44886 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

■ b. Revising the heading of paragraph 

(c); and 

■ c. In paragraph (c) revising each entry 

under 45 CSR 8 (Ambient Air Quality 

Standards). 

The revised text read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed as incorporated by 

reference in paragraphs (c) and (d) of 

this section with an EPA approved date 

of April 1, 2013 was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. The material incorporated 

is as it exists on the date of the approval, 

and notice of any change in the material 

will be published in the Federal 

Register. Entries in paragraphs (c) and 

(d) of this section with EPA approval 

dates on or after April 1, 2013 will be 

incorporated by reference in the next 

update to the SIP compilation. 

(2)(i) EPA Region III certifies that the 

rules and regulations provided by EPA 

at the addresses in paragraph (b)(3) of 

this section are an exact duplicate of the 

officially promulgated State rules and 

regulations which have been approved 

as part of the State implementation plan 

as of April 1, 2013. 

(ii) EPA Region III certifies that the 

following source-specific requirements 

provided by EPA at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State source-specific 

requirements which have been 

approved as part of the State 

implementation plan as of November 1, 

2010. No additional revisions were 

made between November 1, 2010 and 

April 1, 2013. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA-Approved Regulations and 

Statutes. 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 

or 45 CSR] 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.2565 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

Section 45–8–1 General ......................................... 6/1/12 10/29/12, 77 FR 65493 ................. Filing and effective dates are revised. 

Section 45–8–2 Definitions ..................................... 6/1/12 10/29/12, 77 FR 65493 .................

Section 45–8–3 Adoption of Standards .................. 6/1/12 10/29/12, 77 FR 65493 ................. Effective date is revised. 

Section 45–8–4 Inconsistency Between Rules ....... 6/1/12 10/29/12, 77 FR 65493 .................

* * * * * * * 

* * * * * 

[FR Doc. 2013–17836 Filed 7–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 


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1EPA’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. 

2PM10 means particulate matter with an 

aerodynamic diameter of less than or equal to a 

nominal ten micrometers in diameter. 

3EPA’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. 

4The 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. 

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. 

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. 

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. 

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 


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5Significant 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. 

6EPA 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). 

7EPA 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. 

9The 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’’). 

10The 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. 

11The 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. 

12Tennessee’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. 

13Tennessee 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. 

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. 

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 pollutant6

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. 

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. 

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 


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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-SILsSMC 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. 

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-SILsSMC 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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 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: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 


ehiers on DSK2VPTVN1PROD with RULES
44890 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

1Portions of the bi-state Charlotte Area were 

previously designated as a moderate nonattainment 

area for the 1-hour ozone NAAQS. The Area was 

subsequently redesignated to attainment for the 1- 

hour ozone NAAQS, and a maintenance plan was 

approved into the North Carolina SIP. The original 

Charlotte-Gastonia, North Carolina 1-hour moderate 

ozone nonattainment area consisted of Mecklenburg 

and Gaston counties in North Carolina. 

TABLE 1–EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject State 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 citation 

of publication].

7/25/2013 [Insert citation of 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0140; FRL- 9835–7] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Control Techniques Guidelines and 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On May 1, 2013, the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

submitted to EPA a state 

implementation plan (SIP) revision to 

satisfy North Carolina’s commitment 

associated with the conditional 

approval of its reasonably available 

control technology (RACT) requirements 

for volatile organic compound (VOC) 

sources located in the North Carolina 

portion of the Charlotte—Gastonia— 

Rock Hill, North Carolina—South 

Carolina 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘bi-state Charlotte Area’’). The 

NC DENR May 1, 2013, SIP revision also 

includes additional changes to North 

Carolina’s RACT rules. EPA is taking 

final action to approve a number of 

these SIP changes to the State’s RACT 

rules and to convert the existing 

conditional approval of VOC RACT 

provisions in the North Carolina SIP to 

a full approval under the Clean Air Act 

(CAA or Act). EPA has evaluated the 

changes to North Carolina’s SIP, and has 

made the determination that those being 

approved through this action are 

consistent with statutory and regulatory 

requirements and EPA guidance. 

DATES: Effective Date: This rule will be 

effective August 26, 2013 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0140. 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: Jane 

Spann, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9029. 

Ms. Spann can also be reached via 

electronic mail at spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On April 30, 2004, EPA designated 

the bi-state Charlotte Area as a moderate 

nonattainment area with respect to the 

1997 8-hour ozone NAAQS.1 See 69 FR 

23858. The bi-state Charlotte Area for 

the 1997 8-hour ozone NAAQS includes 

six full counties and one partial county 

in North Carolina; and one partial 

county in South Carolina. The North 

Carolina portion of the bi-state Charlotte 

Area consists of Cabarrus, Gaston, 

Lincoln, Mecklenburg, Rowan, Union 

and a portion of Iredell County which 

includes Davidson and Coddle Creek 


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