```

[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44886-44890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17842]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0894; FRL-9837-1]

Approval and Promulgation of Implementation Plans; Tennessee: New 
Source Review-Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve portions of a revision 
to the Tennessee State Implementation Plan (SIP), submitted by the 
Tennessee Department of Environment and Conservation (TDEC) through the 
Division of Air Pollution Control, to EPA on October 4, 2012, for 
parallel processing. TDEC submitted the final version of this SIP 
revision on May 10, 2013. The SIP revision approved in this action 
modifies Tennessee's New Source Review (NSR) Prevention of Significant 
Deterioration (PSD) program to adopt, into the Tennessee SIP, federal 
regulatory requirements regarding PSD increments for fine particles 
with an aerodynamic diameter of less than or equal to 2.5 micrometers. 
EPA is approving portions of Tennessee's May 10, 2013, SIP revision 
because the Agency has made the determination that these portions of 
the SIP revision are in accordance with the Clean Air Act (CAA or Act) 
and EPA regulations regarding NSR permitting.

DATES: This rule will be effective August 26, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0894. 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 for 
further information. The Regional Office's official hours of business 
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.

[[Page 44887]]

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Tennessee SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley's telephone number 
is (404) 562-9352; email address: bradley.twunjala@epa.gov. For 
information regarding NSR, contact Ms. Yolanda Adams, Air Permits 
Section, at the same address above. Ms. Adams' telephone number is 
(404) 562-9241; email address: adams.yolanda@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background

    On October 4, 2012, TDEC submitted a draft SIP revision for 
parallel processing. The October 4, 2012, draft SIP revision changes 
Tennessee's Air Quality Regulations, Chapter 1200-03-09--Construction 
and Operating Permits, Rule Number .01--Construction Permits, to adopt 
PSD requirements related to the implementation of the PM2.5 
NAAQS 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''). TDEC submitted its final SIP revision to 
EPA on May 10, 2013.
    In addition, on February 26, 2013, Tennessee provided a final 
submission to EPA that corrects the State's definition of ``regulated 
NSR pollutant'' at Chapter 1200-03-09-.01(4)(b)47(vi) by removing the 
term ``particulate matter (PM) emissions.'' Tennessee made this change 
to be consistent with EPA's October 25, 2012, rulemaking entitled 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5): Amendment to the 
Definition of `Regulated NSR Pollutant' Concerning Condensable 
Particulate Matter, Final Rule,'' 77 FR 65107 (hereafter referred to as 
the ``Condensable PM Correction Rule''). EPA never took action to 
include this term into Tennessee's SIP. Therefore, this submission is 
administrative in nature to correct Tennessee's state laws and does not 
require any action by EPA--EPA is simply pointing out this issue for 
clarification purposes.
    On April 22, 2013, EPA proposed to approve, through parallel 
processing, Tennessee's draft October 4, 2012, SIP revision to address 
the PM2.5 increment requirements.\1\ EPA's April 22, 2013, 
proposed rulemaking was contingent upon Tennessee providing a final SIP 
revision that was substantively the same as their October 4, 2012, 
draft SIP revision. See 78 FR 23704. Comments on EPA's April 22, 2013, 
proposed rulemaking were due on or before May 22, 2013. EPA received no 
comments adverse or otherwise. TDEC submitted the final version of its 
SIP revision on May 10, 2013. Tennessee's October 4, 2012, May 10, 
2013, and February 26, 2013, submissions are provided in the docket for 
today's final action (Docket ID: EPA-R04-OAR-2012-0894). The SIP 
submittal changes are briefly summarized below. Please refer to EPA's 
April 22, 2013, proposed rulemaking for more detailed information 
regarding the state's submission as well as the Agency's rationale for 
today's final rulemaking.
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    \1\ EPA's April 22, 2013, proposed rulemaking stated that as a 
result of the January 22, 2013, D.C. Circuit decision to vacate and 
remand the PM2.5 SILs and vacate the PM2.5 
SMCs as well as consultations with EPA Region 4, TDEC would request 
in their final SIP submission that EPA not take action to approve 
into the Tennessee SIP the PM2.5 SILs and SMC. See 78 FR 
23704.
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    Tennessee's May 10, 2013, final SIP revision reflects two changes 
from the State's October 4, 2012, draft submittal. These two changes, 
made by TDEC at EPA's request, were needed to make Tennessee's rule 
consistent with EPA's PM2.5 PSD Increment-SILs-SMC Rule. As 
EPA explained in the April 22, 2013, proposed rulemaking, Tennessee 
inadvertently omitted from the October 4, 2012, draft submission 
certain provisions established in the PM2.5 PSD Increment-
SILs-SMC Rule including: (1) The Class I variances for PM2.5 
increments at 1200-03-09-.01(4)(n)3, and the administrative change to 
replace the term ``particulate matter'' with ``PM2.5, 
PM10''\2\ (consistent with federal rule at 40 CFR 51.166(c) 
and (p)(5)); and (2) the administrative changes to the definition of 
``baseline date'' at 1200-03-09-.01(4)(b)15(i) and (ii)(I) to replace 
the term ``particulate matter'' with ``PM10.'' In the April 
22, 2013, proposed rulemaking, EPA explained that TDEC had committed to 
addressing these inadvertent omissions in the final SIP submission. See 
78 FR at 23708. Tennessee's May 10, 2013, final SIP revision addressed 
the provisions for PM2.5 Increments for Class I variances 
and changes to the definition of ``baseline date'' in accordance with 
the October 20, 2010 rule and to appropriately implement the PSD 
increments for the PM2.5 NAAQS.
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    \2\ PM10 means particulate matter with an aerodynamic 
diameter of less than or equal to a nominal ten micrometers in 
diameter.
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    Additionally, Tennessee's May 10, 2013, final SIP submission cover 
letter requested that EPA not take action to approve into Tennessee's 
SIP the portions of the state rule that establish PM2.5 SILs 
(at 1200-03-09-.01(5)(b)1(xix)) and SMCs (at 1200-03-
09-.01(4)(d)6(i)(III)).\3\ Tennessee made this request to be consistent 
with a D.C. Circuit court decision that occurred as the State was going 
through its rulemaking process. See Sierra Club v. EPA, 705 F.3d 458 
(D.C. Cir. 2013).\4\ As requested by the State of Tennessee, EPA is not 
taking final action in this rulemaking on the portions of the May 10, 
2013, SIP submittal related to the PM2.5 SILs and SMC 
thresholds as promulgated in EPA's PM2.5 PSD Increment-SILs-
SMC Rule. Besides the abovementioned changes, there were no significant 
differences between Tennessee's October 4, 2012, draft SIP revision, 
and the State's May 10, 2013, final SIP revision to adopt the 
PM2.5 PSD increments.
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    \3\ EPA's April 22, 2013, proposed rulemaking stated that as a 
result of the January 22, 2013, D.C. Circuit decision to vacate and 
remand the PM2.5 SILs and vacate the PM2.5 
SMCs as well as consultations with EPA Region 4, TDEC would request 
in their final SIP submission (to adopt permitting provisions 
promulgated in the PM2.5 Increments-SILs-SMC Rule) that 
EPA not take action to approve into the Tennessee SIP the 
PM2.5 SILs and SMC. See 78 FR 23704.
    \4\ The Sierra Club challenged EPA's authority to implement the 
PM2.5 SILs and SMC for PSD purposes as promulgated in the 
October 20, 2010, PM2.5 PSD Increment-SILs-SMC Rule. See 
Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On January 22, 
2013, the court issued an order vacating and remanding to EPA for 
further consideration the portions of its PM2.5 PSD 
Increment-SILs-SMC Rule addressing the PM2.5 SILs, except 
for the parts codifying the PM2.5SILs in the NSR rule at 
40 CFR 51.165(b)(2). The court also vacated parts of the 
PM2.5 PSD Increment-SILs-SMC Rule establishing the 
PM2.5 SMC, finding that the Agency had exceeded its 
statutory authority with respect to these provisions. The D.C. 
Circuit Court's decision can be found in the docket for today's 
rulemaking at www.regulations.gov using docket ID: EPA-R04-OAR-2012-
0894.
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A. PM2.5 PSD Increment SILs-SMC Rule

    The PM2.5 PSD Increment-SILs-SMC Rule provided 
additional regulatory provisions under the PSD program regarding the 
implementation of the PM2.5 NAAQS for NSR including: (1) 
PM2.5 increments pursuant to section 166(a) of the CAA to 
prevent significant deterioration of air quality in areas meeting the 
NAAQS; (2) SILs used as a screening tool (by a major source subject

[[Page 44888]]

to PSD) to evaluate the impact a proposed major source or modification 
may have on the NAAQS or PSD increment; and (3) a SMC, (also a 
screening tool) used by a major source subject to PSD to determine the 
subsequent level of PM2.5 data gathering required for a PSD 
permit application. PSD increments prevent air quality in attainment/
unclassifiable areas from deteriorating to the level set by the NAAQS. 
Therefore, an increment is the mechanism used to estimate ``significant 
deterioration'' \5\ of air quality for a pollutant in an area.
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    \5\ Significant deterioration occurs when the amount of the new 
pollution exceeds the applicable PSD increment, which is the 
``maximum allowable increase'' of an air pollutant allowed to occur 
above the applicable baseline concentration for that pollutant. 
Section 169(4) of the CAA provides that the baseline concentration 
of a pollutant for a particular baseline area is generally the air 
quality at the time of the first application for a PSD permit in the 
area.
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    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.'' When a source applies for a permit to emit a regulated 
pollutant in an area that meets the NAAQS, the state and EPA must 
determine if emissions of the regulated pollutant from the source will 
cause significant deterioration in air quality. As described in the 
PM2.5 PSD Increment-SILs-SMC Rule, pursuant to the authority 
under section 166(a) of the CAA, EPA promulgated numerical PSD 
increments for PM2.5 as a new pollutant\6\ for which NAAQS 
were established after August 7, 1977,\7\ and derived 24-hour and 
annual PM2.5 increments for the three area classifications 
(Class I, II and III) using the ``contingent safe harbor'' approach. 
See 75 FR 64869 and the ambient air increment tables at 40 CFR 
51.166(c)(1) and 52.21(c). In addition to PSD increments for the 
PM2.5 NAAQS, the PM2.5 PSD Increment-SILs-SMC 
Rule amended the definition at 40 CFR 51.166 and 52.21 for ``major 
source baseline date'' and ''minor source baseline date'' (including 
trigger date) to establish the PM2.5 NAAQS specific dates 
associated with the implementation of PM2.5 PSD increments. 
See 75 FR 64864. As mentioned above, due to the January 22, 2013, D.C. 
Circuit court decision, TDEC requested in its May 10, 2013, final SIP 
submission that EPA not take action to approve the PM2.5 
SILs and SMC screening tools \8\ into the Tennessee SIP.
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    \6\ EPA generally characterized the PM2.5 NAAQS as a 
NAAQS for a new indicator of PM. EPA did not replace the 
PM10 NAAQS with the NAAQS for PM2.5 when the 
PM2.5 NAAQS were promulgated in 1997. EPA rather retained 
the annual and 24-hour NAAQS for PM2.5 as if 
PM2.5 was a new pollutant even though EPA had already 
developed air quality criteria for PM generally. See 75 FR 64864 
(October 20, 2010).
    \7\ EPA interprets 166(a) to authorize EPA to promulgate 
pollutant-specific PSD regulations meeting the requirements of 
section 166(c) and 166(d) for any pollutant for which EPA 
promulgates a NAAQS after 1977.
    \8\ In the October 20, 2010, final rulemaking EPA explained that 
the SILs and SMCs are not required by the Act as part of an 
approvable SIP program; therefore states are not under any SIP-
related deadline for revising their PSD programs to add these 
screening tools. See 75 FR 64864, 64900.
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B. Condensable PM Correction

    Tennessee's February 26, 2013, submission removes the term 
``particulate matter emissions'' from Tennessee's state law definition 
of ``regulated NSR pollutant.'' As explained above, Tennessee made this 
rule change to be consistent with EPA's October 25, 2012, final 
Condensable PM Correction Rule, which revised the definition of 
``regulated NSR pollutant'' \9\ to remove an inadvertent requirement 
promulgated in the May 16, 2008 NSR PM2.5 Rule.\10\ 
Specifically, the NSR PM2.5 Rule inadvertently established 
that measurement of condensable ``particulate matter emissions'' \11\ 
must be included as part of the measurement and regulation of 
particulate matter. See 77 FR 15656. However, EPA's final Condensable 
PM Correction Rule removed this inadvertent requirement from the 
definition of ``regulated NSR pollutant.'' See 77 FR 65107. EPA 
interprets Tennessee's February 26, 2013, submittal as superseding the 
portion of Tennessee's July 29, 2011,\12\ SIP submittal that included 
the term ``particulate matter emissions'' in the definition of 
``regulated NSR pollutant.'' As such, there is no longer a SIP 
submittal to include the term ``particulate matter emissions'' in the 
definition of ``regulated NSR pollutant'' before the Agency, and thus, 
no further action is required as the provision was never approved into 
the SIP--EPA is simply pointing out this issue for clarification 
purposes.
---------------------------------------------------------------------------

    \9\ The final rulemaking revised the definition of regulated NSR 
pollutant at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(vi) and part 51, 
appendix S (``Emissions Offset Interpretative Ruling'').
    \10\ The NSR PM2.5 Rule entitled ``Implementation of 
the New Source Review Program for Particulate Matter Less than 2.5 
Micrometers,'' Final Rule, 73 FR 28321 (May 16, 2008) revised the 
federal NSR program requirements at 40 CFR 51.166, 51.165, 52.21 and 
``Emissions Offset Interpretative Ruling'' (40 CFR part 51, appendix 
S) to establish the framework for implementing preconstruction 
permit review for the PM2.5 NAAQS in both attainment and 
nonattainment areas.
    \11\ The term ``particulate matter emissions'' includes 
filterable particles that are larger than PM2.5 and 
PM10 and is an indicator measured under various New 
Source Performance Standards (NSPS) (40 CFR part 60). In addition to 
the NSPS for PM, it is noted that states have regulated 
``particulate matter emissions'' for many years in their SIPs for 
PM, and the same indicator has been used as a surrogate for 
determining compliance with certain standards contained in 40 CFR 
part 63, regarding National Emission Standards for Hazardous Air 
Pollutants.
    \12\ Tennessee's July 29, 2011, SIP revision adopted NSR 
permitting requirements promulgated in the May 16, 2008, NSR 
PM2.5 Rule including the requirement to consider 
condensable PM for PSD applicability. As a result of EPA's then 
March 16, 2012 (77 FR 15656), proposed Condensable PM Correction 
Rule Tennessee submitted a letter to EPA on May 1, 2012, requesting 
that EPA not approve into the Tennessee SIP the term ``particulate 
matter emissions'' (at rule 1200-03-09-.01(4)(b)47(vi)) as part of 
the definition for ``regulated NSR pollutant.'' Consistent with this 
request, EPA took final action to approve Tennessee's July 29, 2011, 
NSR PM2.5 Rule SIP revision on July 30, 2012, excluding 
the term ``particulate matter emissions,'' and at the time did not 
act on the portion of Tennessee's revised ``regulated NSR 
pollutant'' definition as requested by the State. See 77 FR 44481.
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II. This Action

    In this rulemaking, EPA is taking final action to approve portions 
of Tennessee's May 10, 2013, final SIP revision to adopt the 
PM2.5 PSD increments promulgated in the October 20, 2010, 
PM2.5 Increment-SILs-SMC Rule (pursuant to section 166(a) of 
the CAA and codified at 40 CFR 51.166) into the Tennessee SIP at 
Chapter 1200-03-09 \13\ including: (1) The PM2.5 PSD 
increments at TDEC's ambient air increments table Rule 1200-.03-
09-.01(4)(f); (2) revisions to the definition of ``baseline date'' at 
Rule 1200-03-09-.01(4)(b)15 to establish the PM2.5 ``major 
source baseline date'' (consistent with 40 CFR 51.166(b)(14)(i)(a) and 
(c)) and to establish the PM2.5 ``trigger date'' used for 
determining the ``minor source baseline date'' (consistent with 40 CFR 
51.166(b)(14)(ii)(c)); and, (3) a revision to the definition of 
``baseline area'' at Rule 1200-03-09-.01(4)(b)14 to specify pollutant 
air quality impact annual averages (consistent with 40 CFR 
51.166(b)(15)(i) and (ii)). In addition, as discussed in EPA's April 
22, 2013 proposal, TDEC's October 4, 2012, parallel processing 
submission did not update the state's Class I variances (at Rule 1200-
03-09-.01(4)(n)3) to include the PM2.5 increments or 
administrative

[[Page 44889]]

amendments to the definition of ``baseline area'' (at Rule 1200-03-
09-.01(4)(b)15(i) and (ii)(I)) established in the October 20, 2010, 
rule and codified at 40 CFR 51.166. See 77 FR 68279. Tennessee's May 
10, 2013, final submission adopting the PM2.5 PSD increments 
addresses the two abovementioned provisions to be consistent with the 
PSD increments portion of the PM2.5 Increments-SILs-SMC 
Rule. These changes provide for the implementation of the 
PM2.5 PSD increments for the PM2.5 NAAQS in the 
State's PSD program and became state effective on April 24, 2013.
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    \13\ Tennessee currently has a SIP-approved NSR program for new 
and modified stationary sources. TDEC's PSD preconstruction rules 
are found at Air Quality Regulations, Chapter 1200-03-09--
Construction and Operating Permits, Rule Number .01--Construction 
Permits and apply to major stationary sources or modifications 
constructed in areas designated attainment areas or unclassifiable/
attainment areas as required under part C of title I of the CAA with 
respect to the NAAQS.
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    Pursuant to section 110 of the CAA, EPA is approving portions of 
Tennessee's May 10, 2013, SIP revision to address PM2.5 PSD 
increments. In EPA's April 22, 2013, proposed rulemaking, EPA proposed 
not to approve into the Tennessee SIP the PM2.5 SILs and SMC 
as a result of the January 22, 2013, D.C. Circuit Court's decision. As 
requested in TDEC's May 10, 2013, SIP submission, EPA is not taking 
final action at this time on any portions of Tennessee's PSD SIP 
submission regarding the PM2.5 SILs and SMC provisions as 
codified at 40 CFR 51.166 and 52.21.

III. Final Action

    EPA is taking final action to approve portions of Tennessee's May 
10, 2013, SIP revision to adopt only the PM2.5 increments as 
amended in the October 20, 2010, PM2.5 PSD Increments-SILs-
SMC Rule. EPA has made the determination that these portions of 
Tennessee's SIP revision are approvable because they are in accordance 
with section 110 of the CAA and EPA regulations regarding NSR 
permitting.

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 September 23, 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, Greenhouse gases, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: July 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. In Section 52.2220, Table 1 in paragraph (c) is amended by revising 
the entry for Section 1200-3-9-.01 ``Definitions'' to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

[[Page 44890]]

                                   Table 1-EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01...........  Definitions.......       4/24/2013  7/25/2013 [Insert   7/25/2013 [Insert
                                                                      citation of         citation of
                                                                      publication].       publication]--EPA is
                                                                                          approving Tennessee's
                                                                                          May 10, 2013, SIP
                                                                                          revision to Chapter
                                                                                          1200-3-9-.01 with the
                                                                                          exception of the PM2.5
                                                                                          SILs (at 1200-3-9-
                                                                                          .01(5)(b)1(xix)) and
                                                                                          SMC (at 1200-3-9-
                                                                                          .01(4)(d)6(i)(III)) as
                                                                                          promulgated in the
                                                                                          October 20, 2010,
                                                                                          PM2.5 Increments-SILs-
                                                                                          SMC Rule.
                                                                                         February 7, 2012 (77 FR
                                                                                          6016)--EPA is
                                                                                          approving Tennessee's
                                                                                          May 28, 2009, SIP
                                                                                          revisions to Chapter
                                                                                          1200-3-9-.01 with the
                                                                                          exception of the
                                                                                          ``baseline actual
                                                                                          emissions''
                                                                                          calculation revision
                                                                                          found at 1200-3-9-
                                                                                          .01(4)(b)45(i)(III),
                                                                                          (4)(b)45(ii)(IV),
                                                                                          (5)(b)1(xlvii)(I)(III)
                                                                                          and
                                                                                          (5)(b)1(xlvii)(II)(IV)
                                                                                          of the submittal.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-17842 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P
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