Approval and Promulgation of Implementation Plans; Tennessee; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards; Correction, 67307-67309 [2013-26863]
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations
corrected as set forth below.
■
40. On page 59553, Figure 703.7.2.4.1
is redesignated as Figure 703.7.2.4 and
corrected as set forth below.
David M. Capozzi,
Executive Director.
and enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Further, in the
June 18, 2013, final rule, EPA explained
that the Agency was not taking action
on the prevention of significant
deterioration (PSD) elements of
Tennessee’s infrastructure SIP, and that
action on those infrastructure elements
for the 2008 Lead NAAQS would occur
in a subsequent action. This action
corrects a typographical error in the
regulatory language in paragraph (c) of
EPA’s June 18, 2013, final rule related
to the status of EPA’s action on these
PSD elements for Tennessee’s 2008 Lead
NAAQS infrastructure SIP.
[FR Doc. 2013–26780 Filed 11–8–13; 8:45 am]
BILLING CODE 8150–01–C
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0582; FRL– 9902–65–
Region 4]
Approval and Promulgation of
Implementation Plans; Tennessee;
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; Correcting
Amendment.
AGENCY:
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Copies of the
documentation used in the action being
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
ADDRESSES:
On June 18, 2013, EPA
published a final rule approving certain
infrastructure requirements of the Clean
Air Act (CAA) for Tennessee’s State
Implementation Plan (SIP) 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,
SUMMARY:
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This action is effective
November 12, 2013.
DATES:
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Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Benjamin can be reached at 404–562–
9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects a typographical error in
the regulatory language that appears in
paragraph (c) of Tennessee’s
Conditional Approval section at 40 CFR
52.2219. This typographical error stems
from a June 18, 2013, final rule that
approved in part, and conditionally
approved in part, portions of
Tennessee’s October 19, 2009, SIP
revision addressing the infrastructure
requirements for the 2008 Lead NAAQS.
See 78 FR 36440. In that June 18, 2013,
final rulemaking, EPA described that no
action was being taking on the PSDrelated requirements of sections
110(a)(2)(C), 110(a)(2)(D)(ii) and
110(a)(2)(J) of Tennessee’s 2008 Lead
NAAQS infrastructure submission.
Inadvertently, however, EPA included a
revision to the regulatory language in
FOR FURTHER INFORMATION CONTACT:
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ER12NO13.169</GPH>
39. On page 59553, Figure 703.7.2.2.1
is redesignated as Figure 703.7.2.2 and
ER12NO13.168</GPH>
■
67307
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67308
Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations
paragraph (c) of Tennessee’s
Conditional Approval section at 40 CFR
52.2219, which incorrectly stated that
EPA was conditionally approving the
PSD-related elements of the 2008 Lead
NAAQS. At the time of the June 18,
2013, final rulemaking, 40 CFR
52.2219(c) provided the regulatory text
for the existing conditional approval of
the Tennessee 2008 Ozone NAAQS
infrastructure SIP for the PSD-related
requirements at sections 110(a)(2)(C),
110(a)(2)(D)(ii) and 110(a)(2)(J). See 78
FR 14450 (finalizing conditional
approval of the PSD-related
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(ii) and 110(a)(2)(J) for
Tennessee’s 2008 Ozone NAAQS
infrastructure SIP). As a result of the
inadvertent inclusion of regulatory text
related to a conditional approval for
certain elements of Tennessee’s 2008
Lead NAAQS infrastructure SIP, the
June 18, 2013, rulemaking removed the
existing conditional approval regulatory
text provided at paragraph (c) in
reference to the 2008 Ozone NAAQS
infrastructure SIP and replaced it with
conditional approval of certain elements
for the 2008 Lead NAAQS infrastructure
SIP. This change was made in error.
As noted above, EPA did not
conditionally approve the PSD-related
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(ii) and 110(a)(2)(J) for the
2008 Lead NAAQS infrastructure SIP,
nor did it intend to remove the reference
at 40 CFR 52.2219(c) to EPA’s previous
conditional approval of the PSD-related
elements for the 2008 Ozone NAAQS
infrastructure SIP. Rather, EPA’s
inclusion of paragraph (c) in the June
18, 2013 action was intended only to
reference EPA’s previous conditional
approval of the PSD-related elements in
Tennessee’s 2008 8-Hour Ozone
infrastructure SIP. Today’s action
corrects the reference in paragraph (c) of
40 CFR 52.2219 to reflect the
conditional approval of the PSD-related
portions of Tennessee’s 2008 8-Hour
Ozone NAAQS infrastructure SIP
instead of the 2008 Lead NAAQS
infrastructure SIP.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to correct an
inadvertent error contained in
paragraph (c) of 40 CFR 52.2219 of the
rulemaking and has no substantive
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impact on EPA’s June 18, 2013,
rulemaking. In addition, EPA can
identify no particular reason why the
public would be interested in having the
opportunity to comment on the
correction prior to this action being
finalized, since this correction action
does not change the meaning of EPA’s
analysis or action to approve the
addition of paragraph (c) to 40 CFR
52.2219.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the Agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s action
merely corrects a typographical error in
paragraph (c) of 40 CFR 52.2219 by
changing a reference to the 2008 Lead
NAAQS back to reference the 2008 8Hour Ozone NAAQS, for the June 18,
2013, final rulemaking. For these
reasons, EPA finds good cause under
APA section 553(d)(3) for this correction
to become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects a
typographical error in paragraph (c) of
40 CFR 52.2219 by changing a reference
to the 2008 Lead NAAQS back to
reference the 2008 8-Hour Ozone
NAAQS, which EPA approved on June
18, 2013, and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule merely corrects an inadvertent error
in paragraph (c) of a prior rule, and does
not impose any additional enforceable
PO 00000
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Sfmt 4700
duty beyond that required by state law,
it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
corrects a typographical error in
paragraph (c) of 40 CFR 52.2219 for a
prior rulemaking by changing a
reference to the 2008 Lead NAAQS back
to reference the 2008 8-Hour Ozone
NAAQS, which EPA approved on June
18, 2013, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant. In addition,
this rule does not involve technical
standards, thus the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule also does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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 rule 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.
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations
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 January 13, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: October 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
Conditional approval.
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*
*
*
*
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(c) Conditional Approval—Submittal
from the State of Tennessee, through the
Department of Environment and
Conservation (TDEC), dated October 19,
2009, to address the Clean Air Act
(CAA) sections 110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J) for the
2008 8-Hour Ozone National Ambient
Air Quality Standards. EPA is
conditionally approving TDEC’s
submittal with respect to the PSD
requirements of CAA sections
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i),
and 110(a)(2)(J), specifically related to
the adoption of enforceable provisions
for PSD increments as detailed in
TDEC’s October 4, 2012, commitment
letter. Tennessee must submit to EPA by
March 6, 2014, a SIP revision adopting
specific enforceable measures related to
PSD increments as described in the
State’s letter of commitment.
*
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*
[FR Doc. 2013–26863 Filed 11–8–13; 8:45 am]
BILLING CODE 6560–50–P
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47 CFR Part 25
[IB Docket Nos. 12–376, FCC 12–161]
Earth Stations Aboard Aircraft
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Earth Station Aboard
Aircraft, Report and Order (Order),
which adopted licensing and service
rules for Earth Stations Aboard Aircraft
(ESAA) communicating with FixedSatellite Service geostationary-orbit
space stations operating in the 10.95–
11.2 GHz, 11.45–11.7 GHz, 11.7–12.2
GHz and 14.0–14.5 GHz frequency
bands. This notice is consistent with the
Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date for the new information
requirements adopted.
DATES: The amendments to 47 CFR
25.132(b)(3), 25.227(b), (c), and (d)
published at 78 FR 14920 on March 8,
2013, are effective on November 12,
2013.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
2. Section 52.2219 paragraph (c) is
revised to read as follows:
■
§ 52.2219
FEDERAL COMMUNICATIONS
COMMISSION
Andrea Kelly, Satellite Division,
International Bureau, at (202) 418–7877.
SUPPLEMENTARY INFORMATION: This
document announces that, on June 27,
2013, OMB approved, for a period of
three years, the information collection
requirements relating to ESAA
applications contained in the
Commission’s Order, FCC 12–161,
published at 78 FR 14920, March 8,
2013. The OMB Control Number is
3060–1187. The Commission publishes
this notice as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street SW., Washington,
DC 20554. Please include the OMB
Control Number, 3060–1187, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
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67309
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on June
27, 2013, for the information collection
requirements contained in the
modifications to the Commission’s rules
in 47 CFR part 25. Under 5 CFR 1320,
an agency may not conduct or sponsor
a collection of information unless it
displays a current, valid OMB Control
Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1187.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Pub. L. 104–13, October 1, 1995, and 44
U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1187.
OMB Approval Date: June 27, 2013.
OMB Expiration Date: June 30, 2016.
Title: Earth Stations Aboard Aircraft
(ESAA).
Form Number: N/A.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 6 respondents; 54 responses.
Estimated Time per Response: 1–4
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The
Commission has statutory authority for
the information collection requirements
under Sections 4(i), 4(j), 7(a), 302(a),
303(c), 303(e), 303(f), 303(g), 303(j),
303(r), and 303(y) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
157(a), 302(a), 303(c), 303(e), 303(f),
303(g), 303(j), 303(r), and 303(y).
Total Annual Burden: 114 hours.
Total Annual Cost: $16,200.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information (PII) from individuals.
Privacy Act: No impact(s).
Needs and Uses: The ESAA Report
and Order, FCC 12–161, implements
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]]>Agencies
[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Rules and Regulations]
[Pages 67307-67309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26863]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0582; FRL- 9902-65-Region 4]
Approval and Promulgation of Implementation Plans; Tennessee;
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Correcting Amendment.
-----------------------------------------------------------------------
SUMMARY: On June 18, 2013, EPA published a final rule approving certain
infrastructure requirements of the Clean Air Act (CAA) for Tennessee's
State Implementation Plan (SIP) 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. Further, in the June 18, 2013, final rule, EPA
explained that the Agency was not taking action on the prevention of
significant deterioration (PSD) elements of Tennessee's infrastructure
SIP, and that action on those infrastructure elements for the 2008 Lead
NAAQS would occur in a subsequent action. This action corrects a
typographical error in the regulatory language in paragraph (c) of
EPA's June 18, 2013, final rule related to the status of EPA's action
on these PSD elements for Tennessee's 2008 Lead NAAQS infrastructure
SIP.
DATES: This action is effective November 12, 2013.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms.
Benjamin can be reached at 404-562-9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects a typographical error
in the regulatory language that appears in paragraph (c) of Tennessee's
Conditional Approval section at 40 CFR 52.2219. This typographical
error stems from a June 18, 2013, final rule that approved in part, and
conditionally approved in part, portions of Tennessee's October 19,
2009, SIP revision addressing the infrastructure requirements for the
2008 Lead NAAQS. See 78 FR 36440. In that June 18, 2013, final
rulemaking, EPA described that no action was being taking on the PSD-
related requirements of sections 110(a)(2)(C), 110(a)(2)(D)(ii) and
110(a)(2)(J) of Tennessee's 2008 Lead NAAQS infrastructure submission.
Inadvertently, however, EPA included a revision to the regulatory
language in
[[Page 67308]]
paragraph (c) of Tennessee's Conditional Approval section at 40 CFR
52.2219, which incorrectly stated that EPA was conditionally approving
the PSD-related elements of the 2008 Lead NAAQS. At the time of the
June 18, 2013, final rulemaking, 40 CFR 52.2219(c) provided the
regulatory text for the existing conditional approval of the Tennessee
2008 Ozone NAAQS infrastructure SIP for the PSD-related requirements at
sections 110(a)(2)(C), 110(a)(2)(D)(ii) and 110(a)(2)(J). See 78 FR
14450 (finalizing conditional approval of the PSD-related requirements
of sections 110(a)(2)(C), 110(a)(2)(D)(ii) and 110(a)(2)(J) for
Tennessee's 2008 Ozone NAAQS infrastructure SIP). As a result of the
inadvertent inclusion of regulatory text related to a conditional
approval for certain elements of Tennessee's 2008 Lead NAAQS
infrastructure SIP, the June 18, 2013, rulemaking removed the existing
conditional approval regulatory text provided at paragraph (c) in
reference to the 2008 Ozone NAAQS infrastructure SIP and replaced it
with conditional approval of certain elements for the 2008 Lead NAAQS
infrastructure SIP. This change was made in error.
As noted above, EPA did not conditionally approve the PSD-related
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(ii) and
110(a)(2)(J) for the 2008 Lead NAAQS infrastructure SIP, nor did it
intend to remove the reference at 40 CFR 52.2219(c) to EPA's previous
conditional approval of the PSD-related elements for the 2008 Ozone
NAAQS infrastructure SIP. Rather, EPA's inclusion of paragraph (c) in
the June 18, 2013 action was intended only to reference EPA's previous
conditional approval of the PSD-related elements in Tennessee's 2008 8-
Hour Ozone infrastructure SIP. Today's action corrects the reference in
paragraph (c) of 40 CFR 52.2219 to reflect the conditional approval of
the PSD-related portions of Tennessee's 2008 8-Hour Ozone NAAQS
infrastructure SIP instead of the 2008 Lead NAAQS infrastructure SIP.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to correct an inadvertent error
contained in paragraph (c) of 40 CFR 52.2219 of the rulemaking and has
no substantive impact on EPA's June 18, 2013, rulemaking. In addition,
EPA can identify no particular reason why the public would be
interested in having the opportunity to comment on the correction prior
to this action being finalized, since this correction action does not
change the meaning of EPA's analysis or action to approve the addition
of paragraph (c) to 40 CFR 52.2219.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the Agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action merely corrects a typographical error in
paragraph (c) of 40 CFR 52.2219 by changing a reference to the 2008
Lead NAAQS back to reference the 2008 8-Hour Ozone NAAQS, for the June
18, 2013, final rulemaking. For these reasons, EPA finds good cause
under APA section 553(d)(3) for this correction to become effective on
the date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects a typographical error in paragraph (c) of 40 CFR
52.2219 by changing a reference to the 2008 Lead NAAQS back to
reference the 2008 8-Hour Ozone NAAQS, which EPA approved on June 18,
2013, and imposes no additional requirements beyond those imposed by
state law. Accordingly, the Administrator certifies that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule merely corrects an inadvertent error in paragraph (c)
of a prior rule, and does not impose any additional enforceable duty
beyond that required by state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects a typographical
error in paragraph (c) of 40 CFR 52.2219 for a prior rulemaking by
changing a reference to the 2008 Lead NAAQS back to reference the 2008
8-Hour Ozone NAAQS, which EPA approved on June 18, 2013, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant. In addition, this rule does not
involve technical standards, thus the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
rule 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.
[[Page 67309]]
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 January 13, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: October 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2219 paragraph (c) is revised to read as follows:
Sec. 52.2219 Conditional approval.
* * * * *
(c) Conditional Approval--Submittal from the State of Tennessee,
through the Department of Environment and Conservation (TDEC), dated
October 19, 2009, to address the Clean Air Act (CAA) sections
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) for the 2008
8-Hour Ozone National Ambient Air Quality Standards. EPA is
conditionally approving TDEC's submittal with respect to the PSD
requirements of CAA sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i),
and 110(a)(2)(J), specifically related to the adoption of enforceable
provisions for PSD increments as detailed in TDEC's October 4, 2012,
commitment letter. Tennessee must submit to EPA by March 6, 2014, a SIP
revision adopting specific enforceable measures related to PSD
increments as described in the State's letter of commitment.
* * * * *
[FR Doc. 2013-26863 Filed 11-8-13; 8:45 am]
BILLING CODE 6560-50-P
