[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Proposed Rules]
[Pages 17168-17176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06418]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0582; FRL-9792-6]


Approval and Promulgation of Implementation Plans; Tennessee; 
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, and in the alternative, 
conditionally approve in part, the State Implementation Plan (SIP) 
revision, submitted by the State of Tennessee, through the Department 
of Environment and Conservation, demonstrating that the State meets the 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or 
the Act) for the 2008 Lead national ambient air quality standards 
(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 EPA, which is commonly referred to as an 
``infrastructure'' SIP. Tennessee certified that the Tennessee SIP 
contains provisions that ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in Tennessee (hereafter referred to as an 
``infrastructure submission''). EPA is proposing to conditionally 
approve portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J) related to prevention of significant deterioration (PSD) 
requirements, and a portion of section 110(a)(2)(E)(ii) of Tennessee's 
October 19, 2009, infrastructure submission. The current Tennessee SIP 
does not include provisions to comply with these requirements; however, 
Tennessee has committed to submit SIP revisions to address these 
deficiencies. EPA is also proposing, 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. 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, EPA anticipates finalizing full approval of 
the infrastructure SIP. If EPA does not approve these necessary 
provisions prior to taking final action on the October 19, 2009, 
infrastructure submission, EPA anticipates finalizing conditional 
approvals for those elements for which the Tennessee infrastructure SIP 
remains deficient.

DATES: Written comments must be received on or before April 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0582, 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-2012-0582,'' 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-
2012-0582. 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.

[[Page 17169]]

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: 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 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. Scope of Infrastructure SIPs
IV. What is EPA's analysis of how Tennessee addressed the elements 
of sections 110(a)(1) and (2) ``Infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 5, 1978, EPA promulgated primary and secondary NAAQS for 
Lead under section 109 of the Act. See 43 FR 46246. Both primary and 
secondary standards were set at a level of 1.5 micrograms per cubic 
meter ([micro]g/m\3\), measured as Lead in total suspended particulate 
matter (Pb-TSP), not to be exceeded by the maximum arithmetic mean 
concentration averaged over a calendar quarter. This standard was based 
on the ``1977 Air Quality Criteria for Lead'' guidance document (USEPA, 
August 7, 1977). On November 12, 2008 (75 FR 81126), EPA issued a final 
rule to revise the primary and secondary Lead NAAQS. The revised 
primary and secondary Lead NAAQS were revised to 0.15 [micro]g/m\3\. By 
statute, SIPs meeting the requirements of sections 110(a)(1) and (2) 
are to be submitted by states within three years after promulgation of 
a new or revised NAAQS. Sections 110(a)(1) and (2) require states to 
address basic SIP requirements, including emissions inventories, 
monitoring, and modeling to assure attainment and maintenance of the 
NAAQS. States were required to submit such SIPs to EPA no later than 
October 15, 2011, for the 2008 Lead NAAQS. Tennessee submitted its 
infrastructure SIP for the 2008 Lead NAAQS on October 19, 2009.\1\
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    \1\ On June 27, 2012, the Center for Biological Diversity and 
the Center for Environmental Health sued EPA for allegedly failing 
to take certain mandatory actions related to the ``infrastructure'' 
requirements associated with the 2008 Lead NAAQS. Included with this 
complaint was EPA's alleged failure to take action on Tennessee's 
2008 Lead infrastructure SIP within the applicable statutory 
timeframe.
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    Today's action is proposing to approve Tennessee's infrastructure 
submission for the 2008 Lead NAAQS. In addition, EPA is also proposing, 
in the alternative, to conditionally approve a subset of the sections 
required as part of the State's 2008 Lead infrastructure SIP. 
Specifically, EPA is also proposing, in the alternative, to 
conditionally approve, Tennessee's infrastructure submission for 
portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J) as they relate to a 2010 PSD rulemaking for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5).\2\ In addition, 
EPA is also proposing to conditionally approve, in the alternative, the 
portion of section 110(a)(2)(E)(ii) pertaining to CAA section 128(a)(1) 
significant portion of income requirements. Today's action is not 
proposing approval of any specific rule; but rather, proposing that 
Tennessee's already approved SIP meets--or in the case of the elements 
proposed for conditional approval, will meet, with changes--certain CAA 
requirements.
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    \2\ See 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'' (75 FR 64864).
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II. What elements are required under sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 2008 Lead NAAQS, states typically have met 
the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with the 1978 Lead NAAQS.
    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 mentioned above, these requirements 
include SIP infrastructure elements such as modeling, monitoring, and 
emissions inventories that are designed to assure attainment and 
maintenance of the NAAQS. The requirements that are the subject of this 
proposed rulemaking are listed below \3\

[[Page 17170]]

and in EPA's October 14, 2011, memorandum entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements Required Under 
Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National 
Ambient Air Quality Standards (NAAQS).''
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    \3\ 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 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 proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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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, PSD and new source 
review (NSR).\4\
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    \4\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate and international transport 
provisions.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     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.

III. Scope of Infrastructure SIPs

    This rulemaking will not cover four substantive issues that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources (SSM), that may be 
contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(director's discretion); (iii) existing provisions for minor source NSR 
programs that may be inconsistent with the requirements of the CAA and 
EPA's regulations that pertain to such programs (minor source NSR); 
and, (iv) existing provisions for PSD programs that may be inconsistent 
with current requirements of EPA's ``Final NSR Improvement Rule,'' 67 
FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) 
(NSR Reform).
    Instead, EPA has indicated that it has other authority to address 
any such existing SIP defects in other rulemakings, as appropriate. A 
detailed rationale for why these four substantive issues are not part 
of the scope of infrastructure SIP rulemakings can be found in EPA's 
June 11, 2012, proposed rule entitled, ``Approval and Promulgation of 
Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure 
Requirements for the 1997 and 2006 Fine Particulate Matter National 
Ambient Air Quality Standards'' in the section entitled, ``Scope of 
Infrastructure SIPs'' (See 77 FR 34306). It can also be found in EPA's 
August 22, 2012, proposed rule entitled, ``Approval and Promulgation of 
Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure 
Requirements for the 2008 8-Hour Ozone Matter National Ambient Air 
Quality Standards'' in the section entitled, ``Scope of Infrastructure 
SIPs.'' See 77 FR 50651.

IV. What is EPA's analysis of how Tennessee addressed the elements of 
sections 110(a)(1) and (2) ``Infrastructure'' provisions?

    The Tennessee infrastructure submission addresses the provisions of 
sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A): Emission limits and other control measures: 
Several regulations within Tennessee's SIP provide Tennessee Air 
Pollution Control Regulations relevant to air quality control 
regulations. The regulations described below have been federally 
approved in the Tennessee SIP and include enforceable emission 
limitations and other control measures. Chapters 1200-3-1, General 
Provisions; 1200-3-3, Air Quality Standards; 1200-3-22, Lead Emission 
Standards; and 1200-3-8, Fugitive Dust Control Regulations of the 
Tennessee SIP establish emission limits for lead and address the 
required control measures, means, and techniques for compliance with 
the 2008 Lead NAAQS. EPA has made the preliminary determination that 
the provisions contained in these chapters and Tennessee's practices 
are adequate to protect the 2008 Lead NAAQS in the State.
    In this action, EPA is not proposing to approve or disapprove any 
existing State provisions with regard to excess emissions during SSM of 
operations at a facility. EPA believes that a number of states have SSM 
provisions which are contrary to the CAA and existing EPA guidance, 
``State Implementation Plans: Policy Regarding Excess Emissions During 
Malfunctions, Startup, and Shutdown'' (September 20, 1999), and the 
Agency plans to address such state regulations in the future. In the 
meantime, EPA encourages any state having a deficient SSM provision to 
take steps to correct it as soon as possible.
    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing State rules with regard to director's 
discretion or variance provisions. EPA believes that a number of states 
have such provisions which are contrary to the CAA and existing EPA 
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to 
take action in the future to address such state regulations. In the 
meantime, EPA encourages any state having a director's discretion or 
variance provision which is contrary to the CAA and EPA guidance to 
take steps to correct the deficiency as soon as possible.
    2. 110(a)(2)(B) Ambient air quality monitoring/data system: 
Tennessee's Air Pollution Control Requirements, Chapter 1200-3-12, 
Procedures for Ambient Sampling and Analysis, of the Tennessee SIP, 
along with the Tennessee Network Description and Ambient Air Monitoring 
Network Plan, provide for an ambient air quality monitoring system in 
the State. Annually, EPA approves the ambient air monitoring network 
plan for the state agencies. On July 9, 2012, Tennessee submitted its 
plan to EPA. On September 21, 2012, EPA approved Tennessee's monitoring 
network plan. Tennessee's approved monitoring network plan can be 
accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-
0582. EPA has made the preliminary determination that Tennessee's SIP 
and practices are adequate for the ambient air quality monitoring and 
data system related to the 2008 Lead NAAQS.
    3. 110(a)(2)(C) Program for enforcement of control measures 
including review of proposed new sources. In this action, EPA is 
proposing to approve, and in the alternative, conditionally approve in 
part, Tennessee's infrastructure SIP for the 2008 Lead NAAQS with 
respect to the general requirement in section 110(a)(2)(C) to include a 
program in the SIP that regulates the modification and construction of 
any stationary source as necessary to assure that the NAAQS are 
achieved. Chapter 1200-3-9, Construction and Operating Permits, of 
Tennessee's SIP pertains to the construction of any new major 
stationary source or any project at an existing major stationary source 
in an area designated as nonattainment, attainment or unclassifiable. 
Chapter 1200-3-22, Lead Emission Standards, of Tennessee's SIP, 
published on August 12, 1985, specifies requirements for

[[Page 17171]]

Reasonably Available Control Technology for significant existing 
sources of Lead (October 29, 2001, 66 FR 44632).
    In addition to these requirements, there are four other revisions 
to the Tennessee SIP that that are necessary to meet the requirements 
of infrastructure element 110(a)(2)(C). These four revisions are 
related to 1) the Ozone Implementation NSR Update (November 29, 2005, 
70 FR 71612); 2) the ``Prevention of Significant Deterioration and 
Title V Greenhouse Gas Tailoring Rule'' (June 3, 2010, 75 FR 31514); 3) 
the NSR PM2.5 Rule (May 16, 2008, 73 FR 28321); \5\ and 4) 
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'' hereafter 
referred to as ``PM2.5 PSD Increment-SILs-SMC Rule'' (75 FR 
64864).
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    \5\ On January 4, 2013, the U.S. Court of Appeals, in Natural 
Resources Defense Council v. EPA, No. 08-1250, 2013 WL 45653 (D.C. 
Cir., filed July 15, 2008) (consolidated with 09-1102, 11-1430), 
issued a judgment that remanded EPA's 2007 and 2008 rules 
implementing the 1997 PM2.5 NAAQS. The court ordered EPA 
to ``repromulgate these rules pursuant to Subpart 4 consistent with 
this opinion.'' Id. at * 8. Subpart 4 of Part D, Title 1 of the CAA 
establishes additional provisions for particulate matter 
nonattainment areas.
    The 2008 implementation rule addressed by the court decision, 
``Implementation of New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5),'' 73 FR 28321 
(May 16, 2008), promulgated NSR requirements for implementation of 
PM2.5 in both nonattainment areas (nonattainment NSR) and 
attainment/unclassifiable areas (PSD). As the requirements of 
Subpart 4 only pertain to nonattainment areas, EPA does not consider 
the portions of the 2008 rule that address requirements for 
PM2.5 attainment and unclassifiable areas to be affected 
by the court's opinion. Moreover, EPA does not anticipate the need 
to revise any PSD requirements promulgated in the 2008 rule in order 
to comply with the court's decision. Accordingly, EPA's approval in 
part and conditional approval in part of Tennessee's infrastructure 
SIP as to elements (C), (D)(i)(II), or (J) with respect to the PSD 
requirements promulgated by the 2008 implementation rule does not 
conflict with the court's opinion.
    The court's decision with respect to the nonattainment NSR 
requirements promulgated by the 2008 implementation rule also does 
not affect EPA's action on the present infrastructure action. EPA 
interprets the Act to exclude nonattainment area requirements, 
including requirements associated with a nonattainment NSR program, 
from infrastructure SIP submissions due 3 years after adoption or 
revision of a NAAQS. Instead, these elements are typically referred 
to as nonattainment SIP or attainment plan elements, which would be 
due by the dates statutorily prescribed under subpart 2 through 5 
under part D, extending as far as 10 years following designations 
for some elements.
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    The first necessary revision to the Tennessee SIP (Ozone 
Implementation NSR Update revision) was submitted by TDEC on May 28, 
2009. This revision modified provisions of the State's implementation 
plan at Chapter 1200-3-9, Construction and Operating Permits, in order 
to meet the applicable requirements of the Ozone Implementation NSR 
Update. EPA approved this revision on February 7, 2012. See 77 FR 6016.
    The second necessary revision pertains to changes in the PSD 
program that were promulgated in the Greenhouse Gas (GHG) Tailoring 
Rule. TDEC submitted a revision to EPA on January 11, 2012, to address 
these changes. The revision establishes appropriate emission thresholds 
for determining which new stationary sources and modification projects 
become subject to Tennessee's PSD permitting requirements for their GHG 
emissions, and thereby addresses the thresholds for GHG permitting 
applicability in Tennessee. EPA approved this revision on February 28, 
2012. See 77 FR 11744.
    The third necessary revision pertains to the adoption of PSD and 
Nonattainment New Source Review (NNSR) requirements related to the 
implementation of the NSR PM2.5 Rule. On July 29, 2011, TDEC 
submitted revisions to its PSD/NSR regulations for EPA approval to 
revise the Tennessee SIP in Chapter 1200-03-09-.01, Construction 
Permits. This revision addresses the required federal PSD and NNSR 
permitting provisions governing the implementation of the NSR program 
for PM2.5 as promulgated in the NSR PM2.5 Rule. 
See 73 FR 28321 (May 16, 2008). EPA finalized approval of Tennessee's 
July 29, 2011, submittal on July 30, 2012. See 77 FR 44481.
    The fourth necessary revision pertains to the increments portion of 
the PM2.5 PSD Increment-SILs-SMC Rule. This rule requires 
states to regulate the construction and modification of any major 
stationary source locating in an attainment or unclassifiable area, 
where the source's emissions may cause or contribute to a violation of 
the NAAQS. Currently, Tennessee's SIP does not contain provisions to 
address this requirement. On October 4, 2012, Tennessee submitted a 
letter to EPA with a schedule and commitment to approve the necessary 
specific enforceable SIP revision to address its SIP deficiencies 
related to the October 20, 2010, PSD PM2.5 Increments, SILs 
and SMC Rule increments requirements. The Tennessee letter, which 
commits the State to submitting this revision to EPA within one year, 
can be accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-
2012-0582. Based on Tennessee's commitment, EPA is proposing to 
conditionally approve the portion of section 110(a)(2)(C) related to 
the increments requirements of the PM2.5 Increments, SILs 
and SMC Rule consistent with section 110(k)(4) of the Act. Failure by 
Tennessee to provide this revision by March 6, 2014 would automatically 
result in the conditional approval converting to a disapproval. Should 
that occur, EPA would provide the public with notice of such a 
disapproval in the Federal Register.
    As described above, EPA is also proposing, in the alternative, to 
approve section 110(a)(2)(C) related to the increments requirements of 
the PM2.5 Increments, SILs and SMC Rule. In this action, EPA 
is proposing to approve in part, and in the alternative conditionally 
approve in part, Tennessee's infrastructure SIP for the 2008 lead NAAQS 
with respect to the general requirement in section 110(a)(2)(C) to 
include a program in the SIP that regulates the modification and 
construction of any stationary source as necessary to assure that the 
NAAQS are achieved. Minor sources are subject to the statutory 
requirements in section 110(a)(2)(C) of the CAA which requires `` * * * 
regulations of the modification and construction of any stationary 
source * * * as necessary to assure that the NAAQS are achieved.'' 
These programs should be established in each state within 3 years of 
the promulgation of a new revised NAAQS, and may be particularly 
important because virtually all sources of lead are minor sources. EPA 
has made the preliminary determination that Tennessee's SIP (with the 
exception of the requirements related to PM2.5 increments) 
and practices are adequate for program enforcement of control measures 
including review of proposed new sources related to the 2008 lead 
NAAQS.
    Should Tennessee submit its revision to address the applicable 
portions of this Rule before EPA finalizes a conditional approval this 
portion of section 110(a)(2)(C), EPA intends finalize full approval for 
this section.\6\ In the event, EPA does not approve the increments 
portion of Tennessee PSD PM2.5 Increments, SILs and SMC Rule 
revision into the SIP prior to final action on the State's 
infrastructure SIP, EPA intends to finalize a conditional approve of 
this section 110(a)(2)(C) requirements.
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    \6\ Full approval of this section would require EPA to take 
final action approving the increment portions of Tennessee's PSD 
PM2.5 Increments, SILs and SMC Rule revision prior to, or 
concurrently with, final action to approve section 110(a)(2)(C).
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    Collectively, the above-described SIP revisions address requisite 
requirements of infrastructure element 110(a)(2)(C)

[[Page 17172]]

and are necessary for today's rulemaking to propose approval of 
infrastructure SIP element 110(a)(2)(C). EPA also notes that today's 
action is not proposing to approve or disapprove the State's existing 
minor NSR program itself to the extent that it is inconsistent with 
EPA's regulations governing this program. EPA believes that a number of 
states may have minor NSR provisions that are contrary to the existing 
EPA regulations for this program. EPA intends to work with states to 
reconcile state minor NSR programs with EPA's regulatory provisions for 
the program. The statutory requirements of section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs, and EPA 
believes it may be time to revisit the regulatory requirements for this 
program to give the states an appropriate level of flexibility to 
design a program that meets their particular air quality concerns, 
while assuring reasonable consistency across the country in protecting 
the NAAQS with respect to new and modified minor sources.
    4. 110(a)(2)(D)(i) and (ii) Interstate and International transport 
provisions: EPA is proposing to approve, and in the alternative 
conditionally approve in part, Tennessee's infrastructure SIP for the 
2008 lead NAAQS with respect to section 110(a)(2)(D)(i) to include a 
program in the SIP that regulates the modification and construction of 
any stationary source subject to PSD as necessary to assure that the 
NAAQS are achieved. Specifically, as mentioned above, in this action, 
EPA is proposing to approve in part and in the alternative, 
conditionally approve in part Tennessee's infrastructure SIP for the 
2008 Lead NAAQS related to the PM2.5 PSD increments and with 
respect to the general requirement in section 110(a)(2)(D)(i) to 
include a program in the SIP that regulates the modification and 
construction of any stationary source as necessary to assure that the 
NAAQS are achieved. Minor sources are subject to the statutory 
requirements in section 110(a)(2)(C) of the CAA which requires ``* * * 
regulations of the modification and construction of any stationary 
source * * * as necessary to assure that the NAAQS are achieved.'' 
These programs should be established in each state within 3 years of 
the promulgation of a new revised NAAQS, and may be particularly 
important because virtually all sources of lead are minor sources.
    Chapter 1200-9-.01(5) Growth Policy; 1200-3-9-.01(4) Prevention of 
Significant Deterioration of Air Quality; and Chapter 1200-3-22 Lead 
Emission of the Tennessee SIP outline how the State will notify 
neighboring states of potential impacts from new or modified sources. 
Section 110(a)(2)(D)(i) provides for infrastructure SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from contributing significantly to nonattainment, or 
interfering with maintenance, of the NAAQS in another state. The 
preceding requirements, from subsection 110(a)(2)(D)(i)(I), 
respectively refer to what may be called prongs 1 and 2. The physical 
properties of lead prevent lead emission from experiencing that same 
travel or formation phenomena as PM2.5 and ozone for 
interstate transport as outlined in prongs 1 and 2. More specifically, 
there is a sharp decrease in the lead concentrations, at least in the 
coarse fraction, as the distance from a lead source increases. EPA 
believes that the requirements of prongs 1 and 2 can be satisfied 
through a state's assessment as to whether a lead source located within 
its State in close proximity to a state border has emissions that 
contribute significantly to the nonattainment or interfere with 
maintenance of the NAAQS in the neighboring state.\7\ Tennessee has two 
lead sources that have emissions of lead over 0.5 tons per year (tpy). 
Both sources are located well beyond 2 miles from the State border.\8\ 
Therefore, EPA has made the preliminary determination that Tennessee's 
SIP meets the requirements of section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------

    \7\ For example EPA's experience with the initial lead 
designations suggest that sources that emit less than 0.5 tpy or 
that are located more than two miles from the state border generally 
appear unlikely to contribute significantly to the nonattainment in 
another state.
    \8\ The first facility, Exide Technologies, is located at 364 
Exide Drive in Bristol Tennessee, which is approximately 5 miles 
from the nearest border. The second facility is Gerdau Ameristeel, 
located at 4615 Coster Road NE in Knoxville, Tennessee, which is 
approximately 100 miles from the nearest border.
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(i)(II), as it relates to PSD requirements, 
(referred to as prong 3) may be met by the State's confirmation in an 
infrastructure SIP submission that new major sources and major 
modifications in the state are subject to PSD and (if the state 
contains a nonattainment area for the relevant pollutant) NNSR programs 
that implement the 2008 Lead NAAQS.
    As discussed above in the discussion for the PSD requirements of 
section 110(a)(2)(C), Tennessee's SIP currently contains three of the 
four necessary provisions for the State's PSD program.\9\ On October 4, 
2012, Tennessee submitted a letter to EPA with a schedule and 
commitment to provide the necessary SIP revision to address its SIP 
deficiencies related to the October 20, 2010, PSD PM2.5 
Increments, SILs, and SMC Rule requirements. Based on Tennessee's 
commitment, EPA is proposing to conditionally approve the portion 
section 110(a)(2)(D)(i)(II), related to the increments requirements of 
the PM2.5 Increments, SILs and SMC Rule consistent with 
section 110(k)(4) of the Act. EPA's proposed conditional of prong 3, if 
finalized, would obligate Tennessee to provide the SIP revision to 
address the increment portion of the PSD PM2.5 Increments, 
SILs and SMC Rule by March 6, 2014. Failure by Tennessee to provide 
this revision by that date would automatically result in such a 
conditional approval converting to a disapproval. Should that occur, 
EPA would provide the public with notice of such a disapproval in the 
Federal Register.
---------------------------------------------------------------------------

    \9\ (1) EPA's approval of Tennessee's PSD/NSR regulations which 
address the Ozone Implementation NSR Update requirements, (2) EPA's 
approval of Tennessee's PSD GHG Tailoring Rule revisions which 
addresses the thresholds for GHG permitting applicability in 
Tennessee, and (3) EPA's approval of Tennessee's NSR 
PM2.5 Rule, which adopts required federal PSD and NNSR 
permitting provisions governing the implementation of the NSR 
program for PM2.5 as promulgated in the NSR 
PM2.5 Rule.
    For additional detailed information on these requirements, see 
section 3 above.
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    EPA is also today proposing full approval of prong 3. In the event 
that Tennessee submits a revision to address increments portion of the 
PSD PM2.5 Increments, SILs and SMC Rule, and EPA approves 
that submission prior to finalizing this infrastructure SIP action, EPA 
believes Tennessee's 2008 Lead infrastructure SIP for prong 3 of 
section 110(a)(2)(D)(i) will then be fully approvable.
    With regard to section 110(a)(2)(D)(i)(II), the visibility sub-
element, referred to as prong 4, significant impacts from lead 
emissions from stationary sources are expected to be limited to short 
distances from the source. Lead stationary sources in Tennessee are 
located at distances from Class I areas such that visibility impacts 
are negligible. Where a state's regional haze SIP has been approved as 
meeting all current obligations, EPA has determined that such an 
approved plan demonstrates compliance with the prong 4 requirements. 
EPA completed a limited approval and limited disapproval of Tennessee's 
regional haze SIP,\10\ with the exception of the

[[Page 17173]]

best available retrofit technology (BART) for the Eastman Chemical 
Company portion, on April, 24, 2012. See 77 FR 24392. On November 27, 
2012, EPA approved the Eastman Chemical Company BART portion of 
Tennessee's regional haze submittal. See 77 FR 70689.
---------------------------------------------------------------------------

    \10\ Refer to EPA's proposed rulemaking entitled ``Approval and 
Promulgation of Implementation Plans: Region 4 States; 
110(a)(2)(D)(i)(II) Infrastructure Requirements for the 1997 and 
2006 Fine Particulate Matter National Ambient Air Quality 
Standards,'' for more detailed information in support of EPA's 
proposed approval of Tennessee's 2008 lead infrastructure submission 
as it relates to visibility. See 78 FR 11805 (February 20, 2013).
---------------------------------------------------------------------------

    With regard to the requirements of section 110(a)(2)(D)(ii), 
Tennessee does not have any pending obligation under sections 115 and 
126 of the CAA. With the exception of section 110(a)(2)(D)(i)(II), 
related to PSD, EPA has made the preliminary determination that 
Tennessee's SIP and practices are adequate for insuring compliance with 
the applicable requirements relating to interstate and international 
pollution abatement for the 2008 lead NAAQS. For the reasons described 
above, EPA is proposing full approval of section 110(a)(2)(D), and in 
the alternative, conditional approval of section 110(a)(2)(D)(i) prong 
3 related to the increment requirements of the PSD PM2.5 
Increments, SILs and SMC Rule.
    5. 110(a)(2)(E) Adequate resources: Section 110(a)(2)(E) requires 
that each implementation plan provide (i) necessary assurances that the 
State will have adequate personnel, funding, and authority under state 
law to carry out its implementation plan, (ii) that the State comply 
with the requirements respecting State Boards pursuant to section 128 
of the Act, and (iii) necessary assurances that, where the State has 
relied on a local or regional government, agency, or instrumentality 
for the implementation of any plan provision, the State has 
responsibility for ensuring adequate implementation of such plan 
provisions. EPA is proposing to approve Tennessee's SIP as meeting the 
requirements of sections 110(a)(2)(E)(i) and (iii). With respect to 
section 110(a)(2)(E)(ii) (regarding state boards), EPA is proposing to 
approve, and in the alternative conditionally approve in part, this 
sub-element. EPA's rationale for today's proposals respecting each 
section of 110(a)(2)(E) is described in turn below.
    With respect to sections 110(a)(2)(E)(i) and (iii), TDEC, through 
the Tennessee Air Pollution Control Board, is responsible for 
promulgating rules and regulations for the NAAQS, emissions standards 
general policies, a system of permits, fee schedules for the review of 
plans, and other planning needs. As evidence of the adequacy of TDEC's 
resources regarding sections 110(a)(2)(E)(i) and (iii), EPA submitted a 
letter to Tennessee on April 24, 2012, outlining 105 grant commitments 
and current status of these commitments for fiscal year 2011. The 
letter EPA submitted to Tennessee can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0582. 
Annually, states update these grant commitments based on current SIP 
requirements, air quality planning, and applicable requirements related 
to the NAAQS. There were no outstanding issues in relation to the SIP 
for fiscal year 2011, therefore, Tennessee's grants were finalized and 
closed out. EPA has made the preliminary determination that Tennessee 
has adequate resources for implementation of the 2008 Lead NAAQS.
    With respect to section 110(a)(2)(E)(ii), EPA is proposing to 
approve, and in the alternative, to conditionally approve in part 
Tennessee's infrastructure SIP as to this requirement. Section 
110(a)(2)(E)(ii) provides that infrastructure SIPs must require 
compliance with section 128 of CAA requirements respecting State 
boards. Section 128, in turn, provides at subsection (a)(1) that each 
SIP shall require that any board or body which approves permits or 
enforcement orders shall be subject to the described public interest 
and income restrictions therein. Subsection 128(a)(2) requires that any 
board or body, or the head of an executive agency with similar power to 
approve permits or enforcement orders under the CAA, shall also be 
subject to conflict of interest disclosure requirements.
    EPA believes the Tennessee SIP currently meets the requirements of 
section 110(a)(2)(E)(ii) with respect to section 128(a)(2) obligations, 
but does not meet the section 128(a)(1) obligations. To address section 
128(a)(2) requirements, the provisions of Tennessee Rule Chapter 1200-
3-17 have been incorporated into the Tennessee SIP. See 67 FR 55322. 
Regarding section 128(a)(1) requirements, Tennessee previously 
committed to adopt specific enforceable measures into its SIP within 
one year to address the applicable portions of section 128(a)(1) for 
the infrastructure SIP of another NAAQS. Tennessee's section 128(a)(1) 
commitment letter to EPA, dated March 28, 2012, can be accessed at 
www.regulations.gov using docket ID No. EPA-R04-OAR-2011-0353. Based 
upon that commitment, on July 23, 2012, EPA took final action to 
conditionally approve infrastructure sub-element 110(a)(2)(E)(ii) 
regarding section 128(a)(1) requirements for purposes of the 1997 8-
hour Ozone NAAQS. See 77 FR 42997. EPA is today proposing to 
conditionally approve Tennessee's 2008 Lead infrastructure SIP for 
section 110(a)(2)(E)(ii) related to the section 128(a)(1) requirements 
based upon the State's earlier commitment to adopt the specific 
enforceable measures by July 23, 2013.\11\ Failure by the State to 
adopt these provisions and submit them to EPA for incorporation into 
the SIP by July 23, 2013, would result in today's conditional approval 
being treated as a disapproval. Should that occur, EPA would provide 
the public with notice of such a disapproval in the Federal Register.
---------------------------------------------------------------------------

    \11\ July 23, 2012, is one year from the approval date of EPA's 
final rulemaking to conditionally approve sub-section 
110(a)(2)(E)(ii) regarding section 128(a)(1) for purposes of the 
1997 8-hour Ozone NAAQS.
---------------------------------------------------------------------------

    As with the conditional approvals proposed in this action, EPA is 
also proposing, in the alternative, to fully approve infrastructure 
section 110(a)(2)(E)(ii) regarding section 128(a)(1) requirements. In 
the event that Tennessee submits a revision to address the section 
128(a)(1) requirements, and EPA approves that submission prior to 
finalizing this infrastructure SIP action, EPA believes Tennessee's 
2008 Lead infrastructure SIP for section 110(a)(2)(E)(ii) will then be 
fully approvable. EPA has made the preliminary determination that 
Tennessee, once the above described changes have been incorporated into 
the SIP, will have adequate resources for implementation of 2008 Lead 
NAAQS.
    6. 110(a)(2)(F) Stationary source monitoring system: Tennessee's 
infrastructure submission describes how the State has established 
requirements for compliance testing by emissions sampling and analysis, 
and for emissions and operation monitoring to ensure the quality of 
data in the State. TDEC uses these data to track progress towards 
maintaining the NAAQS, develop control and maintenance strategies, 
identify sources and general emission levels, and determine compliance 
with emission regulations and additional EPA requirements. These 
requirements are provided in Chapter 1200-3-10, Required Sampling, 
Recording and Reporting, of the Tennessee SIP.
    Additionally, Tennessee is required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI). The NEI is 
EPA's central repository for air emissions data. EPA published the Air 
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the 
requirements for collecting and reporting air emissions data (73 FR 
76539). The

[[Page 17174]]

AERR shortened the time states had to report emissions data from 17 to 
12 months, giving states one calendar year to submit emissions data. 
All states are required to submit a comprehensive emissions inventory 
every three years and report emissions for certain larger sources 
annually through EPA's online Emissions Inventory System. States report 
emissions data for the six criteria pollutants and their associated 
precursors--nitrogen oxides, sulfur dioxide, ammonia, lead, carbon 
monoxide, particulate matter, and volatile organic compounds. Many 
states also voluntarily report emissions of hazardous air pollutants. 
Tennessee made its latest update to the NEI on September 11, 2012. EPA 
compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the preliminary 
determination that Tennessee's SIP and practices are adequate for the 
stationary source monitoring systems related to the 2008 lead NAAQS.
    7. 110(a)(2)(G) Emergency power: Chapter 1200-3-15, Emergency 
Episode Requirements, of the Tennessee SIP identifies air pollution 
emergency episodes and preplanned abatement strategies. These criteria 
have previously been approved by EPA. EPA has made the preliminary 
determination that Tennessee's SIP and practices are adequate for 
emergency powers related to the 2008 Lead NAAQS.
    8. 110(a)(2)(H) Future SIP revisions: As previously discussed, TDEC 
is responsible for adopting air quality rules and revising SIPs as 
needed to attain or maintain the NAAQS. Tennessee has the ability and 
authority to respond to calls for SIP revisions, and has provided a 
number of SIP revisions over the years for implementation of the NAAQS.
    Tennessee has one area, Bristol, TN, that is designated as 
nonattainment for the 2008 Lead NAAQS. On August 29, 2012, EPA 
finalized a clean data determination for Bristol, TN. See 77 FR 52232. 
This determination of attaining data is based upon complete, quality-
assured and certified ambient air monitoring data for the 2009-2011 
period showing that the Area has monitored attainment of the 2008 Lead 
NAAQS. Additionally, as a result of this determination, the 
requirements for the Area to submit an attainment demonstration, 
together with reasonably available control measures, a reasonable 
further progress (RFP) plan, and contingency measures for failure to 
meet RFP and attainment deadlines are suspended for so long as the Area 
continues to attain the 2008 Lead NAAQS. EPA has made the preliminary 
determination that Tennessee's SIP and practices adequately demonstrate 
a commitment to provide future SIP revisions related to the 2008 Lead 
NAAQS when necessary.
    9. 110(a)(2)(J). EPA is proposing to approve in part, and 
conditionally approve in part to approve Tennessee's infrastructure SIP 
for the 2008 lead NAAQS with respect to the general requirement in 
section 110(a)(2)(J) to include a program in the SIP that provides for 
meeting the applicable consultation requirements of section 121, the 
public notification requirements of section 127; and the PSD and 
visibility protection requirements of part C of the Act.
    110(a)(2)(J) (121 consultation) Consultation with government 
officials: Chapter 1200-3-9 Construction and Operating Permits, as well 
as the Regional Haze Implementation Plan (which allows for consultation 
between appropriate state, local, and tribal air pollution control 
agencies as well as the corresponding Federal Land Managers), provide 
for consultation with government officials whose jurisdictions might be 
affected by SIP development activities. Tennessee adopted state-wide 
consultation procedures for the implementation of transportation 
conformity. These consultation procedures include considerations 
associated with the development of mobile inventories for SIPs. 
Implementation of transportation conformity as outlined in the 
consultation procedures requires TDEC to consult with federal, state 
and local transportation and air quality agency officials on the 
development of motor vehicle emissions budgets. EPA approved 
Tennessee's consultation procedures on May 16, 2003 (68 FR 26492). 
While transportation conformity requirements do not apply for lead 
because of the nature of the standard, the consultation procedures that 
TDEC has in place to implement transportation conformity requirements 
provides evidence of the State's ability to consult with other 
governmental agencies on air quality issues. EPA has made the 
preliminary determination that Tennessee's SIP and practices adequately 
demonstrate consultation with government officials related to the 2008 
Lead NAAQS when necessary.
    110(a)(2)(J) (127 public notification) Public notification: Chapter 
1200-3-15, Emergency Episode Requirements, requires that TDEC notify 
the public of any air pollution episode or NAAQS violation. EPA has 
made the preliminary determination that Tennessee's SIP and practices 
adequately demonstrate the State's ability to provide public 
notification related to the 2008 Lead NAAQS when necessary.
    110(a)(2)(J) (Part C) PSD and visibility protection: In this 
action, EPA is proposing to approve in part, and conditionally approve 
in part Tennessee's infrastructure SIP for the 2008 lead NAAQS with 
respect to the general requirement in section 110(a)(2)(J) to include a 
program in the SIP that regulates the modification and construction of 
any stationary source as necessary to assure that the NAAQS are 
achieved. Chapter 1200-3-9, Construction and Operating Permits, of 
Tennessee's SIP pertains to the construction of any new major 
stationary source or any project at an existing major stationary source 
in an area designated as nonattainment, attainment or unclassifiable. 
Chapter 1200-3-22, Lead Emission Standards, of Tennessee's SIP, 
published on August 12, 1985, specifies requirements for Reasonably 
Available Control Technology for significant existing sources of lead 
(October 29, 2001, 66 FR 44632). There are four other revisions to the 
Tennessee SIP that are necessary to meet the requirements of 
infrastructure element 110(a)(2)(C). These four revisions are related 
to the Ozone Implementation NSR Update (November 29, 2005, 70 FR 
71612), the ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule'' (June 3, 2010, 75 FR 31514), the NSR 
PM2.5 Rule (May 16, 2008, 73 FR 28321), and PM2.5 
PSD Increment-SILs-SMC Rule (October 20, 2010, 75 FR 64864).
    Tennessee's SIP contains provisions for the State's PSD program for 
three of the four program requirements.\12\ On October 4, 2012, 
Tennessee submitted a letter to EPA with a schedule and commitment to 
provide the necessary SIP revision to address its SIP deficiencies 
related to the October 20, 2010, final rulemaking related to PSD 
PM2.5 Increments, SILs, and SMC Rule requirements. Based on 
Tennessee's commitment, EPA is proposing to conditionally approve 
section

[[Page 17175]]

110(a)(2)(J), related to PSD consistent with section 110(k)(4) of the 
Act.
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    \12\ (1) EPA's approval of Tennessee's PSD/NSR regulations which 
address the Ozone Implementation NSR Update requirements, (2) EPA's 
approval of Tennessee's PSD GHG Tailoring Rule revisions which 
addresses the thresholds for GHG permitting applicability in 
Tennessee, and (3) EPA's approval of Tennessee's NSR 
PM2.5 Rule, which adopts required federal PSD and NNSR 
permitting provisions governing the implementation of the NSR 
program for PM2.5 as promulgated in the NSR 
PM2.5 Rule.
    For additional detailed information on these requirements, see 
section 3 above.
---------------------------------------------------------------------------

    These SIP revisions \13\ address requisite requirements of 
infrastructure element 110(a)(2)(J) and are necessary for today's 
rulemaking to propose to approve, in part, and conditionally approve, 
in part, infrastructure SIP element 110(a)(2)(J). EPA also notes that 
today's action is not proposing to approve or disapprove the State's 
existing minor NSR program itself to the extent that it is inconsistent 
with EPA's regulations governing this program. EPA believes that a 
number of states may have minor NSR provisions that are contrary to the 
existing EPA regulations for this program. EPA intends to work with 
states to reconcile state minor NSR programs with EPA's regulatory 
provisions for the program. The statutory requirements of section 
110(a)(2)(J) provide for considerable flexibility in designing minor 
NSR programs, and EPA believes it may be time to revisit the regulatory 
requirements for this program to give the states an appropriate level 
of flexibility to design a program that meets their particular air 
quality concerns, while assuring reasonable consistency across the 
country in protecting the NAAQS with respect to new and modified minor 
sources.
---------------------------------------------------------------------------

    \13\ (1) EPA's approval of Tennessee's PSD/NSR regulations which 
address the Ozone Implementation NSR Update requirements, (2) EPA's 
approval of Tennessee's PSD GHG Tailoring Rule revisions which 
addresses the thresholds for GHG permitting applicability in 
Tennessee, (3) EPA's approval of Tennessee's NSR PM2.5 
Rule, which adopts required federal PSD and NNSR permitting 
provisions governing the implementation of the NSR program for 
PM2.5 as promulgated in the NSR PM2.5 Rule, 
and (4) EPA's proposed conditional approval of Tennessee's PSD 
PM2.5 Increments, SILs, and SMC rulemaking which 
addresses rules that regulate the construction and modification of 
any major stationary source locating in an attainment or 
unclassifiable area, where the source's emissions may cause or 
contribute to a violation of the NAAQS.
    .
---------------------------------------------------------------------------

    In this action, EPA is also proposing to conditionally approve 
Tennessee's infrastructure SIP for the 2008 Lead NAAQS with respect to 
the general requirement in section 110(a)(2)(J) to include a program in 
the SIP that regulates the modification and construction of any 
stationary source as necessary to assure that the NAAQS are achieved. 
Minor sources are subject to the statutory requirements in section 
110(a)(2)(C) of the CAA which requires ``* * * regulations of the 
modification and construction of any stationary source * * * as 
necessary to assure that the NAAQS are achieved.'' These programs 
should be established in each state within 3 years of the promulgation 
of a new revised NAAQS, and may be particularly important because 
virtually all sources of lead are minor sources.
    EPA has made the preliminary determination that Tennessee's SIP and 
practices are adequate for program enforcement of control measures 
including review of proposed new sources related to the 2008 lead 
NAAQS.
    With regard to the applicable requirements for visibility 
protection, EPA recognizes that states are subject to visibility and 
regional haze program requirements under part C of the Act (which 
includes sections 169A and 169B). In the event of the establishment of 
a new NAAQS, however, the visibility and regional haze program 
requirements under part C do not change. Thus, EPA finds that there is 
no new visibility obligation ``triggered'' under section 110(a)(2)(J) 
when a new NAAQS becomes effective. This would be the case even in the 
event a secondary PM2.5 NAAQS for visibility is established, 
because this NAAQS would not affect visibility requirements under part 
C. Tennessee has submitted SIP revisions for approval to satisfy the 
requirements of the CAA Section 169A and 169B, and the regional haze 
and best available retrofit technology rules contained in 40 CFR 
51.308. On April 24, 2012, EPA published a final rulemaking regarding 
Tennessee's regional haze program. See 77 FR 24392. On November 27, 
2012, EPA approved the Eastman Chemical Company BART portion of 
Tennessee's regional haze submittal. See 77 FR 70689. EPA has made the 
preliminary determination that Tennessee's SIP and practices adequately 
demonstrate the State's ability to implement PSD programs and to 
provide for visibility protection related to the 2008 Lead NAAQS when 
necessary.
    10. 110(a)(2)(K) Air quality and modeling/data: Chapter 1200-3-
9-.01(4)(k), Air Quality Models, of the Tennessee SIP specify that 
required air modeling be conducted in accordance with 40 CFR Part 51, 
Appendix W ``Guideline on Air Quality Models,'' as incorporated into 
the Tennessee SIP. These standards demonstrate that Tennessee has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of the Lead NAAQS. Additionally, 
Tennessee supports a regional effort to coordinate the development of 
emissions inventories and conduct regional modeling for several NAAQS, 
including the Lead NAAQS, for the southeastern states. Taken as a 
whole, Tennessee's air quality regulations and practices demonstrate 
that TDEC has the authority to provide relevant data for the purpose of 
predicting the effect on ambient air quality of the Lead NAAQS. EPA has 
made the preliminary determination that Tennessee's SIP and practices 
adequately demonstrate the State's ability to provide for air quality 
and modeling, along with analysis of the associated data, related to 
the 2008 Lead NAAQS when necessary.
    11. 110(a)(2)(L) Permitting fees: As discussed above, Tennessee's 
SIP provides for the review of construction permits. Permitting fees in 
Tennessee are collected through the State's federally-approved title V 
fees program and consistent with Chapter 1200-03-26-.02, Permit-Related 
Fees, of the Tennessee Code. EPA has made the preliminary determination 
that Tennessee's SIP and practices adequately provide for permitting 
fees related to the 2008 Lead NAAQS when necessary.
    12. 110(a)(2)(M) Consultation/participation by affected local 
entities: Chapter 1200-3-9-.01(4)(k), Public Participation, of the 
Tennessee SIP requires that TDEC notify the public of an application, 
preliminary determination, the activity or activities involved in the 
permit action, any emissions change associated with any permit 
modification, and the opportunity for comment prior to making a final 
permitting decision. By way of example, TDEC has recently worked 
closely with local political subdivisions during the development of its 
Transportation Conformity SIP, Regional Haze Implementation Plan, and 
Early Action Compacts. EPA has made the preliminary determination that 
Tennessee's SIP and practices adequately demonstrate consultation with 
affected local entities related to the 2008 Lead NAAQS when necessary.

V. Proposed Action

    EPA is proposing alternative actions to (1) approve in full and (2) 
approve in part and conditionally approve in part. With the exception 
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) related to PSD, 
110(a)(2)(E)(ii), and 110(a)(2)(J) related to PSD, EPA is proposing to 
determine that Tennessee's infrastructure submission, provided to EPA 
on October 19, 2009, addressed the required infrastructure elements for 
the 2008 Lead NAAQS. EPA is proposing to approve in part and 
conditionally approve in part, Tennessee's SIP submission consistent 
with section 110(k)(3) of the CAA.
    As described above, with the exception of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) related to PSD,

[[Page 17176]]

110(a)(2)(E)(ii) (as it relates to section 128(a)(1), and 110(a)(2)(J) 
related to PSD TDEC has addressed the elements of the CAA 110(a)(1) and 
(2) SIP requirements pursuant to section 110 of the CAA to ensure that 
the 2008 lead NAAQS are implemented, enforced, and maintained in 
Tennessee. With respect to sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
related to PSD, and 110(a)(2)(J) related to PSD, EPA is proposing to 
conditionally approve Tennessee's infrastructure SIP based on an 
October 4, 2012, commitment that TDEC will provide the necessary SIP 
revision to address its SIP deficiencies related to the October 20, 
2010, final rulemaking related to PSD PM2.5 Increments, 
SILs, and SMC Rule requirements. With respect to section 
110(a)(2)(E)(ii) (referencing section 128 of the CAA), EPA is proposing 
to conditionally approve Tennessee's infrastructure SIP based on a 
March 28, 2012, commitment that TDEC will adopt specific enforceable 
measures into its SIP and submit these revisions to EPA July 23, 2013, 
to address the applicable portions of section 128. EPA intends to move 
forward with finalizing the conditional approval for these elements 
consistent with section 110(k)(4) of the Act. EPA is also proposing to 
approve Tennessee's infrastructure submission for the 2008 Lead NAAQS, 
with the exception of section 110(a)(2)(E)(ii), because its October 19, 
2009, submission is consistent with section 110 of the CAA.

VI. 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 proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, and Recordkeeping 
requirements.

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

    Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-06418 Filed 3-19-13; 8:45 am]
BILLING CODE 6560-50-P