72294 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 

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). In this 

letter, Tennessee described how the 

State has already scheduled a public 

hearing/comment period and anticipates 

providing a final version as soon as 

possible after the public hearing to be 

scheduled on or before December 4, 

2012. Consistent with section 110(k)(4) 

of the Act, EPA is relying upon this 

commitment by Tennessee to address 

the PM2.5 PSD Increment-SILs-SMC 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 within one year 

from the date of conditional approval, 

today’s proposed 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 Federal 

Implementation Plan 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. 

Kentucky, North Carolina and 

Tennessee have, or will have pending 

the commitments described above, 

demonstrated that major sources in each 

state are subject to PSD permitting 

program to comply with the prong 3 of 

section 110(a)(2)(D)(i) of the CAA for the 

PM2.5 NAAQS. Therefore EPA has made 

the preliminary determination to 

conditionally approve that Kentucky, 

North Carolina and Tennessee’s SIP and 

practices are adequate for insuring 

compliance with the applicable PSD 

requirements relating to interstate 

transport pollution for the 1997 and 

2006 PM2.5 NAAQS. 

IV. Proposed Action 

As described above, EPA is proposing 

to conditionally approve the Kentucky, 

North Carolina and Tennessee 

infrastructure SIP submissions as 

addressing prong 3 of section 

110(a)(2)(D)(i) of the CAA for both the 

1997 and 2006 PM2.5 NAAQS. 

Specifically, EPA is proposing to 

conditionally approve the portion of the 

States’ infrastructure SIP section 

110(a)(2)(D)(i) submissions as they 

relate to provisions prohibiting 

emissions that interfere with any other 

state’s required measures to prevent 

significant deterioration of its air quality 

because they are consistent with section 

110 of the CAA. 

V. 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 proposed 

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 proposed 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. 

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. 

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

Dated: November 21, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–29370 Filed 12–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044; FRL–9733–2] 

RIN 2060–AR62 

Reconsideration of Certain New 

Source and Startup/Shutdown Issues: 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units 

Correction 

Proposed rule document 2012–28729, 

appearing on pages 71323–71344 in the 

issue of Friday, November 30, 2012, 

should have appeared in the Proposed 

Rules section of the issue. 

[FR Doc. C1–2012–28729 Filed 12–4–12; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[WT Docket No. 10–254; DA 12–1898] 

Comment Deadline Extended for 

Public Notice Seeking Updated 

Information and Comment on Review 

of Hearing Aid Compatibility 

Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 


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