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[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Rules and Regulations]
[Pages 1593-1596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00030]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0440; FRL-9905-13-Region 4]

Approval and Promulgation of Implementation Plans; Tennessee; 
Bristol; 2010 Lead Base Year Emissions Inventory and Conversion of 
Conditional Approvals for Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Lead 2010 base year emissions inventory State Implementation Plan (SIP) 
revision submitted by the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC) on April 11, 2013. 
The emissions inventory was submitted to meet the requirements of the 
Clean Air Act (CAA or Act) for the Bristol 2008 Lead National Ambient 
Air Quality Standards (NAAQS) nonattainment area (hereafter also 
referred to as the ``Bristol Area'' or ``Area''). Additionally, EPA is 
converting conditional approvals to full approvals for Tennessee's 1997 
annual fine particulate matter (PM2.5) NAAQS, 2006 24-hour 
PM2.5 NAAQS and 2008 8-hour ozone NAAQS infrastructure SIPs 
as they relate to adequate provisions prohibiting emissions that 
interfere with any other State's required measures to prevent 
significant deterioration of its air quality. EPA conditionally 
approved these portions of Tennessee's infrastructure SIPs for these 
NAAQS on March 6, 2013, and March 26, 2013. Tennessee has since met the 
obligations

[[Page 1594]]

associated with these conditional approvals, and therefore, EPA is 
converting the conditional approvals to full approvals.

DATES: This rule will be effective February 10, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0440. 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: 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: 
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

a. Emissions Inventory

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the area. These 
inventories provide a detailed accounting of all emissions and emission 
sources by precursor or pollutant. In the November 12, 2008 Lead 
Standard rulemaking, EPA finalized the guidance related to the 
emissions inventories requirements. The current regulations are located 
at 40 CFR 51.117(e), and include, but are not limited to, the following 
requirements:
     States must develop and periodically update a 
comprehensive, accurate, current inventory of actual emissions from all 
source affecting ambient lead concentrations;
     The SIP inventory must be approved by EPA as a SIP element 
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must contain all sources 
that emit 0.5 or more tons of lead per year.
    For the base-year inventory of actual emissions, EPA recommends 
using either 2010 or 2011 as the base year for the contingency measure 
calculations, but does provide flexibility for using other inventory 
years if states can show another year is more appropriate.\1\ For lead 
SIPs, the CAA requires that all sources of lead emissions in the 
nonattainment area must be submitted with the base-year inventory. In 
today's action, EPA is approving the base year emissions inventory 
portion of the SIP revision submitted by Tennessee on April 11, 2013, 
as required by section 172(c)(3). On October 23, 2013, EPA proposed 
approval of Tennessee's April 11, 2013, SIP revision. See 78 FR 63148. 
EPA did not receive any comments, adverse or otherwise, on the October 
23, 2013, proposed action.
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    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, 
included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/kitmodel.html.
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b. Conditional Approvals

    On October 4, 2012, Tennessee submitted a letter requesting 
conditional approval of certain prevention of significant deterioration 
(PSD)-related infrastructure elements.\2\ Specifically, Tennessee 
requested conditional approval of elements of the infrastructure SIP 
related to the requirements in its SIP applicable to its permitting 
program for adopting the PM2.5 PSD increments as promulgated 
in the rule entitled ``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 (October 20, 2010) 
(hereafter referred to as the ``PM2.5 PSD Increments-SILs-
SMC Rule''). Following promulgation of the PM2.5 PSD 
Increment-SILs-SMC Rule, the PSD increments portion of the Rule became 
one of the prerequisites for approval of the PSD-related infrastructure 
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) and 
110(a)(2)(J) for the 1997 annual and 2006 24-hour PM2.5 
NAAQS and the 2008 8-hour ozone NAAQS. The Rule provides additional 
regulatory provisions under the PSD program regarding the 
implementation of the PM2.5 NAAQS for New Source Review, 
including PM2.5 increments pursuant to section 166(a) of the 
CAA to prevent significant deterioration of air quality in areas 
meeting the NAAQS. PSD increments prevent air quality in attainment/
unclassifiable areas from deteriorating to the level set by the NAAQS. 
As such, an increment is the mechanism used to estimate ``significant 
deterioration'' of air quality for a pollutant in an area. Under 
section 165(a)(3) of the CAA, a PSD permit applicant must demonstrate 
that emissions from the proposed construction and operation of a 
facility ``will not cause, or contribute to, air pollution in excess of 
any maximum allowable increase or allowable concentration for any 
pollutant.''
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    \2\ The CAA requires that the SIP provide for the 
implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. See 42 U.S.C. 7410(a).
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    With respect to the PSD-related requirements of section 
110(a)(2)(D)(i)(II) for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, and sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
and 110(a)(2)(J) for the 2008 8-hour ozone NAAQS, EPA conditionally 
approved Tennessee's infrastructure SIP submissions, because at the 
time of these approvals, the State had not yet adopted the PSD 
increments provided in the PM2.5 PSD Increments-SILs-SMC 
Rule; however, the State had committed through the October 4, 2012, 
commitment letter to do so within one year. Based upon this commitment, 
and consistent with section 110(k)(4) of the CAA, EPA took final action 
to conditionally approval the portions of Tennessee's infrastructure 
SIP submissions related to the above-described PSD program requirements 
for the PM2.5 1997 annual and the 2006 24-hour NAAQS, and 
the 2008 8-hour ozone NAAQS. See 78 FR 14450 (March 6, 2013) and 78 FR 
18241 (March 26, 2013), respectively.
    Following these actions, and consistent with the terms of the 
conditional approvals, Tennessee submitted a SIP revision on May 10, 
2013, to adopt the PSD PM2.5 increments (set forth in 
Chapter 1200-03-09 of the Tennessee Air Pollution Control Regulations--
Construction and Operating Permits, Rule Number .01--Construction 
Permits) and the then

[[Page 1595]]

applicable regulatory requirements for implementing the 
PM2.5 NAAQS, as promulgated in the PM2.5 PSD 
Increments-SILs-SMC Rule. This SIP revision was provided to satisfy the 
October 4, 2012, commitment made by the State. On July 25, 2013, EPA 
took final action approving the May 10, 2013, submittal. See 78 FR 
44886. As such, Tennessee has satisfied the conditions listed in EPA's 
previous conditional approvals for these infrastructure submissions. 
See 78 FR 44886 for additional information.

II. This Action

    On October 23, 2013 (78 FR 63148), EPA proposed approval of 
Tennessee's April 11, 2013, submission regarding the Bristol, Tennessee 
Lead 2010 base year emissions inventory and proposed to convert to full 
approvals the existing conditional approvals of Tennessee's 1997 annual 
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 2008 8-
hour ozone NAAQS infrastructure SIPs as they relate to adequate 
provisions prohibiting emissions that interfere with any other state's 
required measures to prevent significant deterioration of its air 
quality. EPA received no adverse comments on its proposed action and is 
hereby finalizing approval of this action.

III. Final Action

    EPA is approving the 2010 base year emissions inventory SIP 
revision for lead for the Bristol Area as submitted by the State of 
Tennessee on April 11, 2013. Additionally, EPA is converting to full 
approvals the March 6, 2013, and March 26, 2013, conditional approvals 
of the PSD-related requirements of section 110(a)(2)(D)(i)(II) for the 
1997 annual and the 2006 24-hour PM2.5 NAAQS, and the PSD-
related requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) and 
110(a)(2)(J) for the 2008 8-hour ozone. EPA is also removing the 
conditional approval language from 40 CFR 52.2219 to reflect that these 
elements of the infrastructure SIPs have been converted to full 
approval, and that Tennessee has met the State's obligations related to 
the previous conditional approvals. These actions are being taken 
pursuant to 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. 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 action 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 March 10, 2014. 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 and Sulfur 
oxides.

    Dated: December 23, 2013.
A. Stanley Meiburg,
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

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2. Section 52.2219 is amended by removing and reserving paragraphs (c) 
and (e) to read as follows:

Sec.  52.2219  Conditional approval.

* * * * *
    (c) [Reserved]
* * * * *
    (e) [Reserved]

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3. Section 52.2220(e) is amended by adding a new entry for ``Bristol, 
Tennessee Lead 2010 Base Year Emissions Inventory'' at the end of the 
table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

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                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                       Applicable
   Name of non-regulatory SIP        geographic or      State effective    EPA-approval date      Explanation
            provision              nonattainment area         date
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                                                  * * * * * * *
Bristol, Tennessee Lead 2010      Bristol............          4/11/2013  1/9/2014 [Insert    ..................
 Base Year Emissions Inventory.                                            citation of
                                                                           publication].
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[FR Doc. 2014-00030 Filed 1-8-14; 8:45 am]
BILLING CODE 6560-50-P
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