[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3639-3641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00161]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0252; FRL-9957-90-Region 4]


Air Plan Approval; TN Infrastructure Requirements for the 2010 
NO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action on portions of the State Implementation Plan (SIP) submission, 
submitted by the State of Tennessee, through the Tennessee Department 
of Environment and Conservation (TDEC), on March 13, 2014, to 
demonstrate that the State meets the infrastructure requirements of the 
Clean Air Act (CAA or Act) for the 2010 nitrogen dioxide 
(NO2) national ambient air quality standard (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 submission. TDEC 
certified that the Tennessee SIP contains provisions that ensure the 
2010 NO2 NAAQS is implemented, enforced, and maintained in 
Tennessee. EPA has determined that portions of Tennessee's 
infrastructure SIP submission, provided to EPA on March 13, 2014, 
satisfies the certain required infrastructure elements for the 2010 
NO2 NAAQS.

DATES: This rule will be effective February 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0252. 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

[[Page 3640]]

available only in hard copy form. Publicly available docket materials 
are available either electronically through www.regulations.gov or in 
hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-8726.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On February 9, 2010 (75 FR 6474), EPA published a new 1-hour 
primary NAAQS for NO2 at a level of 100 parts per billion 
(ppb), based on a 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations. Pursuant to 
section 110(a)(1) of the CAA, states are required to submit SIPs 
meeting the requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) requires 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 for the 2010 1-hour NO2 NAAQS 
to EPA no later than January 22, 2013.
    In a proposed rulemaking published on July 14, 2016, EPA proposed 
to approve Tennessee's infrastructure SIP submission for the applicable 
requirements of the 2010 1-hour NO2 NAAQS, with the 
exception of the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J), and the interstate 
transport provisions of prongs 1, 2, and 4 of section 110(a)(2)(D)(i). 
On March 18, 2015, EPA approved Tennessee's March 13, 2014, 
infrastructure SIP submission regarding the PSD permitting requirements 
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) 
for the 2010 1-hour NO2 NAAQS. See 80 FR 14019. Therefore, 
EPA is not taking any action today pertaining to these requirements. 
With respect to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission 
before the Agency for action. Additionally, EPA will address prong 4 
element of Tennessee's March 13, 2014, SIP submission for the 2010 1-
hour NO2 NAAQS through a separate rulemaking. The details of 
Tennessee's submission and the rationale for EPA's action are explained 
in the proposed rulemaking.

II. Response to Comment

    Comments on the proposed rulemaking were due on or before July 28, 
2016. EPA received one comment, which is summarized below, on the 
proposed action.
    Comment: The Commenter stated that EPA must disapprove element 
110(a)(2)(C) unless Tennessee's SIP provides that no new minor source 
or minor modification of a major source can cause or contribute to a 
violation of any NAAQS.
    Response: EPA agrees that section 110(a)(2)(C) and the minor new 
source regulations at 40 CFR 51.160 through 51.164 require SIPs to 
includes procedures to prevent the construction of new minor sources 
and minor modifications of major sources if the new or modified source 
will interfere with attainment or maintenance of a NAAQS. EPA explained 
its approach to reviewing the minor source element of 110(a)(2)(C) in 
its proposed rulemaking for this action: ``EPA evaluates whether the 
state has an EPA-approved minor new source review program and whether 
the program addresses the pollutants relevant to that NAAQS. In the 
context of acting on an infrastructure SIP submission, however, EPA 
does not think it is necessary to conduct a review of each and every 
provision of a state's existing minor source program (i.e., already in 
the existing SIP) for compliance with the requirements of the CAA and 
EPA's regulations that pertain to such programs.'' See 81 FR 45441 
(July 14, 2016). In its 2010 1-hour NO2 NAAQS infrastructure 
SIP submission, Tennessee certified that its SIP contains provisions to 
address the 110(a)(2)(C) requirements regarding new minor sources and 
modifications, and, as noted in EPA's proposed rulemaking, the 
following SIP-approved rules address the minor source element of 
section 110(a)(2)(C): Tennessee Air Pollution Control Regulations 1200-
03-09-.01, Construction Permits, and 1200-03-09-.03, General 
Provisions. These SIP-approved rules address NAAQS pollutants including 
NO2. While the Commenter did not specifically object to any 
aspect of Tennessee's SIP submission with respect section 110(a)(2)(C), 
EPA notes that Tennessee's SIP addresses this non-interference 
component for the minor new source/minor modification permitting 
element. Specifically relevant to this comment, these SIP-approved 
rules include provisions to prohibit the issuance of construction 
permits if the source at issue would result in a violation of any air 
quality standard. See Regulation 1200-03-09-.01(1)(e).

III. Final Action

    With the exception of the preconstruction PSD permitting 
requirements for major sources of section 110(a)(2)(C), prong 3 of 
(D)(i), and (J), and the interstate transport provisions pertaining to 
visibility of prong 4 of section 110(a)(2)(D)(i), EPA is taking final 
action to approve that Tennessee's March 13, 2014, SIP submission for 
the 2010 1-hour NO2 NAAQS because the submission is 
consistent with section 110 of the CAA.

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. 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 
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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

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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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 March 13, 2017. 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: December 20, 2016.
 Heather McTeer Toney,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 40 CFR part 52 is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2010 1-hour NO2 
NAAQS'' at the end of the table to read as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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  Name of nonregulatory SIP     Applicable geographic or       State        EPA approval
          provision                nonattainment area     effective date        date             Explanation
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                                                  * * * * * * *
110(a)(1) and (2)              Tennessee................      03/13/2014  1/12/2017,        With the exception
 Infrastructure Requirements                                               [Insert           of sections:
 for the 2010 1-hour NO2                                                   citation of      110(a)(2)(C) and (J)
 NAAQS.                                                                    publication].     concerning PSD
                                                                                             permitting
                                                                                             requirements and;
                                                                                            110(a)(2)(D)(i)
                                                                                             (prongs 1 through
                                                                                             4) concerning
                                                                                             interstate
                                                                                             transport
                                                                                             requirements.
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[FR Doc. 2017-00161 Filed 1-11-17; 8:45 am]
 BILLING CODE 6560-50-P