[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27428-27430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0748; FRL-9963-48-Region 4]


Air Plan Approvals; TN; Prong 4-2010 NO2, SO2, and 2012 PM2.5 
NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving the visibility transport (prong 4) portions of revisions to 
the Tennessee State Implementation Plan (SIP), submitted by the 
Tennessee Department of Environment and Conservation (TDEC), addressing 
the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 
2010 1-hour Nitrogen Dioxide (NO2), 2010 1-hour Sulfur 
Dioxide (SO2), and 2012 annual Fine Particulate Matter 
(PM2.5) 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, commonly referred to as an ``infrastructure SIP.'' 
Specifically, EPA is conditionally approving the prong 4 portions of 
Tennessee's March 13, 2014, 2010 1-hour NO2 and 2010 1-hour 
SO2 infrastructure SIP submission and December 16, 2015, 
2012 annual PM2.5 infrastructure SIP submission. All other 
applicable infrastructure requirements for these SIP submissions have 
been or will be addressed in separate rulemakings.

DATES: This rule is effective July 17, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0748. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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 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: Sean Lakeman of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. EPA has historically referred to these SIP submissions made for 
the purpose of satisfying the requirements of sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as for 
monitoring, basic program requirements, and legal authority that are 
designed to assure attainment and maintenance of the newly established 
or revised NAAQS. More specifically, section 110(a)(1) provides the 
procedural and timing requirements for infrastructure SIPs. Section 
110(a)(2) lists specific elements that states must meet for the 
infrastructure SIP requirements related to a newly established or 
revised NAAQS. The contents of an infrastructure SIP submission may 
vary depending upon the data and analytical tools available to the 
state, as well as the provisions already contained in the state's 
implementation plan at the time in which the state develops and submits 
the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section

[[Page 27429]]

110(a)(2)(D)(i)(I), are provisions that prohibit any source or other 
type of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (prong 1) and from 
interfering with maintenance of the NAAQS in another state (prong 2). 
The third and fourth prongs, which are codified in section 
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in 
one state from interfering with measures required to prevent 
significant deterioration of air quality in another state (prong 3) or 
from interfering with measures to protect visibility in another state 
(prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions 
insuring compliance with sections 115 and 126 of the Act, relating to 
interstate and international pollution abatement.
    Tennessee's March 13, 2014, 2010 1-hour NO2 and 2010 1-
hour SO2 submission cites to the State's regional haze SIP 
and Clean Air Interstate Rule (CAIR) SIP as satisfying prong 4 
requirements.\1\ In its December 16, 2015, 2012 annual PM2.5 
submission, the State notes that it is developing a regional haze SIP 
revision with the intent to obtain a fully-approved regional haze SIP 
and that Tennessee's SIP will be adequate with regard to prong 4 if EPA 
approves that revision. As explained in a notice of proposed rulemaking 
(NPRM) published on March 2, 2017 (82 FR 12328), EPA has not yet fully 
approved Tennessee's existing regional haze SIP because the SIP relies 
on CAIR to satisfy the nitrogen oxides (NOX) and 
SO2 Best Available Retrofit Technology (BART) requirements 
for the CAIR-subject electric generating units (EGUs) in the State and 
the requirement for a long-term strategy sufficient to achieve the 
state-adopted reasonable progress goals.\2\ Therefore, on December 7, 
2016, Tennessee submitted a commitment letter to EPA requesting 
conditional approval of the prong 4 portions of the aforementioned 
infrastructure SIP revisions.
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    \1\ In its March 13, 2014, submission, Tennessee states that its 
regional haze SIP and its ``CAIR SIP are sufficient to ensure 
emissions within its jurisdiction do not interfere with other 
agencies' plans to protect visibility.'' However, as Tennessee notes 
in its submittal, a state's infrastructure SIP submission can 
satisfy prong 4 solely through confirmation that the state has a 
fully approved regional haze SIP.
    \2\ CAIR, promulgated in 2005, required 27 states and the 
District of Columbia to reduce emissions of NOX and 
SO2 that significantly contribute to, or interfere with 
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in 
any downwind state. CAIR imposed specified emissions reduction 
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join 
as a means to meet these requirements.
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    In its commitment letter, Tennessee commits to submit an 
infrastructure SIP revision, within one year of final conditional 
approval, that will satisfy the prong 4 requirements for the 2010 1-
hour NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012 
annual PM2.5 NAAQS through reliance on a fully-approved 
regional haze SIP or through an analysis showing that emissions from 
sources in Tennessee will not interfere with the attainment of the 
reasonable progress goals of other states. If the revised 
infrastructure SIP revision relies on a fully-approved regional haze 
SIP revision to satisfy prong 4 requirements, Tennessee also commits to 
providing the necessary regional haze SIP revision to EPA within one 
year of EPA's final conditional approval.
    If Tennessee meets its commitment within one year of final 
conditional approval, the prong 4 portions of the conditionally 
approved infrastructure SIP submissions will remain a part of the SIP 
until EPA takes final action approving or disapproving the new SIP 
revision(s). However, if the State fails to submit these revisions 
within the one-year timeframe, the conditional approval will 
automatically become a disapproval one year from EPA's final 
conditional approval and EPA will issue a finding of disapproval. EPA 
is not required to propose the finding of disapproval. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the FIP requirement under CAA section 110(c).
    In the March 2, 2017, NPRM, EPA proposed to conditionally approve 
the prong 4 portions of the aforementioned infrastructure SIP 
submissions. The NPRM provides additional detail regarding the 
rationale for EPA's action, including further discussion of the prong 4 
requirements and the basis for Tennessee's commitment letter. Comments 
on the proposed rulemaking were due on or before April 3, 2017. EPA 
received no adverse comments on the proposed action.

II. Final Action

    As described above, EPA is conditionally approving the prong 4 
portions of Tennessee's March 13, 2014, 2010 1-hour NO2 and 
2010 1-hour SO2 infrastructure SIP submission and December 
16, 2015, 2012 PM2.5 infrastructure SIP submission. All 
other outstanding applicable infrastructure requirements for these SIP 
submissions have been or will be addressed in separate rulemakings.

III. 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 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,

[[Page 27430]]

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 August 14, 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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 25, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart RR--Tennessee

0
2. Add Sec.  52.2219 to read as follows:


Sec.  52.2219  Conditional approval.

    Tennessee submitted a letter to EPA on December 7, 2016, with a 
commitment to address the State Implementation Plan deficiencies 
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II) 
related to interference with measures to protect visibility in another 
state (prong 4) for the 2010 1-hour NO2, 2010 1-hour 
SO2, and 2012 annual PM2.5 NAAQS. EPA 
conditionally approved the prong 4 portions of Tennessee's March 13, 
2014, 2010 1-hour NO2 and 2010 1-hour SO2 
infrastructure SIP submission and December 16, 2015, 2012 annual 
PM2.5 infrastructure SIP submission in an action published 
in the Federal Register on June 15, 2017. If Tennessee fails to meet 
its commitment by June 15, 2018, the conditional approval will 
automatically become a disapproval on that date and EPA will issue a 
finding of disapproval.

[FR Doc. 2017-12342 Filed 6-14-17; 8:45 am]
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