Approval and Promulgation of Implementation Plans; Tennessee; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 48806-48809 [2013-19360]
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations
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[FR Doc. 2013–19420 Filed 8–9–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0582; FRL–9845–2]
Approval and Promulgation of
Implementation Plans; Tennessee;
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 a portion 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
prevention of significant deterioration
(PSD) related infrastructure
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SUMMARY:
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requirements of the Clean Air Act (CAA
or Act) for the 2008 Lead national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. TDEC certified that
the Tennessee SIP contains provisions
that ensure the 2008 Lead NAAQS are
implemented, enforced, and maintained
in Tennessee (hereafter referred to as
‘‘infrastructure submission’’). Tennessee
provided to EPA an infrastructure
submission on October 19, 2009, to
address the infrastructure requirements
for the 2008 Lead NAAQS, however the
subject of this notice is limited to the
PSD-related infrastructure elements. All
other applicable Tennessee
infrastructure elements have been
addressed in a separate rulemaking.
DATES: This rule will be effective
September 11, 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:
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Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
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.
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 of the
section 110(a) infrastructure SIP for
purposes of the 2008 Lead NAAQS are
listed below 1 and in EPA’s October 14,
2011, memorandum entitled’’ Guidance
on Infrastructure State Implementation
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (1)
Submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements
of part D, Title I of the CAA. Today’s final
rulemaking does not address the section
110(a)(2)(C) and (J) infrastructure elements as they
relate to the requirement as part D, Title I of the
CAA.
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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.
• 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.3
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
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. Tennessee provided its
infrastructure submission for the 2008
Lead NAAQS on October 19, 2009.
On March 20, 2013, EPA proposed to
approve, and in the alternative,
conditionally approve in part,
Tennessee’s 2008 Lead NAAQS
infrastructure SIP. In that proposed
action, EPA explained that the Agency
was proposing to conditionally approve
the PSD-related portions of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (hereafter
referred to as prong 3 of
110(a)(2)(D)(i)),4 and 110(a)(2)(J), and a
portion of section 110(a)(2)(E)(ii) of
Tennessee’s October 19, 2009,
infrastructure submission because
Tennessee’s SIP (at the time of EPA’s
proposal) did not include provisions to
comply with all of the requirements
associated with the aforementioned
sections. Further, in the proposal, EPA
explained that Tennessee had
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 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.
4 Section 110(a)(2)(D)(i) includes four
requirements referred to as prongs 1 through 4.
Prongs 1 and 2 are provided at section
110(a)(2)(D)(i)(I); prongs 3 and 4 are provided at
section 110(a)(2)(D)(i)(II).
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committed to submit SIP revisions to
address these deficiencies. As such,
EPA also proposed, in the alternative, to
approve the entire Tennessee SIP,
including the sections described above,
as meeting the applicable infrastructure
requirements for the 2008 Lead NAAQS,
and explained that should Tennessee
submit, and EPA approve, the necessary
provisions to correct the identified
infrastructure SIP deficiencies prior to
EPA taking final action on the October
19, 2009, infrastructure submission, that
EPA anticipated finalizing full approval
of the infrastructure SIP. It was also
explained that, if EPA did not approve
necessary provisions prior to taking
final action on the October 19, 2009,
infrastructure submission, EPA
anticipated finalizing conditional
approvals for those elements for which
the Tennessee infrastructure SIP
remained deficient. See 78 FR 17168.
On June 18, 2013, EPA took final action
on a majority of Tennessee’s October 19,
2009, submissions with regards to the
2008 Lead NAAQS. See 78 FR 36440.
Today’s final rulemaking takes action on
the remaining required elements of
Tennessee’s October 19, 2009, SIP
revision (110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J) as each
relates to PSD requirements) regarding
the infrastructure requirements for the
2008 Lead NAAQS.
The PSD-related requirements of
section 110(a)(2)(C), prong 3 of section
110(a)(2)(D)(i), and section 110(a)(2)(J)
include four necessary SIP revisions to
address required changes to the State’s
part C PSD permit program. The first
revision was required by the November
29, 2005, Ozone Implementation Rule
New Source Review (NSR) Update—
Phase 2 Rule (hereafter referred to as the
Ozone Implementation NSR Update).
Among other requirements, the Ozone
Implementation NSR Update required
that SIPs include the recognition of
nitrogen oxides as a precursor for ozone
consistent with 40 CFR 51.166 and 40
CFR 52.21. See 70 FR 71612. In addition
to the Ozone Implementation NSR
Update, there are three other
requirements that states must satisfy in
order to meet the PSD-related
requirements of section 110(a)(2)(C),
prong 3 of section 110(a)(2)(D)(i), and
section 110(a)(2)(J). These three
revisions are related to (1) the
‘‘Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring
Rule’’ (June 3, 2010, 75 FR 31514), (2)
the NSR PM2.5 Rule (May 16, 2008, 73
FR 28321), and (3) the portion of the
final rulemaking entitled ‘‘Final Rule
Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than
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48807
2.5 Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant monitoring Concentration
(SMC): Final Rule’’ that relates to the
PM2.5 PSD increments requirements
(hereafter referred to as the PM2.5 PSD
Increment-SILs-SMC Rule (only as it
relates to PM2.5 PSD Increments)) (75 FR
64864).
Tennessee’s SIP has been revised to
meet each of the above PSD-related
requirements. Specifically, Tennessee’s
Ozone Implementation NSR Update SIP
revision was submitted by TDEC on
May 28, 2009, and approved by EPA on
February 7, 2012. See 77 FR 6016.
Tennessee submitted its Greenhouse
Gas (GHG) Tailoring Rule SIP revision
to EPA on January 11, 2012, and EPA
approved it on February 28, 2012. See
77 FR 11744. Tennessee submitted its
NNSR SIP revision related to the
implementation of the NSR PM2.5 Rule
on July 29, 2011, and EPA approved this
revision on July 30, 2012. See 77 FR
44481. Lastly, on May 10, 2013,
Tennessee submitted a SIP revision to
satisfy the requirements of the PSD
PM2.5 Increments, SILs and SMC Rule,
and the final rulemaking for this SIP
revision was published on July 23, 2013.
See 78 FR 44886.
II. This Action
EPA is taking final action to approve
Tennessee’s infrastructure submission
as demonstrating that the State meets
the PSD-related requirements of section
110(a)(2)(C), prong 3 of section
110(a)(2)(D)(i), and section 110(a)(2)(J)
of the CAA for the 2008 Lead NAAQS.
Section 110(a) of the CAA requires that
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Tennessee,
through TDEC, certified that the
Tennessee SIP contains provisions that
ensure the 2008 Lead NAAQS is
implemented, enforced, and maintained
in Tennessee. EPA received no adverse
comments on its March 20, 2013,
proposed approval of Tennessee’s
October 19, 2009, infrastructure
submission pertaining to section
110(a)(2)(C), prong 3 of section
110(a)(2)(D)(i), and section 110(a)(2)(J).
EPA has determined that the Tennessee
infrastructure submission, adequately
addresses the PSD-related requirements
of section 110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J) of the
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CAA for the 2008 Lead NAAQS, and is
consistent with section 110 of the CAA.5
III. Final Action
EPA is taking final action to approve,
Tennessee’s October 19, 2009,
submission as demonstrating that the
State meets the PSD-related
requirements of section 110(a)(2)(C),
prong 3 of section 110(a)(2)(D)(i), and
section 110(a)(2)(J) of the CAA for the
2008 Lead NAAQS because this
submission is consistent with section
110 of the CAA. TDEC has addressed
the aforementioned elements of the
CAA 110(a)(1) and (2) SIP requirements
pursuant to EPA’s November 12, 2008,
guidance to ensure that the 2008 Lead
NAAQS are implemented, enforced, and
maintained in Tennessee.
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
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5 As described above, in a previous rulemaking,
EPA took action on Tennessee’s October 19, 2009,
submission for all other required infrastructure
elements associated with the 2008 Lead NAAQS.
See 78 FR 36440.
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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
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the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated July 31, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATIONS 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
3. Section 52.2220(e), is amended by
adding an 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) * * *
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48809
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Lead National Ambient Air
Quality Standards.
*
Tennessee ...................................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0010; FRL 9846–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Mosley Road Sanitary Landfill
(MRSL) Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 6 is publishing a
direct final Notice of Deletion of the
MRSL Superfund Site (Site), located in
Oklahoma City, Oklahoma County,
Oklahoma, from the National Priorities
List (NPL). The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the State of
Oklahoma, through the Oklahoma
Department of Environmental Quality
(ODEQ), because EPA has determined
that all appropriate response actions
under CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This direct final deletion is
effective September 26, 2013 unless
EPA receives adverse comments by
September 11, 2013. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final deletion in the Federal
Register informing the public that the
deletion will not take effect.
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DATES:
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*
10/19/2009
EPA approval date
*
*
8/12/2013 [Insert citation
of publication].
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1990–0010, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: Michael Torres, Remedial
Project Manager:
torres.michael@epa.gov.
• Fax: Michael Torres; Remedial
Project Manger (RPM): 214–665–6660.
• Mail: Michael Torres, RPM, US–
EPA Region 6, Mail Code 6SF–RL, 1445
Ross Avenue, Dallas, Texas 75202.
• Hand Delivery: Michael Torres,
RPM, US–EPA Region 6, 1445 Ross
Avenue, 7th floor, Dallas, Texas 75202.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1990–
0010. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
ADDRESSES:
[FR Doc. 2013–19360 Filed 8–9–13; 8:45 am]
SUMMARY:
State submittal
date/effective
date
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Explanation
*
This approval is for sections 110(a)(2)(C),
prong 3 of
110(a)(2)(D)(i), and
110(a)(2)(J) only.
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statue. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
ODEQ Central Records, 405–702–
1188, 707 N. Robinson, Oklahoma City,
OK 73102, office hours: 8:00 to 4:30
Monday through Friday.
Ralph Ellison Library, 405–424–1437,
2000 NE. 23rd Street, Oklahoma City,
OK 73111, hours: 9:00 a.m. to 8:00 p.m.
Monday through Thursday, 9:00 a.m. to
6:00 p.m. Friday, and 9:00 a.m. to 5:00
p.m. Saturday.
FOR FURTHER INFORMATION CONTACT:
Michael Torres, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 6, 6SF–RL, 1445 Ross
Avenue, Dallas, Texas 75202, 214–665–
2108, torres.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 6 is publishing this direct
final Notice of Deletion of the MRSL
Superfund Site (Site), from the National
Priorities List (NPL). The NPL
constitutes Appendix B of 40 CFR part
300, which is the Oil and Hazardous
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]]>Agencies
[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48806-48809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19360]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0582; FRL-9845-2]
Approval and Promulgation of Implementation Plans; Tennessee;
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a portion 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 prevention
of significant deterioration (PSD) related infrastructure requirements
of the Clean Air Act (CAA or Act) for the 2008 Lead national ambient
air quality standards (NAAQS). The CAA requires that each state adopt
and submit a SIP for the implementation, maintenance, and enforcement
of each NAAQS promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. TDEC certified that the Tennessee SIP contains
provisions that ensure the 2008 Lead NAAQS are implemented, enforced,
and maintained in Tennessee (hereafter referred to as ``infrastructure
submission''). Tennessee provided to EPA an infrastructure submission
on October 19, 2009, to address the infrastructure requirements for the
2008 Lead NAAQS, however the subject of this notice is limited to the
PSD-related infrastructure elements. All other applicable Tennessee
infrastructure elements have been addressed in a separate rulemaking.
DATES: This rule will be effective September 11, 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.
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 of the
section 110(a) infrastructure SIP for purposes of the 2008 Lead NAAQS
are listed below \1\ and in EPA's October 14, 2011, memorandum
entitled'' Guidance on Infrastructure State Implementation
[[Page 48807]]
Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for
the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS).''
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\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address the section 110(a)(2)(C) and (J) infrastructure
elements as they relate to the requirement as part D, Title I of the
CAA.
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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\
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\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
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110(a)(2)(D): Interstate transport.
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.\3\
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\3\ 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)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
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\. Tennessee provided its
infrastructure submission for the 2008 Lead NAAQS on October 19, 2009.
On March 20, 2013, EPA proposed to approve, and in the alternative,
conditionally approve in part, Tennessee's 2008 Lead NAAQS
infrastructure SIP. In that proposed action, EPA explained that the
Agency was proposing to conditionally approve the PSD-related portions
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (hereafter referred to as
prong 3 of 110(a)(2)(D)(i)),\4\ and 110(a)(2)(J), and a portion of
section 110(a)(2)(E)(ii) of Tennessee's October 19, 2009,
infrastructure submission because Tennessee's SIP (at the time of EPA's
proposal) did not include provisions to comply with all of the
requirements associated with the aforementioned sections. Further, in
the proposal, EPA explained that Tennessee had committed to submit SIP
revisions to address these deficiencies. As such, EPA also proposed, in
the alternative, to approve the entire Tennessee SIP, including the
sections described above, as meeting the applicable infrastructure
requirements for the 2008 Lead NAAQS, and explained that should
Tennessee submit, and EPA approve, the necessary provisions to correct
the identified infrastructure SIP deficiencies prior to EPA taking
final action on the October 19, 2009, infrastructure submission, that
EPA anticipated finalizing full approval of the infrastructure SIP. It
was also explained that, if EPA did not approve necessary provisions
prior to taking final action on the October 19, 2009, infrastructure
submission, EPA anticipated finalizing conditional approvals for those
elements for which the Tennessee infrastructure SIP remained deficient.
See 78 FR 17168. On June 18, 2013, EPA took final action on a majority
of Tennessee's October 19, 2009, submissions with regards to the 2008
Lead NAAQS. See 78 FR 36440. Today's final rulemaking takes action on
the remaining required elements of Tennessee's October 19, 2009, SIP
revision (110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) as
each relates to PSD requirements) regarding the infrastructure
requirements for the 2008 Lead NAAQS.
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\4\ Section 110(a)(2)(D)(i) includes four requirements referred
to as prongs 1 through 4. Prongs 1 and 2 are provided at section
110(a)(2)(D)(i)(I); prongs 3 and 4 are provided at section
110(a)(2)(D)(i)(II).
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The PSD-related requirements of section 110(a)(2)(C), prong 3 of
section 110(a)(2)(D)(i), and section 110(a)(2)(J) include four
necessary SIP revisions to address required changes to the State's part
C PSD permit program. The first revision was required by the November
29, 2005, Ozone Implementation Rule New Source Review (NSR) Update--
Phase 2 Rule (hereafter referred to as the Ozone Implementation NSR
Update). Among other requirements, the Ozone Implementation NSR Update
required that SIPs include the recognition of nitrogen oxides as a
precursor for ozone consistent with 40 CFR 51.166 and 40 CFR 52.21. See
70 FR 71612. In addition to the Ozone Implementation NSR Update, there
are three other requirements that states must satisfy in order to meet
the PSD-related requirements of section 110(a)(2)(C), prong 3 of
section 110(a)(2)(D)(i), and section 110(a)(2)(J). These three
revisions are related to (1) the ``Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (June 3,
2010, 75 FR 31514), (2) the NSR PM2.5 Rule (May 16, 2008, 73
FR 28321), and (3) the portion of the final rulemaking entitled ``Final
Rule Prevention of Significant Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)--Increments,
Significant Impact Levels (SILs) and Significant monitoring
Concentration (SMC): Final Rule'' that relates to the PM2.5
PSD increments requirements (hereafter referred to as the
PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to
PM2.5 PSD Increments)) (75 FR 64864).
Tennessee's SIP has been revised to meet each of the above PSD-
related requirements. Specifically, Tennessee's Ozone Implementation
NSR Update SIP revision was submitted by TDEC on May 28, 2009, and
approved by EPA on February 7, 2012. See 77 FR 6016. Tennessee
submitted its Greenhouse Gas (GHG) Tailoring Rule SIP revision to EPA
on January 11, 2012, and EPA approved it on February 28, 2012. See 77
FR 11744. Tennessee submitted its NNSR SIP revision related to the
implementation of the NSR PM2.5 Rule on July 29, 2011, and
EPA approved this revision on July 30, 2012. See 77 FR 44481. Lastly,
on May 10, 2013, Tennessee submitted a SIP revision to satisfy the
requirements of the PSD PM2.5 Increments, SILs and SMC Rule,
and the final rulemaking for this SIP revision was published on July
23, 2013. See 78 FR 44886.
II. This Action
EPA is taking final action to approve Tennessee's infrastructure
submission as demonstrating that the State meets the PSD-related
requirements of section 110(a)(2)(C), prong 3 of section
110(a)(2)(D)(i), and section 110(a)(2)(J) of the CAA for the 2008 Lead
NAAQS. Section 110(a) of the CAA requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each NAAQS promulgated by the EPA, which is commonly referred to as an
``infrastructure'' SIP. Tennessee, through TDEC, certified that the
Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS is
implemented, enforced, and maintained in Tennessee. EPA received no
adverse comments on its March 20, 2013, proposed approval of
Tennessee's October 19, 2009, infrastructure submission pertaining to
section 110(a)(2)(C), prong 3 of section 110(a)(2)(D)(i), and section
110(a)(2)(J). EPA has determined that the Tennessee infrastructure
submission, adequately addresses the PSD-related requirements of
section 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) of
the
[[Page 48808]]
CAA for the 2008 Lead NAAQS, and is consistent with section 110 of the
CAA.\5\
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\5\ As described above, in a previous rulemaking, EPA took
action on Tennessee's October 19, 2009, submission for all other
required infrastructure elements associated with the 2008 Lead
NAAQS. See 78 FR 36440.
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III. Final Action
EPA is taking final action to approve, Tennessee's October 19,
2009, submission as demonstrating that the State meets the PSD-related
requirements of section 110(a)(2)(C), prong 3 of section
110(a)(2)(D)(i), and section 110(a)(2)(J) of the CAA for the 2008 Lead
NAAQS because this submission is consistent with section 110 of the
CAA. TDEC has addressed the aforementioned elements of the CAA
110(a)(1) and (2) SIP requirements pursuant to EPA's November 12, 2008,
guidance to ensure that the 2008 Lead NAAQS are implemented, enforced,
and maintained in Tennessee.
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 October 11, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated July 31, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATIONS 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
3. Section 52.2220(e), is amended by adding an 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 48809]]
EPA-Approved Tennessee Non-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee............ 10/19/2009 8/12/2013 [Insert citation of This approval is for sections
Requirements for the 2008 Lead publication]. 110(a)(2)(C), prong 3 of
National Ambient Air Quality 110(a)(2)(D)(i), and 110(a)(2)(J)
Standards. only.
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[FR Doc. 2013-19360 Filed 8-9-13; 8:45 am]
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