[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Proposed Rules]
[Pages 72291-72294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29370]



[[Page 72291]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0814; FRL- 9757-7]


Approval and Promulgation of Implementation Plans; Region 4 
States; Section 110(a)(2)(D)(i)(II) Infrastructure Requirement for the 
1997 and 2006 Fine Particulate Matter National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to conditionally approve submissions from 
Kentucky, North Carolina and Tennessee for inclusion into each states' 
State Implementation Plan (SIP). This proposal addresses the Clean Air 
Act (CAA) requirements pertaining to prevention of significant 
deterioration (PSD) for the 1997 annual and 2006 24-hour fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS) infrastructure SIPs. 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. EPA is proposing to 
conditionally approve the submissions for Kentucky, North Carolina and 
Tennessee that relate to adequate provisions prohibiting emissions that 
interfere with any other state's required measures to prevent 
significant deterioration of its air quality. The subject of this 
notice is limited to infrastructure provisions prohibiting emissions 
that interfere with any other state's required measures to prevent 
significant deterioration of its air quality. All other applicable 
infrastructure elements for these states are being addressed in 
separate rulemakings.

DATES: Written comments must be received on or before January 4, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0814, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0814,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0814. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
[email protected].

Table of Contents

I. Background
II. What are states required to address under sections 110(a)(2)(D)?
III. What is EPA's analysis of how region 4 states addressed element 
(D)(i)(II) related to PSD?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997 (62 FR 38652), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On October 17, 2006 (71 FR 61144), EPA 
retained the 1997 annual PM2.5 NAAQS at 15.0 [mu]g/m\3\ 
based on a 3-year average of annual mean PM2.5 
concentrations, and promulgated a new 24-hour NAAQS of 35 [mu]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. By statute, SIPs meeting the requirements of sections 
110(a)(1) and (2) are to be submitted by states within three years 
after promulgation of a new or revised NAAQS. Sections 110(a)(1) and 
(2) require states to address basic SIP requirements, including 
emissions inventories, monitoring, and modeling to assure attainment 
and maintenance of the NAAQS. States were required to submit such SIPs 
to EPA no later than July 2000 for the 1997 annual PM2.5

[[Page 72292]]

NAAQS, and no later than October 2009 for the 2006 24-hour 
PM2.5 NAAQS.
    On March 4, 2004, Earthjustice submitted a notice of intent to sue 
related to EPA's failure to issue findings of failure to submit related 
to the ``infrastructure'' requirements for the 1997 annual 
PM2.5 NAAQS. On March 10, 2005, EPA entered into a consent 
decree with Earthjustice which required EPA, among other things, to 
complete a Federal Register notice announcing EPA's determinations 
pursuant to section 110(k)(1)(B) as to whether each state had made 
complete submissions to meet the requirements of section 110(a)(2) for 
the 1997 PM2.5 NAAQS by October 5, 2008. In accordance with 
the consent decree, EPA made completeness findings for each state based 
upon what the Agency received from each state for the 1997 
PM2.5 NAAQS as of October 3, 2008.
    On October 22, 2008, EPA published a final rulemaking entitled 
``Completeness Findings for Section 110(a) State Implementation Plans 
Pertaining to the Fine Particulate Matter (PM2.5) NAAQS'' 
making a finding that each state had submitted or failed to submit a 
complete SIP that provided the basic program elements of section 
110(a)(2) necessary to implement the 1997 PM2.5 NAAQS. See 
73 FR 62902. For those states that did receive findings, the findings 
of failure to submit for all or a portion of a state's implementation 
plan established a 24-month deadline for EPA to promulgate a Federal 
Implementation Plan (FIP) to address the outstanding SIP elements 
unless, prior to that time, the affected states submitted, and EPA 
approved, the required SIPs.
    The findings that all or portions of a state's submission are 
complete established a 12-month deadline for EPA to take action upon 
the complete SIP elements in accordance with section 110(k). Kentucky, 
North Carolina and Tennessee's infrastructure submissions were received 
by EPA on August 26, 2008, April 1, 2008, and December 14, 2007, 
respectively, for the 1997 annual PM2.5 NAAQS and on July 
17, 2012,\1\ September 21, 2009, and October 19, 2009, respectively, 
for the 2006 24-hour PM2.5 NAAQS. Kentucky, North Carolina 
and Tennessee were among other states that did not receive findings of 
failure to submit because they had provided a complete submission to 
EPA to address the infrastructure elements for the 1997 
PM2.5 NAAQS by October 3, 2008.
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    \1\ On July 17, 2012, Kentucky withdrew its September 8, 2009, 
110(a)(1)-(2) infrastructure submission addressing the 8-hour ozone, 
PM2.5 and Lead NAAQS. Kentucky replaced its September 8, 
2009, 110(a)(1)-(2) infrastructure submission with a submission 
provided on July 17, 2012.
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    On July 6, 2011, WildEarth Guardians and Sierra Club filed an 
amended complaint related to EPA's failure to take action on the SIP 
submittal related to the ``infrastructure'' requirements for the 2006 
24-hour PM2.5 NAAQS. On October 20, 2011, EPA entered into a 
consent decree with WildEarth Guardians and Sierra Club which required 
EPA, among other things, to complete a Federal Register notice of the 
Agency's final action either approving, disapproving, or approving in 
part and disapproving in part the Kentucky, North Carolina and 
Tennessee's 2006 24-hour PM2.5 NAAQS Infrastructure SIP 
submittals addressing the applicable requirements of sections 
110(a)(2)(A)-(H), (J)-(M), except for section 110(a)(2)(C) 
nonattainment area requirements and section 110(a)(2)(D)(i) visibility 
requirements. The rulemaking proposed through today's action is 
consistent with the terms of this consent decree.
    Today's action is proposing to conditionally approve Kentucky, 
North Carolina and Tennessee's infrastructure submissions for the 1997 
annual and 2006 24-hour PM2.5 NAAQS addressing CAA section 
110(a)(2)(D)(i)(II), related to adequate provisions prohibiting 
emissions that interfere with any other state's required measures to 
prevent significant deterioration of its air quality (referred to as 
``prong 3''). EPA is taking action on Kentucky, North Carolina and 
Tennessee's infrastructure submissions for the 1997 and 2006 
PM2.5 NAAQS for sections 110(a)(2)(A)-(F), (H), (J)-(M), 
including other portions of section 110(a)(2)(D)(i) in separate actions 
from today's rulemaking.

II. What are states required to address under sections 110(a)(2)(D)?

    Section 110(a)(2)(D) has two components, 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) has four components that 
require SIPs to include provisions prohibiting any source or other type 
of emissions activity in one state from: (1) Contributing significantly 
to nonattainment maintenance of the NAAQS in another state, and (2) 
interfering with maintenance of the NAAQS in another state 
(collectively codified as 110(a)(2)(D)(i)(I)); and from interfering 
with measures required to (3) prevent significant deterioration of air 
quality in another state, or (4) protect visibility in another state 
(collectively codified as 110(a)(2)(D)(i)(II)). Section 
110(a)(2)(D)(ii) requires SIPs to include provisions insuring 
compliance with sections 115 and 126 of the Act, relating to interstate 
and international pollution abatement.
    In previous actions, EPA has already taken action to address 
Kentucky, North Carolina and Tennessee's SIP submissions related to 
sections 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) for the 1997 annual 
and 2006 24-hour PM2.5 NAAQS. Today's proposed rulemaking 
relates only to requirements related to prong 3 of section 
110(a)(2)(D)(i), which as previously described, requires that the SIP 
contain adequate provisions prohibiting emissions that interfere with 
any other state's required measures to prevent significant 
deterioration of its air quality.\2\ More information on this 
requirement and EPA's rationale for today's proposed conditional 
approvals for this requirement for purposes of the 1997 annual and 2006 
24-hour PM2.5 NAAQS is provided below.
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    \2\ EPA's action today does not address the other requirements 
of section 110(a)(2)(D)(i).
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III. What is EPA's analysis of how region 4 states addressed element 
(D)(i)(II) related to PSD?

    EPA's September 25, 2009, memorandum entitled ``Guidance on SIP 
Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 
Fine Particle (PM2.5) National Ambient Air Quality 
Standards'' provided guidance on addressing the infrastructure 
requirements required under sections 110(a)(1) and 110(a)(2) of the CAA 
with respect to the 2006 24-hour PM2.5 NAAQS. The 2009 
Guidance describes that a state's PSD permitting program is the primary 
measure that such state must include in its SIP to prevent significant 
deterioration of air quality in accordance with prong of section 
110(a)(2)(D)(i). EPA has preliminarily determined that Kentucky, North 
Carolina and Tennessee's prong 3 infrastructure submissions, with the 
exceptions noted below are consistent with the 2009 Guidance, when 
considered in conjunction with each State's PSD program.
    At present, there are four regulations that are required to be 
adopted into the SIP to meet PSD-related infrastructure requirements. 
See Sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) 
of the CAA. These regulations are: (1) ``Final Rule To Implement the 8-
Hour Ozone National Ambient Air Quality Standard--Phase 2; Final Rule'' 
(November 29, 2005, 70 FR 71612) (hereafter referred to as the ``Phase 
II Rule''); (2) ``Implementation of the New Source Review Program for 
Particulate Matter Less Than 2.5 Micrometers; Final Rule'' (May 16, 
2008, 73 FR 28321) (hereafter referred to

[[Page 72293]]

as the ``NSR PM2.5 Rule''); (3) ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule'' 
(June 3, 2010, 75 FR 31514) (hereafter referred to as the ``GHG 
Tailoring Rule''); and, (4) ``Final Rule on the 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'' 
(October 20, 2010, 75 FR 64864) (hereafter referred to as 
the``PM2.5 PSD Increment-SILs-SMC Rule (only as it relates 
to PM2.5 Increments)''). Specific details on these PSD 
requirements can be found in the respective final rules cited above, 
however, a brief summary of each rule is provided below.
    First, as part of the framework to implement the 1997 8-hour ozone 
NAAQS, EPA promulgated an implementation rule in two phases.\3\ The 
Phase 2 Rule is relevant to today's action. Among other changes, this 
rule revised the PSD regulations to recognize nitrogen oxide 
(NOX) as an ozone precursor.
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    \3\ EPA promulgated the Phase I Rule on April 30, 2004 entitled 
``Final Rule To Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 1.'' See 69 FR 23951.
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    Second, the NSR PM2.5 Rule revised the NSR program to 
establish the framework for implementing preconstruction permit review 
for the PM2.5 NAAQS in both attainment areas and 
nonattainment areas. These PSD requirements included: (1) A provision 
that NSR permits address directly emitted PM2.5 and 
precursor pollutants; (2) a requirement establishing significant 
emission rates for direct PM2.5 and precursor pollutants 
(including sulfur dioxide (SO2) and NOX); (3) 
exceptions to the grandfathering policy for permits being reviewed 
under the PM10 surrogate program; and, (4) a revision that 
states account for gases that condense to form particles (condensables) 
in PM2.5 and PM10 emission limits in PSD permits.
    Third, in the GHG Tailoring Rule, EPA tailored the applicability 
criteria that determine which GHG emission sources become subject to 
the PSD program of the CAA. See 75 FR 31514.
    Lastly, the PM2.5 PSD Increment-SILs-SMC Rule (only as 
it relates to PM2.5 increments) provided additional 
regulatory requirements under the PSD program regarding the 
implementation of the PM2.5 NAAQS for NSR by specifically 
establishing PM2.5 increments pursuant to section 166(a) of 
the CAA to prevent significant deterioration of air quality in areas 
meeting the NAAQS.
    The PSD requirements promulgated in the aforementioned regulations 
establish the framework for a comprehensive SIP PSD program which EPA 
has determined are necessary to comply with prong 3 of section 
110(a)(2)(D)(i). The following table shows when EPA approved the 
incorporation of the aforementioned regulations in each of the States' 
implementation plans:

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                                                                                                                                                             PM2.5 PSD Increment-SILs-SMC Rule
               State                             Phase II Rule                        GHG Tailoring Rule                        NSR PM2.5 Rule                  (only as it relates to PM2.5
                                                                                                                                                                        increments)
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Kentucky..........................  9/15/20120, 75 FR 55988                 12/29/2010, 75 FR 81868                 See Below                              See Below.
North Carolina....................  8/10/2011, 76 FR 36875                  10/18/2011, 76 FR 64240                 See Below                              See Below.
Tennessee.........................  2/7/2012, 77 FR 6016                    2/28/2012, 77 FR 11744                  7/30/2012, 77 FR 44481                 See Below
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    Kentucky: On July 3, 2012, the Commonwealth submitted a commitment 
letter to EPA requesting conditional approval of outstanding 
requirements related to the NSR PM2.5 Rule and 
PM2.5 PSD Increment-SILs-SMC Rule. In this letter, Kentucky 
provided a schedule as to how the Commonwealth will address outstanding 
requirements related to the NSR PM2.5 Rule and 
PM2.5 PSD Increment-SILs-SMC Rule. EPA determined that this 
letter of commitment met the requirements of section 110(k)(4) of the 
CAA, and accordingly, EPA conditionally approved the Commonwealth's NSR 
PM2.5 Rule and PM2.5 PSD Increment-SILs-SMC Rule 
submission on October 3, 2012. See 77 FR 60307. EPA is relying upon 
this earlier commitment to address the NSR PM2.5 Rule and 
the PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to 
PM2.5 increments) as the basis for conditionally approving 
Kentucky's infrastructure SIP as it relates to prong 3 of section 
110(a)(2)(D)(i). If the Commonwealth fails to submit these revisions by 
October 3, 2013, today's conditional approval will automatically become 
a disapproval on that date and EPA will issue a finding of disapproval. 
EPA is not required to propose the finding of disapproval. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the Federal Implementation Plan requirement under 
section 110(c). However, if the State meets its commitment within the 
applicable timeframe, the conditionally approved submission will remain 
a part of the SIP until EPA takes final action approving or 
disapproving the new submittal.
    North Carolina: On July 10, 2012, North Carolina submitted a 
commitment letter to EPA requesting conditional approval of outstanding 
requirements related to the NSR PM2.5 Rule and the 
PM2.5 PSD Increment-SILs-SMC Rule. In this letter, North 
Carolina provided a schedule for the State to address outstanding 
requirements related to the NSR PM2.5 Rule and the 
PM2.5 PSD Increment-SILs-SMC Rule. EPA determined that this 
letter of commitment met the requirements of section 110(k)(4) of the 
CAA, and accordingly, EPA conditionally approved North Carolina's NSR 
PM2.5 Rule submission on October 16, 2012 (77 FR 63234). EPA 
is relying upon this earlier commitment to address the NSR 
PM2.5 Rule and the PM2.5 PSD Increment-SILs-SMC 
Rule (only as it relates to PM2.5 increments) as the basis 
for conditionally approving North Carolina's infrastructure SIP as it 
relates to prong 3 of section 110(a)(2)(D)(i). If North Carolina fails 
to submit these revisions by October 16, 2013, today's conditional 
approval will automatically become a disapproval on that date and EPA 
will issue a finding of disapproval. EPA is not required to propose the 
finding of disapproval. If the conditional approval is converted to a 
disapproval, the final disapproval triggers the Federal Implementation 
Plan requirement under section 110(c). However, if the State meets its 
commitment within the applicable timeframe, the conditionally approved 
submission will remain a part of the SIP until EPA takes final action 
approving or disapproving the new submittal.
    Tennessee: On October 4, 2012, Tennessee submitted a commitment 
letter to EPA requesting conditional approval of specific enforceable

[[Page 72294]]

measures related to prong 3 of section 110(a)(2)(D)(i); specifically, 
the PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to 
PM2.5 increments). In this letter, Tennessee described how 
the State has already scheduled a public hearing/comment period and 
anticipates providing a final version as soon as possible after the 
public hearing to be scheduled on or before December 4, 2012. 
Consistent with section 110(k)(4) of the Act, EPA is relying upon this 
commitment by Tennessee to address the PM2.5 PSD Increment-
SILs-SMC Rule (only as it relates to PM2.5 increments) as 
the basis for conditionally approving Tennessee's infrastructure SIP as 
it relates to prong 3 of section 110(a)(2)(D)(i). If Tennessee fails to 
submit these revisions within one year from the date of conditional 
approval, today's proposed conditional approval will automatically 
become a disapproval on that date and EPA will issue a finding of 
disapproval. EPA is not required to propose the finding of disapproval. 
If the conditional approval is converted to a disapproval, the final 
disapproval triggers the Federal Implementation Plan requirement under 
section 110(c). However, if the State meets its commitment within the 
applicable timeframe, the conditionally approved submission will remain 
a part of the SIP until EPA takes final action approving or 
disapproving the new submittal.
    Kentucky, North Carolina and Tennessee have, or will have pending 
the commitments described above, demonstrated that major sources in 
each state are subject to PSD permitting program to comply with the 
prong 3 of section 110(a)(2)(D)(i) of the CAA for the PM2.5 
NAAQS. Therefore EPA has made the preliminary determination to 
conditionally approve that Kentucky, North Carolina and Tennessee's SIP 
and practices are adequate for insuring compliance with the applicable 
PSD requirements relating to interstate transport pollution for the 
1997 and 2006 PM2.5 NAAQS.

IV. Proposed Action

    As described above, EPA is proposing to conditionally approve the 
Kentucky, North Carolina and Tennessee infrastructure SIP submissions 
as addressing prong 3 of section 110(a)(2)(D)(i) of the CAA for both 
the 1997 and 2006 PM2.5 NAAQS. Specifically, EPA is 
proposing to conditionally approve the portion of the States' 
infrastructure SIP section 110(a)(2)(D)(i) submissions as they relate 
to provisions prohibiting emissions that interfere with any other 
state's required measures to prevent significant deterioration of its 
air quality because they are consistent with section 110 of the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 21, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-29370 Filed 12-4-12; 8:45 am]
BILLING CODE 6560-50-P