. See
Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On January 22,
2013, the court issued an order vacating and remanding to EPA for
further consideration the portions of its PM2.5 PSD
Increment-SILs-SMC Rule addressing the PM2.5 SILs, except
for the parts codifying the PM2.5SILs in the NSR rule at
40 CFR 51.165(b)(2). The court also vacated parts of the
PM2.5 PSD Increment-SILs-SMC Rule establishing the
PM2.5 SMC, finding that the Agency had exceeded its
statutory authority with respect to these provisions. The D.C.
Circuit Court's decision can be found in the docket for today's
rulemaking at www.regulations.gov using docket ID: EPA-R04-OAR-2012-
0894.
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A. PM2.5 PSD Increment SILs-SMC Rule
The PM2.5 PSD Increment-SILs-SMC Rule provided
additional regulatory provisions under the PSD program regarding the
implementation of the PM2.5 NAAQS for NSR including: (1)
PM2.5 increments pursuant to section 166(a) of the CAA to
prevent significant deterioration of air quality in areas meeting the
NAAQS; (2) SILs used as a screening tool (by a major source subject
[[Page 44888]]
to PSD) to evaluate the impact a proposed major source or modification
may have on the NAAQS or PSD increment; and (3) a SMC, (also a
screening tool) used by a major source subject to PSD to determine the
subsequent level of PM2.5 data gathering required for a PSD
permit application. PSD increments prevent air quality in attainment/
unclassifiable areas from deteriorating to the level set by the NAAQS.
Therefore, an increment is the mechanism used to estimate ``significant
deterioration'' \5\ of air quality for a pollutant in an area.
---------------------------------------------------------------------------
\5\ Significant deterioration occurs when the amount of the new
pollution exceeds the applicable PSD increment, which is the
``maximum allowable increase'' of an air pollutant allowed to occur
above the applicable baseline concentration for that pollutant.
Section 169(4) of the CAA provides that the baseline concentration
of a pollutant for a particular baseline area is generally the air
quality at the time of the first application for a PSD permit in the
area.
---------------------------------------------------------------------------
Under section 165(a)(3) of the CAA, a PSD permit applicant must
demonstrate that emissions from the proposed construction and operation
of a facility ``will not cause, or contribute to, air pollution in
excess of any maximum allowable increase or allowable concentration for
any pollutant.'' When a source applies for a permit to emit a regulated
pollutant in an area that meets the NAAQS, the state and EPA must
determine if emissions of the regulated pollutant from the source will
cause significant deterioration in air quality. As described in the
PM2.5 PSD Increment-SILs-SMC Rule, pursuant to the authority
under section 166(a) of the CAA, EPA promulgated numerical PSD
increments for PM2.5 as a new pollutant\6\ for which NAAQS
were established after August 7, 1977,\7\ and derived 24-hour and
annual PM2.5 increments for the three area classifications
(Class I, II and III) using the ``contingent safe harbor'' approach.
See 75 FR 64869 and the ambient air increment tables at 40 CFR
51.166(c)(1) and 52.21(c). In addition to PSD increments for the
PM2.5 NAAQS, the PM2.5 PSD Increment-SILs-SMC
Rule amended the definition at 40 CFR 51.166 and 52.21 for ``major
source baseline date'' and ''minor source baseline date'' (including
trigger date) to establish the PM2.5 NAAQS specific dates
associated with the implementation of PM2.5 PSD increments.
See 75 FR 64864. As mentioned above, due to the January 22, 2013, D.C.
Circuit court decision, TDEC requested in its May 10, 2013, final SIP
submission that EPA not take action to approve the PM2.5
SILs and SMC screening tools \8\ into the Tennessee SIP.
---------------------------------------------------------------------------
\6\ EPA generally characterized the PM2.5 NAAQS as a
NAAQS for a new indicator of PM. EPA did not replace the
PM10 NAAQS with the NAAQS for PM2.5 when the
PM2.5 NAAQS were promulgated in 1997. EPA rather retained
the annual and 24-hour NAAQS for PM2.5 as if
PM2.5 was a new pollutant even though EPA had already
developed air quality criteria for PM generally. See 75 FR 64864
(October 20, 2010).
\7\ EPA interprets 166(a) to authorize EPA to promulgate
pollutant-specific PSD regulations meeting the requirements of
section 166(c) and 166(d) for any pollutant for which EPA
promulgates a NAAQS after 1977.
\8\ In the October 20, 2010, final rulemaking EPA explained that
the SILs and SMCs are not required by the Act as part of an
approvable SIP program; therefore states are not under any SIP-
related deadline for revising their PSD programs to add these
screening tools. See 75 FR 64864, 64900.
---------------------------------------------------------------------------
B. Condensable PM Correction
Tennessee's February 26, 2013, submission removes the term
``particulate matter emissions'' from Tennessee's state law definition
of ``regulated NSR pollutant.'' As explained above, Tennessee made this
rule change to be consistent with EPA's October 25, 2012, final
Condensable PM Correction Rule, which revised the definition of
``regulated NSR pollutant'' \9\ to remove an inadvertent requirement
promulgated in the May 16, 2008 NSR PM2.5 Rule.\10\
Specifically, the NSR PM2.5 Rule inadvertently established
that measurement of condensable ``particulate matter emissions'' \11\
must be included as part of the measurement and regulation of
particulate matter. See 77 FR 15656. However, EPA's final Condensable
PM Correction Rule removed this inadvertent requirement from the
definition of ``regulated NSR pollutant.'' See 77 FR 65107. EPA
interprets Tennessee's February 26, 2013, submittal as superseding the
portion of Tennessee's July 29, 2011,\12\ SIP submittal that included
the term ``particulate matter emissions'' in the definition of
``regulated NSR pollutant.'' As such, there is no longer a SIP
submittal to include the term ``particulate matter emissions'' in the
definition of ``regulated NSR pollutant'' before the Agency, and thus,
no further action is required as the provision was never approved into
the SIP--EPA is simply pointing out this issue for clarification
purposes.
---------------------------------------------------------------------------
\9\ The final rulemaking revised the definition of regulated NSR
pollutant at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(vi) and part 51,
appendix S (``Emissions Offset Interpretative Ruling'').
\10\ The NSR PM2.5 Rule entitled ``Implementation of
the New Source Review Program for Particulate Matter Less than 2.5
Micrometers,'' Final Rule, 73 FR 28321 (May 16, 2008) revised the
federal NSR program requirements at 40 CFR 51.166, 51.165, 52.21 and
``Emissions Offset Interpretative Ruling'' (40 CFR part 51, appendix
S) to establish the framework for implementing preconstruction
permit review for the PM2.5 NAAQS in both attainment and
nonattainment areas.
\11\ The term ``particulate matter emissions'' includes
filterable particles that are larger than PM2.5 and
PM10 and is an indicator measured under various New
Source Performance Standards (NSPS) (40 CFR part 60). In addition to
the NSPS for PM, it is noted that states have regulated
``particulate matter emissions'' for many years in their SIPs for
PM, and the same indicator has been used as a surrogate for
determining compliance with certain standards contained in 40 CFR
part 63, regarding National Emission Standards for Hazardous Air
Pollutants.
\12\ Tennessee's July 29, 2011, SIP revision adopted NSR
permitting requirements promulgated in the May 16, 2008, NSR
PM2.5 Rule including the requirement to consider
condensable PM for PSD applicability. As a result of EPA's then
March 16, 2012 (77 FR 15656), proposed Condensable PM Correction
Rule Tennessee submitted a letter to EPA on May 1, 2012, requesting
that EPA not approve into the Tennessee SIP the term ``particulate
matter emissions'' (at rule 1200-03-09-.01(4)(b)47(vi)) as part of
the definition for ``regulated NSR pollutant.'' Consistent with this
request, EPA took final action to approve Tennessee's July 29, 2011,
NSR PM2.5 Rule SIP revision on July 30, 2012, excluding
the term ``particulate matter emissions,'' and at the time did not
act on the portion of Tennessee's revised ``regulated NSR
pollutant'' definition as requested by the State. See 77 FR 44481.
---------------------------------------------------------------------------
II. This Action
In this rulemaking, EPA is taking final action to approve portions
of Tennessee's May 10, 2013, final SIP revision to adopt the
PM2.5 PSD increments promulgated in the October 20, 2010,
PM2.5 Increment-SILs-SMC Rule (pursuant to section 166(a) of
the CAA and codified at 40 CFR 51.166) into the Tennessee SIP at
Chapter 1200-03-09 \13\ including: (1) The PM2.5 PSD
increments at TDEC's ambient air increments table Rule 1200-.03-
09-.01(4)(f); (2) revisions to the definition of ``baseline date'' at
Rule 1200-03-09-.01(4)(b)15 to establish the PM2.5 ``major
source baseline date'' (consistent with 40 CFR 51.166(b)(14)(i)(a) and
(c)) and to establish the PM2.5 ``trigger date'' used for
determining the ``minor source baseline date'' (consistent with 40 CFR
51.166(b)(14)(ii)(c)); and, (3) a revision to the definition of
``baseline area'' at Rule 1200-03-09-.01(4)(b)14 to specify pollutant
air quality impact annual averages (consistent with 40 CFR
51.166(b)(15)(i) and (ii)). In addition, as discussed in EPA's April
22, 2013 proposal, TDEC's October 4, 2012, parallel processing
submission did not update the state's Class I variances (at Rule 1200-
03-09-.01(4)(n)3) to include the PM2.5 increments or
administrative
[[Page 44889]]
amendments to the definition of ``baseline area'' (at Rule 1200-03-
09-.01(4)(b)15(i) and (ii)(I)) established in the October 20, 2010,
rule and codified at 40 CFR 51.166. See 77 FR 68279. Tennessee's May
10, 2013, final submission adopting the PM2.5 PSD increments
addresses the two abovementioned provisions to be consistent with the
PSD increments portion of the PM2.5 Increments-SILs-SMC
Rule. These changes provide for the implementation of the
PM2.5 PSD increments for the PM2.5 NAAQS in the
State's PSD program and became state effective on April 24, 2013.
---------------------------------------------------------------------------
\13\ Tennessee currently has a SIP-approved NSR program for new
and modified stationary sources. TDEC's PSD preconstruction rules
are found at Air Quality Regulations, Chapter 1200-03-09--
Construction and Operating Permits, Rule Number .01--Construction
Permits and apply to major stationary sources or modifications
constructed in areas designated attainment areas or unclassifiable/
attainment areas as required under part C of title I of the CAA with
respect to the NAAQS.
---------------------------------------------------------------------------
Pursuant to section 110 of the CAA, EPA is approving portions of
Tennessee's May 10, 2013, SIP revision to address PM2.5 PSD
increments. In EPA's April 22, 2013, proposed rulemaking, EPA proposed
not to approve into the Tennessee SIP the PM2.5 SILs and SMC
as a result of the January 22, 2013, D.C. Circuit Court's decision. As
requested in TDEC's May 10, 2013, SIP submission, EPA is not taking
final action at this time on any portions of Tennessee's PSD SIP
submission regarding the PM2.5 SILs and SMC provisions as
codified at 40 CFR 51.166 and 52.21.
III. Final Action
EPA is taking final action to approve portions of Tennessee's May
10, 2013, SIP revision to adopt only the PM2.5 increments as
amended in the October 20, 2010, PM2.5 PSD Increments-SILs-
SMC Rule. EPA has made the determination that these portions of
Tennessee's SIP revision are approvable because they are in accordance
with section 110 of the CAA and EPA regulations regarding NSR
permitting.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 23, 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, Greenhouse gases,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: July 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Section 52.2220, Table 1 in paragraph (c) is amended by revising
the entry for Section 1200-3-9-.01 ``Definitions'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 44890]]
Table 1-EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01........... Definitions....... 4/24/2013 7/25/2013 [Insert 7/25/2013 [Insert
citation of citation of
publication]. publication]--EPA is
approving Tennessee's
May 10, 2013, SIP
revision to Chapter
1200-3-9-.01 with the
exception of the PM2.5
SILs (at 1200-3-9-
.01(5)(b)1(xix)) and
SMC (at 1200-3-9-
.01(4)(d)6(i)(III)) as
promulgated in the
October 20, 2010,
PM2.5 Increments-SILs-
SMC Rule.
February 7, 2012 (77 FR
6016)--EPA is
approving Tennessee's
May 28, 2009, SIP
revisions to Chapter
1200-3-9-.01 with the
exception of the
``baseline actual
emissions''
calculation revision
found at 1200-3-9-
.01(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III)
and
(5)(b)1(xlvii)(II)(IV)
of the submittal.
* * * * * * *
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* * * * *
[FR Doc. 2013-17842 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P
