[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48806-48809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19360]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0582; FRL-9845-2]


Approval and Promulgation of Implementation Plans; Tennessee; 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a portion of the State 
Implementation Plan (SIP) submission, submitted by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), to demonstrate that the State meets the prevention 
of significant deterioration (PSD) related infrastructure requirements 
of the Clean Air Act (CAA or Act) for the 2008 Lead national ambient 
air quality standards (NAAQS). The CAA requires that each state adopt 
and submit a SIP for the implementation, maintenance, and enforcement 
of each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. TDEC certified that the Tennessee SIP contains 
provisions that ensure the 2008 Lead NAAQS are implemented, enforced, 
and maintained in Tennessee (hereafter referred to as ``infrastructure 
submission''). Tennessee provided to EPA an infrastructure submission 
on October 19, 2009, to address the infrastructure requirements for the 
2008 Lead NAAQS, however the subject of this notice is limited to the 
PSD-related infrastructure elements. All other applicable Tennessee 
infrastructure elements have been addressed in a separate rulemaking.

DATES: This rule will be effective September 11, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0582. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30 excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9152. Mr. Farngalo can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA requires states to submit SIPs to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. Section 110(a) imposes the obligation upon 
states to make a SIP submission to EPA for a new or revised NAAQS, but 
the contents of that submission may vary depending upon the facts and 
circumstances. In particular, the data and analytical tools available 
at the time the state develops and submits the SIP for a new or revised 
NAAQS affects the content of the submission. The contents of such SIP 
submissions may also vary depending upon what provisions the state's 
existing SIP already contains.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As already mentioned, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements of the 
section 110(a) infrastructure SIP for purposes of the 2008 Lead NAAQS 
are listed below \1\ and in EPA's October 14, 2011, memorandum 
entitled'' Guidance on Infrastructure State Implementation

[[Page 48807]]

Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for 
the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS).''
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    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's final rulemaking 
does not address the section 110(a)(2)(C) and (J) infrastructure 
elements as they relate to the requirement as part D, Title I of the 
CAA.
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\3\
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    \3\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

On November 12, 2008 (75 FR 81126), EPA issued a final rule to revise 
the primary and secondary Lead NAAQS. The revised primary and secondary 
Lead NAAQS were revised to 0.15 [micro]g/m\3\. Tennessee provided its 
infrastructure submission for the 2008 Lead NAAQS on October 19, 2009.
    On March 20, 2013, EPA proposed to approve, and in the alternative, 
conditionally approve in part, Tennessee's 2008 Lead NAAQS 
infrastructure SIP. In that proposed action, EPA explained that the 
Agency was proposing to conditionally approve the PSD-related portions 
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (hereafter referred to as 
prong 3 of 110(a)(2)(D)(i)),\4\ and 110(a)(2)(J), and a portion of 
section 110(a)(2)(E)(ii) of Tennessee's October 19, 2009, 
infrastructure submission because Tennessee's SIP (at the time of EPA's 
proposal) did not include provisions to comply with all of the 
requirements associated with the aforementioned sections. Further, in 
the proposal, EPA explained that Tennessee had committed to submit SIP 
revisions to address these deficiencies. As such, EPA also proposed, in 
the alternative, to approve the entire Tennessee SIP, including the 
sections described above, as meeting the applicable infrastructure 
requirements for the 2008 Lead NAAQS, and explained that should 
Tennessee submit, and EPA approve, the necessary provisions to correct 
the identified infrastructure SIP deficiencies prior to EPA taking 
final action on the October 19, 2009, infrastructure submission, that 
EPA anticipated finalizing full approval of the infrastructure SIP. It 
was also explained that, if EPA did not approve necessary provisions 
prior to taking final action on the October 19, 2009, infrastructure 
submission, EPA anticipated finalizing conditional approvals for those 
elements for which the Tennessee infrastructure SIP remained deficient. 
See 78 FR 17168. On June 18, 2013, EPA took final action on a majority 
of Tennessee's October 19, 2009, submissions with regards to the 2008 
Lead NAAQS. See 78 FR 36440. Today's final rulemaking takes action on 
the remaining required elements of Tennessee's October 19, 2009, SIP 
revision (110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) as 
each relates to PSD requirements) regarding the infrastructure 
requirements for the 2008 Lead NAAQS.
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    \4\ Section 110(a)(2)(D)(i) includes four requirements referred 
to as prongs 1 through 4. Prongs 1 and 2 are provided at section 
110(a)(2)(D)(i)(I); prongs 3 and 4 are provided at section 
110(a)(2)(D)(i)(II).
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    The PSD-related requirements of section 110(a)(2)(C), prong 3 of 
section 110(a)(2)(D)(i), and section 110(a)(2)(J) include four 
necessary SIP revisions to address required changes to the State's part 
C PSD permit program. The first revision was required by the November 
29, 2005, Ozone Implementation Rule New Source Review (NSR) Update--
Phase 2 Rule (hereafter referred to as the Ozone Implementation NSR 
Update). Among other requirements, the Ozone Implementation NSR Update 
required that SIPs include the recognition of nitrogen oxides as a 
precursor for ozone consistent with 40 CFR 51.166 and 40 CFR 52.21. See 
70 FR 71612. In addition to the Ozone Implementation NSR Update, there 
are three other requirements that states must satisfy in order to meet 
the PSD-related requirements of section 110(a)(2)(C), prong 3 of 
section 110(a)(2)(D)(i), and section 110(a)(2)(J). These three 
revisions are related to (1) the ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (June 3, 
2010, 75 FR 31514), (2) the NSR PM2.5 Rule (May 16, 2008, 73 
FR 28321), and (3) the portion of the final rulemaking entitled ``Final 
Rule Prevention of Significant Deterioration (PSD) for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5)--Increments, 
Significant Impact Levels (SILs) and Significant monitoring 
Concentration (SMC): Final Rule'' that relates to the PM2.5 
PSD increments requirements (hereafter referred to as the 
PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to 
PM2.5 PSD Increments)) (75 FR 64864).
    Tennessee's SIP has been revised to meet each of the above PSD-
related requirements. Specifically, Tennessee's Ozone Implementation 
NSR Update SIP revision was submitted by TDEC on May 28, 2009, and 
approved by EPA on February 7, 2012. See 77 FR 6016. Tennessee 
submitted its Greenhouse Gas (GHG) Tailoring Rule SIP revision to EPA 
on January 11, 2012, and EPA approved it on February 28, 2012. See 77 
FR 11744. Tennessee submitted its NNSR SIP revision related to the 
implementation of the NSR PM2.5 Rule on July 29, 2011, and 
EPA approved this revision on July 30, 2012. See 77 FR 44481. Lastly, 
on May 10, 2013, Tennessee submitted a SIP revision to satisfy the 
requirements of the PSD PM2.5 Increments, SILs and SMC Rule, 
and the final rulemaking for this SIP revision was published on July 
23, 2013. See 78 FR 44886.

II. This Action

    EPA is taking final action to approve Tennessee's infrastructure 
submission as demonstrating that the State meets the PSD-related 
requirements of section 110(a)(2)(C), prong 3 of section 
110(a)(2)(D)(i), and section 110(a)(2)(J) of the CAA for the 2008 Lead 
NAAQS. Section 110(a) of the CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by the EPA, which is commonly referred to as an 
``infrastructure'' SIP. Tennessee, through TDEC, certified that the 
Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS is 
implemented, enforced, and maintained in Tennessee. EPA received no 
adverse comments on its March 20, 2013, proposed approval of 
Tennessee's October 19, 2009, infrastructure submission pertaining to 
section 110(a)(2)(C), prong 3 of section 110(a)(2)(D)(i), and section 
110(a)(2)(J). EPA has determined that the Tennessee infrastructure 
submission, adequately addresses the PSD-related requirements of 
section 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) of 
the

[[Page 48808]]

CAA for the 2008 Lead NAAQS, and is consistent with section 110 of the 
CAA.\5\
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    \5\ As described above, in a previous rulemaking, EPA took 
action on Tennessee's October 19, 2009, submission for all other 
required infrastructure elements associated with the 2008 Lead 
NAAQS. See 78 FR 36440.
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III. Final Action

    EPA is taking final action to approve, Tennessee's October 19, 
2009, submission as demonstrating that the State meets the PSD-related 
requirements of section 110(a)(2)(C), prong 3 of section 
110(a)(2)(D)(i), and section 110(a)(2)(J) of the CAA for the 2008 Lead 
NAAQS because this submission is consistent with section 110 of the 
CAA. TDEC has addressed the aforementioned elements of the CAA 
110(a)(1) and (2) SIP requirements pursuant to EPA's November 12, 2008, 
guidance to ensure that the 2008 Lead NAAQS are implemented, enforced, 
and maintained in Tennessee.

IV. Statutory and Executive Order Reviews

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

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 11, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated July 31, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATIONS OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
3. Section 52.2220(e), is amended by adding an entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards'' at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

[[Page 48809]]



                                                    EPA-Approved Tennessee Non-Regulatory Provisions
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                                                                State
     Name of nonregulatory SIP      Applicable geographic  submittal date/            EPA approval date                         Explanation
             provision              or nonattainment area  effective date
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                                                                      * * * * * * *
110(a)(1) and (2) Infrastructure    Tennessee............      10/19/2009  8/12/2013 [Insert citation of           This approval is for sections
 Requirements for the 2008 Lead                                             publication].                           110(a)(2)(C), prong 3 of
 National Ambient Air Quality                                                                                       110(a)(2)(D)(i), and 110(a)(2)(J)
 Standards.                                                                                                         only.
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[FR Doc. 2013-19360 Filed 8-9-13; 8:45 am]
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