Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 18241 

77 FR 59354, the direct final rule 

became effective on November 26, 2012, 

because no significant adverse 

comments were received within the 

comment period. In a companion 

document in this issue of the Federal 

Register, VA is withdrawing the 

proposed rulemaking, RIN 2900–AO37, 

published at 77 FR 59354, as 

unnecessary. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on March 20, 2013 for 

publication. 

Dated: March 21, 2013. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2013–06828 Filed 3–25–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0328; FRL–9792–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Flint Hills Resources Pine 

Bend 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the January 31, 2013, direct final rule 

approving a revision to the Minnesota 

State Implementation Plan (SIP). EPA 

will address the comment in a 

subsequent final action based upon the 

proposed rulemaking action, also 

published on January 31, 2013. EPA will 

not institute a second comment period 

on this action. 

DATES: The direct final rule published at 

78 FR 6733 on January 31, 2013, is 

withdrawn as of March 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Mary Portanova, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–5954, 

portanova.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

withdrawing the January 31, 2013 (78 

FR 6733), direct final rule approving a 

revision to the the Minnesota sulfur 

dioxide SIP for Flint Hills Resources 

Pine Bend, LLC, in Dakota County. In 

the direct final rule, EPA stated that if 

adverse comments were received by 

March 4, 2013, the rule would be 

withdrawn and not take effect. On 

February 5, 2013, EPA received a 

comment, which it interprets as adverse 

and, therefore, EPA is withdrawing the 

direct final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed rulemaking 

action, also published on January 31, 

2013 (78 FR 6783). EPA will not 

institute a second comment period on 

this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur oxides. 

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

Dated: March 13, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—[AMENDED] 

Accordingly, the amendment to 40 

CFR 52.1220 published in the Federal 

Register on January 31, 2013 (78 FR 

6733) on pages 6735–6736 is withdrawn 

as of March 26, 2013. 

[FR Doc. 2013–06652 Filed 3–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0814; FRL–9792–2] 

Approval and Promulgation of 

Implementation Plans; Region 4 

States; Prong 3 of Section 

110(a)(2)(D)(i) Infrastructure 

Requirement for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

conditionally approve submissions from 

Kentucky, North Carolina and 

Tennessee for inclusion into each State 

Implementation Plan (SIP). This action 

addresses the Clean Air Act (CAA or 

Act) requirements pertaining to 

prevention of significant deterioration 

(PSD) for the 1997 annual and 2006 24- 

hour fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS) infrastructure SIPs. The CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. EPA is 

conditionally approving the 

submissions for Kentucky, North 

Carolina and Tennessee that relate to 

adequate provisions prohibiting 

emissions that interfere with any other 

state’s required measures to prevent 

significant deterioration of its air 

quality. All other applicable 

infrastructure requirements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

associated with these States have been 

addressed in separate rulemakings. 

DATES: This rule will be effective April 

25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0814. 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 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 


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18242 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

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. On 

July 18, 1997 (62 FR 38652), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

PM2.5 NAAQS. On December 5, 2012, 

EPA proposed to conditionally approve 

Kentucky, North Carolina and 

Tennessee’s submissions addressing 

section 110(a)(2)(D)(i)(II) related to PSD. 

A summary of the background for 

today’s final action is provided below. 

See EPA’s December 5, 2012, proposed 

rulemaking (77 FR 72291) for more 

detail. 

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. 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 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

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. However, in this action, 

EPA is only addressing element 

110(a)(2)(D)(i)(II) as it relates to PSD 

requirements. 

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 

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 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 

interfering with measures required to 

prevent significant deterioration of air 

quality in another state (‘‘prong 3’’), or 

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. 

In previous actions, EPA has already 

addressed Kentucky, North Carolina and 

Tennessee’s SIP submissions related to 

sections 110(a)(2)(D)(i)(I) and 

110(a)(2)(D)(ii) for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. Today’s 

final conditional approval relates only 

to the requirements of section 

110(a)(2)(D)(i), prong 3, which as 

previously described, requires that the 

SIP contain adequate provisions 

prohibiting emissions that interfere with 

any other state’s required measures to 

prevent significant deterioration of its 

air quality. More information on this 

requirement and EPA’s rationale for 

today’s conditional approval of this 

requirement for purposes of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

is provided below. 

II. This Action 

On July 3, 2012, and July 10, 2012, 

respectively, Kentucky and North 

Carolina submitted commitment letters 

to EPA requesting conditional approval 

of outstanding PSD requirements related 

to the New Source Review (NSR) PM2.5

Rule and the PM2.5 PSD Increment— 

Significant Impact Levels (SILs)— 

Significant Monitoring Concentration 

(SMC) Rule. EPA determined that these 

letters of commitment met the 

requirements of section 110(k)(4) of the 

CAA, and accordingly, EPA 

conditionally approved the NSR PM2.5

Rule and PM2.5 PSD Increment-SILsSMC Rule submission for Kentucky on 

October 3, 2012, (77 FR 60307) and the 

submission for North Carolina on 

October 16, 2012 (77 FR 63234). EPA is 

relying upon these commitments to 

address the NSR PM2.5 Rule and the 

PM2.5 PSD Increment-SILs-SMC Rule 

(only as it relates to PM2.5 increments) 

as the basis for conditionally approving 

Kentucky and North Carolina’s 

infrastructure SIPs as they relate to 

prong 3 of section 110(a)(2)(D)(i). If 

Kentucky fails to submit the revisions 

described in its July 3, 2012, 

commitment letter by October 3, 2013, 

today’s conditional approval of prong 3 

for Kentucky will automatically become 

a disapproval, and EPA will issue a 

finding of disapproval. Likewise, if 

North Carolina fails to submit the 

revisions described in its July 10, 2012, 

commitment letter by October 16, 2013, 

today’s conditional approval of prong 3 

for North Carolina will automatically 

become a disapproval, and EPA will 

issue a finding of disapproval. EPA is 

not required to propose the finding of 

disapproval. If either conditional 

approval is converted to a disapproval, 

that final disapproval would trigger the 

Federal Implementation Plan (FIP) 

requirement under section 110(c). 

However, if the State meets its 

commitment within the applicable 

timeframe, the conditionally approved 

submission will remain a part of the SIP 

until EPA takes final action on the 

submittals. 

On October 4, 2012, Tennessee 

submitted a commitment letter to EPA 

requesting conditional approval of 

specific enforceable measures related to 

prong 3 of section 110(a)(2)(D)(i); 

specifically, the applicable requirements 

of the PM2.5 PSD Increment-SILs-SMC 

Rule (only as it relates to PM2.5

increments). Consistent with section 

110(k)(4) of the Act, EPA is relying upon 

this commitment by Tennessee to 

address the PM2.5 PSD Increment-SILsSMC Rule (only as it relates to PM2.5

increments) as the basis for 

conditionally approving Tennessee’s 

infrastructure SIP as it relates to prong 

3 of section 110(a)(2)(D)(i). If Tennessee 

fails to submit these revisions by March 

6, 2014, today’s conditional approval 

will automatically become a disapproval 

on that date and EPA will issue a 

finding of disapproval. EPA is not 

required to propose the finding of 

disapproval. If the conditional approval 

is converted to a disapproval, the final 

disapproval triggers the FIP requirement 

under section 110(c). However, if the 

State meets its commitment within the 

applicable timeframe, the conditionally 

approved submission will remain a part 

of the SIP until EPA takes final action 

approving or disapproving the new 

submittal. 

EPA received one comment on its 

December 5, 2012, proposed rulemaking 


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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 18243 

to conditionally approve Kentucky, 

North Carolina and Tennessee’s SIP 

submissions as meeting the section 

110(a)(2)(D)(i)(II) requirements of the 

CAA for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS. The Commenter 

wanted ‘‘to congratulate EPA workers 

for trying to decrease particles and 

increase the public’s health.’’ This 

comment does not appear to be related 

to the issues presented in the proposed 

rulemaking, and instead, appears related 

to a wholly separate topic— 

promulgation of the PM NAAQS. EPA 

does not interpret this comment as 

relevant to the topic of EPA’s December 

5, 2012, proposed action. Instead, EPA 

interprets this comment as off-topic and 

outside of the scope of today’s final 

rulemaking. 

EPA notes that 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 (NSR 

PM2.5 Rule) addressed by the court 

decision promulgated NSR requirements 

for implementation of PM2.5 in both 

nonattainment areas (nonattainment 

NSR) and attainment/unclassifiable 

areas (PSD). See 73 FR 28321 (May 16, 

2008). 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 actions for 

the Kentucky, North Carolina and 

Tennessee infrastructure SIPs as related 

to element (D)(i)(II) 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. 

Once the above-described specific 

enforceable measures related to the 

PM2.5 Rule and the PM2.5 PSD 

Increment-SILs-SMC Rule (only as it 

relates to PM2.5 increments) have been 

adopted into the respective SIPs of 

Kentucky, North Carolina and 

Tennessee, the infrastructure SIPs for 

these states will adequately address 

applicable requirements of section 

110(a)(2)(D)(i), prong 3 for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

EPA has determined that Kentucky, 

North Carolina and Tennessee’s 

submissions, in conjunction with the 

above-described revisions, are 

consistent with section 110 of the CAA. 

III. Final Action 

As described above, EPA is 

conditionally approving the SIP 

submissions for Kentucky, North 

Carolina and Tennessee as addressing 

prong 3 of section 110(a)(2)(D)(i) of the 

CAA for both the 1997 and 2006 PM2.5

NAAQS. 

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 Commonwealth 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, 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 May 28, 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 


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18244 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

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, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 11, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. Section 52.919 is amended by 

adding paragraph (c) to read as follows: 

§ 52.919 Identification of plan-conditional 

approval. 

* * * * * 

(c) Kentucky submitted a commitment 

letter to EPA on July 3, 2012, requesting 

conditional approval of outstanding 

requirements related to the NSR PM2.5

Rule. In this letter, the Commonwealth 

provided a schedule as to how it will 

address outstanding requirements 

related to the NSR PM2.5 Rule (including 

PM2.5 PSD Increment-SILs-SMC, as it 

relates to PM2.5 increments to meet the 

prong 3 requirements of section 

110(a)(2)(D)(i)). EPA conditionally 

approved the NSR PM2.5 Rule 

submission for Kentucky on October 3, 

2012, (77 FR 60307). If the 

Commonwealth fails to submit these 

revisions by October 3, 2013, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

Subpart II—North Carolina 

■ 3. Section 52.1773 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1773 Conditional Approval. 

* * * * * 

(c) North Carolina submitted a 

commitment letter to EPA on July 10, 

2012, requesting conditional approval of 

outstanding requirements related to the 

NSR PM2.5 Rule. In this letter, North 

Carolina provided a schedule as to how 

it will address outstanding requirements 

related to the NSR PM2.5 Rule (including 

PM2.5 PSD Increment-SILs-SMC, as it 

relates to PM2.5 increments to meet the 

prong 3 requirements of section 

110(a)(2)(D)(i)). EPA conditionally 

approved the NSR PM2.5 Rule 

submission for North Carolina on 

October 16, 2012, (77 FR 63234). If the 

North Carolina fails to submit these 

revisions by October 16, 2013, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

Subpart RR—Tennessee 

■ 4. Section 52.2219 is amended by 

revising paragraph (e) to read as follows: 

§ 52.2219 Conditional Approval. 

* * * * * 

(e) Conditional Approval. On October 

4, 2012, Tennessee submitted a 

commitment letter to EPA requesting 

conditional approval of specific 

enforceable measures related to prong 3 

of section 110(a)(2)(D)(i); specifically, 

the PM2.5 PSD Increment-SILs-SMC Rule 

(only as it relates to PM2.5 increments) 

for the 1997 annual and 2006 24-hour 

fine particulate matter (PM2.5) national 

ambient air quality standards. EPA is 

conditionally approving Tennessee’s 

commitment to address outstanding 

requirements promulgated in the PM2.5

PSD Increment-SILs-SMC Rule (only as 

it relates to PM2.5 increments). If 

Tennessee fails to submit these 

revisions by March 6, 2014, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

[FR Doc. 2013–06646 Filed 3–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0827; FRL–9785–6] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). This action was proposed in 

the Federal Register on November 7, 

2012 and concerns volatile organic 

compound (VOC) emissions from 

architectural coatings. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on April 25, 

2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0827 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 7, 2012 (77 FR 66780), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule # Rule title Amended Submitted 

SCAQMD ....................................................... 1113 Architectural Coatings ................................................. 06/03/11 09/27/11 


tkelley on DSK3SPTVN1PROD with RULES