Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Rules and Regulations 70689 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

Dated: November 14, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(c), is amended by 

adding in numerical order a new entry 

for ‘‘State Statutes,’’ at the end of the 

table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation 

(Section) Title/subject State effective date EPA approval date Explanation 

*******

State Statutes 

112.3143(4) ............................. Voting Conflict ........................ 4/19/2012 7/30/2012 77 FR 44485 ......... To satisfy the requirements of 

sections 128 and 

110(a)(2)(E)(ii). 

112.3144 ................................. Full and Public Disclosure of 

Financial Interests.

4/19/2012 7/30/2012 77 FR 44485 ......... To satisfy the requirements of 

sections 128 and 

110(a)(2)(E)(ii). 

403.131 ................................... Injunctive relief, remedies ...... 4/19/2012 7/30/2012 77 FR 44485 ......... To satisfy the requirements of 

section 110(a)(2)(G). 

120.569 ................................... Decisions which affect substantial interests.4/19/2012 7/30/2012 77 FR 44485 ......... To satisfy the requirements of 

section 110(a)(2)(G). 

* * * * * 

[FR Doc. 2012–28589 Filed 11–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0786; FRL–9752–5] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Regional Haze State Implementation 

Plan; Best Available Retrofit 

Technology Requirements for Eastman 

Chemical Company 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

the Best Available Retrofit Technology 

(BART) requirements for the Eastman 

Chemical Company (Eastman) that were 

provided in a revision to the Tennessee 

State Implementation Plan (SIP) 

submitted by the State of Tennessee, 

through the Tennessee Department 

Environment and Conservation (TDEC), 

on April 4, 2008, as later modified and 

supplemented on May 14, 2012, and 

May 25, 2012. EPA previously proposed 

action on the BART requirements for 

Eastman in association with action on 

Tennessee’s April 4, 2008, regional haze 

SIP revision. On April 24, 2012, EPA 

took final action on all aspects of the 

April 4, 2008, SIP revision to address 

regional haze in the State’s and other 

states’ Class I areas except for the BART 

requirements for Eastman. The May 14, 

2012, SIP revision (as clarified in a May 

25, 2012, SIP revision) changed the 

compliance date for the Eastman BART 

determination included in Tennessee’s 

April 4, 2008, SIP revision and provided 

a BART alternative determination 

option for Eastman. EPA is finalizing 

approval of the BART requirements for 

Eastman, as provided in Tennessee’s 

April 4, 2008, May 14, 2012, and May 

25, 2012, SIP revisions because these 

SIP revisions are consistent with the 

regional haze provisions of the Clean 

Air Act (CAA) and EPA’s regulations. 

DATES: Effective Date: This rule will be 

effective December 27, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0786. 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 a.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, 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. Michele 

Notarianni can be reached at telephone 

number (404) 562–9031 and by 

electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this final 

action? 

II. What is the update to the response to 

comments received on EPA’s June 9, 

2011, proposal related to Eastman? 

III. What is the response to comments 

received on EPA’s August 27, 2012, 

proposal related to Eastman? 

IV. Final Action 

V. Statutory and Executive Order Reviews 


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I. What is the background for this final 

action? 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (e.g., sulfates, nitrates, 

organic carbon, elemental carbon, and 

soil dust), and their precursors (e.g., 

sulfur dioxide (SO2), nitrogen oxides, 

and in some cases, ammonia and 

volatile organic compounds). Fine 

particle precursors react in the 

atmosphere to form fine particulate 

matter (PM2.5) which impairs visibility 

by scattering and absorbing light. 

Visibility impairment reduces the 

clarity, color, and visible distance that 

one can see. PM2.5 can also cause 

serious health effects and mortality in 

humans and contributes to 

environmental effects such as acid 

deposition and eutrophication. 

In section 169A of the 1977 

Amendments to the CAA, Congress 

created a program for protecting 

visibility in the nation’s national parks 

and wilderness areas. This section of the 

CAA establishes as a national goal the 

‘‘prevention of any future, and the 

remedying of any existing, impairment 

of visibility in mandatory Class I areas 

which impairment results from 

manmade air pollution.’’ On December 

2, 1980, EPA promulgated regulations to 

address visibility impairment in Class I 

areas that is ‘‘reasonably attributable’’ to 

a single source or small group of 

sources, i.e., ‘‘reasonably attributable 

visibility impairment.’’ See 45 FR 

80084. These regulations represented 

the first phase in addressing visibility 

impairment. EPA deferred action on 

regional haze that emanates from a 

variety of sources until monitoring, 

modeling, and scientific knowledge 

about the relationships between 

pollutants and visibility impairment 

were improved. 

Congress added section 169B to the 

CAA in 1990 to address regional haze 

issues. EPA promulgated a rule to 

address regional haze on July 1, 1999 

(64 FR 35713), the Regional Haze Rule 

(RHR). The RHR revised the existing 

visibility regulations to integrate into 

the regulation provisions addressing 

regional haze impairment and 

established a comprehensive visibility 

protection program for Class I areas. The 

requirements for regional haze, found at 

40 CFR 51.308 and 51.309, are included 

in EPA’s visibility protection 

regulations at 40 CFR 51.300–309. The 

requirement to submit a regional haze 

SIP applies to all 50 states, the District 

of Columbia, and the Virgin Islands. 40 

CFR 51.308(b) requires states to submit 

the first implementation plan 

addressing regional haze visibility 

impairment no later than December 17, 

2007. 

On April 4, 2008, TDEC submitted a 

revision to Tennessee’s SIP to address 

regional haze in the State’s and other 

states’ Class I areas. On June 9, 2011, 

EPA published an action proposing a 

limited approval and a limited 

disapproval of Tennessee’s April 4, 

2008, SIP revision (including the BART 

determination for Eastman—hereafter 

referred to as the ‘‘original Eastman 

BART determination’’) to address the 

first implementation period for regional 

haze. See 76 FR 33662. After 

publication of EPA’s June 2011 

proposed action on Tennessee’s regional 

haze SIP revision, the State and Eastman 

entered into discussions regarding a 

BART alternative determination that 

would give Eastman the option to 

comply with the regional haze BART 

requirements by converting its B–253 

Powerhouse to natural gas in lieu of 

continuing to use coal and retrofitting 

its facility pursuant to the BART 

determination for SO2 emissions 

(hereafter referred to as the ‘‘Eastman 

BART alternative determination’’). 

On April 24, 2012, EPA took final 

action on Tennessee’s April 4, 2008, 

regional haze SIP revision, with the 

exception of the original Eastman BART 

determination. See 77 FR 24392. As 

noted in that action, EPA took no action 

on the original Eastman BART 

determination provided in the April 4, 

2008, SIP revision at that time since 

EPA expected Tennessee to submit a 

supplemental SIP addressing an 

Eastman BART alternative 

determination. EPA’s proposed action 

for the original Eastman BART 

determination remained in place after 

EPA’s April 24, 2012, action on the 

remainder of Tennessee’s regional haze 

SIP revision. On May 14, 2012, TDEC 

submitted a modification and 

supplement to its April 2008 Tennessee 

regional haze plan to address BART 

requirements for Eastman. On May 25, 

2012, Tennessee modified the permit to 

clarify that Eastman would fully 

implement BART or notify TDEC and 

EP of the selection of the Eastman BART 

alternative determination no later than 

April 30, 2017. 

In summary, Tennessee’s May 14, 

2012, SIP revision: (1) Modifies the final 

compliance date to April 30, 2017, for 

the original Eastman BART 

determination; and (2) establishes a 

BART alternative determination option 

for Eastman to convert its B–253 

Powerhouse (Boilers 25–29) to burn 

natural gas. The May 14, 2012, SIP 

revision and Eastman’s CAA title V 

operating permit stipulate that if 

Eastman elects to implement the 

Eastman BART alternative 

determination instead of the original 

Eastman BART determination, Eastman 

must begin construction on the Eastman 

BART alternative prior to April 30, 

2017, and complete construction no 

later than the earlier of: December 31, 

2018; the end of the period of the first 

long-term strategy for regional haze as 

determined by EPA; or the compliance 

deadline for the one-hour SO2 national 

ambient air quality standard (NAAQS). 

Tennessee’s May 14, 2012, SIP revision 

(as clarified in a May 25, 2012, SIP 

revision) also stipulates that if Eastman 

elects to implement the original 

Eastman BART determination instead of 

the Eastman BART alternative 

determination, it must comply with the 

BART requirements by April 30, 2017. 

The Tennessee Air Pollution Control 

Board approved this SIP revision and 

associated operating permit as Board 

Order 12–008 on May 9, 2012. TDEC 

submitted the modifications to the 

compliance date for the original 

Eastman BART determination; the 

additional Eastman BART alternative 

determination; and the Board Order as 

a SIP revision on May 14, 2012, and 

submitted a clarifying SIP revision on 

May 25, 2012. 

On August 27, 2012 (77 FR 51739), 

EPA proposed to approve the 

modifications to the compliance date for 

the original Eastman BART 

determination and the Eastman BART 

alternative determination option, as 

provided in Tennessee’s May 14, 2012, 

SIP revision. In that action, EPA 

preliminarily determined that 

implementation of the BART alternative 

option would achieve greater reasonable 

progress than would be achieved 

through the installation and operation of 

BART at Eastman and that the BART 

alternative option met the requirements 

of 40 CFR 51.308(e)(2). As mentioned 

earlier, EPA previously proposed 

approval of Tennessee’s original 

Eastman BART determination as 

provided in the State’s April 4, 2008, 

SIP revision. EPA proposed approval of 

Tennessee’s SIP revision implementing 

BART requirements for Eastman (as 

submitted by the State in an April 4, 

2008, SIP revision, and later modified 

and supplemented in a May 14, 2012, 

SIP revision) because EPA preliminarily 

determined that these requirements are 

consistent with the CAA and EPA’s 

regulations on regional haze BART 

determinations and BART alternative 

determinations. The May 25, 2012, SIP 

revision simply clarified an established 

requirement and does not substantively 

modify the proposed action. 


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1EPA notes that in the April 24, 2012, final 

rulemaking (77 FR 24392), EPA did not specifically 

mention UARG as one of the Commenters for which 

EPA was providing response to comments. UARG’s 

comments were one of the six sets of comments 

considered and responded to in the April 24, 2012, 

final rulemaking. These comments were included in 

the docket for the April 24, 2012, final rulemaking. 

2Although remanded to EPA, CAIR continues to 

apply in the interim until EPA adopts a 

replacement. 

II. What is the update to the response 

to comments received on EPA’s June 9, 

2011, proposal related to Eastman? 

EPA received six sets of comments on 

the June 9, 2011, rulemaking proposing 

a limited approval and limited 

disapproval of Tennessee’s April 4, 

2008, regional haze SIP revision. 

Specifically, the comments were 

received from the American Coalition 

for Clean Coal Electricity, Eastman, 

TDEC, the National Park Service, the 

Tennessee Valley Authority, and the 

Utility Air Regulatory Group (UARG).1

Full sets of the comments provided by 

all of the aforementioned entities 

(hereinafter referred to as ‘‘the 

Commenter’’) are provided in EPA’s 

docket for the April 24, 2012, final 

rulemaking, which is the same docket 

for today’s final action. 

EPA addressed these comments in the 

April 24, 2012, final rulemaking, and is 

only providing an update to the 

comments related to the original 

Eastman BART determination since EPA 

is now taking final action on this 

component of Tennessee’s April 4, 

2008, regional haze SIP revision. Please 

refer to EPA’s April 24, 2012, final 

rulemaking on Tennessee’s regional 

haze SIP revision for EPA’s further 

response to comments on Tennessee’s 

regional haze SIP. See 77 FR 24392. A 

summary of the comments related to 

action on the original Eastman BART 

determination and EPA’s responses are 

provided below. 

Comment 1: The Commenter requests 

that EPA delay final action on the June 

9, 2011, proposed rulemaking related to 

Tennessee’s regional haze SIP revision 

so that the BART requirements are 

harmonized with other pending federal 

air quality regulatory actions that affect 

Eastman’s Tennessee facility (e.g., 1- 

hour SO2 NAAQS, the maximum 

achievable control technology (MACT) 

rule for industrial boilers (Industrial 

Boiler MACT), and the Transport Rule). 

The Commenter asserts that this will 

provide Eastman with an opportunity to 

meet all of the requirements of these 

numerous programs at one time and will 

allow Eastman to comply with all 

pending requirements in an efficient 

and cost-effective manner. 

Response 1: Under section 110(k)(2) 

of the CAA, EPA is required to act 

within specified timeframes to approve 

or disapprove SIP revisions. As 

mentioned above, Tennessee submitted 

its regional haze SIP revision for EPA 

review on April 4, 2008, and EPA is 

already past-due on its action per the 

statutory deadlines. There is no 

authority in the CAA for EPA to further 

delay action for the reasons provided by 

the Commenter, and EPA committed to 

take final action by November 15, 2012, 

on the BART requirements for Eastman. 

Comment 2: The Commenter indicates 

that it is fundamentally inequitable to 

set the BART compliance deadline 

earlier for non-electric generating units 

(EGUs), in reference to the Eastman 

facility, than for EGUs and to require 

non-EGUs to make necessary 

investments earlier than EGUs. Further, 

the Commenter asserts that this step is 

not required to ensure reasonable 

progress in visibility improvement in 

Class I areas. 

Response 2: EPA previously 

responded to this comment in the April 

24, 2012, final rulemaking on the 

remainder to the Tennessee regional 

haze SIP. See 77 FR 24392. Today, EPA 

is responding to this comment as it 

relates specifically to the BART 

determination for Eastman. EPA 

reiterates that it is not clear what 

compliance dates the Commenter is 

referring to. Pursuant to 40 CFR 

51.308(e), Tennessee submitted a 

regional haze SIP containing BART 

determinations for each BART-eligible 

source that may reasonably be 

anticipated to cause or contribute to any 

impairment of visibility in any Class I 

area and schedules for compliance with 

BART for each of these sources. 

Tennessee’s April 4, 2008, regional haze 

SIP also contains a requirement, based 

on the provisions of 40 CFR 

51.308(e)(1)(iv), that each source subject 

to BART be required to install and 

operate BART as expeditiously as 

practicable, but in no event later than 

five years after approval of the SIP 

revision. EPA finalized action on the 

State’s April 4, 2008, SIP submission 

(excluding the BART determination for 

Eastman) on April 24, 2012, and the 

State’s May 14, 2012, SIP revision, as 

clarified through a May 25, 2012, SIP 

revision, requires Eastman to comply 

with BART by April 30, 2017, should it 

elect not to implement the BART 

alternative option. Therefore, the latest 

BART compliance date under the 

Tennessee regional haze SIP for the 

State’s subject-to-BART sources 

(including Eastman) is in 2017. These 

timelines are consistent with CAA 

requirements for implementing the 

regional haze program. 

In comparison, the Utility Boiler 

MACT and the Industrial Boiler MACT 

require compliance with their respective 

standards by 2015 as does the Clean Air 

Interstate Rule (CAIR),2 a rule that 

applies only to EGUs. It is therefore 

possible that an EGU relying on CAIR to 

satisfy BART will be required to 

implement controls that would satisfy 

BART requirements (via CAIR) before a 

non-EGU in Tennessee. 

III. What is the response to comments 

received on EPA’s August 27, 2012, 

proposal related to Eastman? 

EPA received one set of comments on 

the August 27, 2012, proposed 

rulemaking to approve Tennessee’s May 

14, 2012, SIP revision to: (1) Modify the 

compliance date for the original 

Eastman BART determination; and (2) 

establish a BART alternative 

determination option for Eastman to 

convert its B–253 Powerhouse (Boilers 

25–29) to burn natural gas. Specifically, 

the comments were received from 

Eastman (hereinafter referred to as ‘‘the 

Commenter’’) and are provided in the 

docket for today’s final action. 

In section II of this action, EPA 

updated its response to comments from 

the April 24, 2012, final rulemaking as 

it relates to the original Eastman BART 

determination. In addition, EPA is 

addressing comments received in 

response to the Agency’s August 27, 

2012, proposed rulemaking to approve 

Tennessee’s May 14, 2012, SIP revision 

to: (1) Modify the compliance date for 

the original Eastman BART 

determination; and (2) provide the 

option for an Eastman BART alternative 

determination. Additional detail for 

EPA’s rationale for the proposed 

approval of Tennessee’s May 14, 2012, 

SIP revision can be found in EPA’s 

August 27, 2012, proposed rulemaking. 

See 77 FR 51739. A summary of the 

comments related to EPA’s August 27, 

2012, proposal, and EPA’s responses to 

those comments are provided below. 

Comment 3: The Commenter asks 

EPA to clarify that December 31, 2018, 

is the end of the first long-term strategy 

period to avoid any confusion regarding 

the completion date for the Eastman 

BART alternative. Tennessee’s May 14, 

2012, SIP revision and Eastman’s CAA 

title V operating permit stipulate that if 

Eastman elects to implement the 

Eastman BART alternative 

determination instead of the original 

Eastman BART determination, Eastman 

must begin construction on the Eastman 

BART alternative prior to April 30, 

2017, and complete construction no 

later than the earlier of: December 31, 

2018; the end of the period of the first 


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long-term strategy for regional haze as 

determined by EPA; or the compliance 

deadline for the one-hour SO2 NAAQS. 

Response 3: As stated in EPA’s 

August 27, 2012, proposed rulemaking 

notice, ‘‘[a] December 31, 2018, date for 

the end of the period of the first long 

term strategy is consistent with the 

requirement to evaluate visibility over 

calendar year periods and the 

requirement for each state to submit an 

initial regional haze SIP that covers the 

period from submittal through 2018.’’ 

See 77 FR 51741. Therefore, Eastman 

must complete construction of the 

BART alternative by December 31, 2018, 

or the compliance deadline for the onehour SO2 NAAQS, whichever is earlier, 

should it elect to implement the BART 

alternative. 

IV. Final Action 

EPA is finalizing approval of the 

BART requirements for Eastman that 

were submitted by the State of 

Tennessee as a part of a revision to the 

Tennessee SIP on April 4, 2008, and as 

later modified and supplemented in a 

SIP revision provided on May 14, 2012, 

and May 25, 2012. Specifically, EPA is 

finalizing approval of the original 

Eastman BART determination as 

provided in Tennessee’s April 4, 2008, 

SIP revision, with the modified 

compliance date provided in 

Tennessee’s May 14, 2012, SIP revision, 

and as clarified in a May 25, 2012, SIP 

revision. EPA is also finalizing approval 

of Tennessee’s May 14, 2012, and May 

25, 2012, SIP revisions to provide an 

option for Tennessee to implement a 

BART alternative determination for 

Eastman in lieu of the original Eastman 

BART determination that was provided 

in Tennessee’s April 4, 2008, SIP 

revision (with the modified compliance 

date provided in Tennessee’s May 14, 

2012, SIP revision). EPA has concluded 

that implementation of the BART 

alternative option would achieve greater 

reasonable progress than would be 

achieved through the installation and 

operation of BART at Eastman and that 

the BART alternative option meets the 

requirements of 40 CFR 51.308(e)(2). 

These actions are consistent with the 

CAA and EPA’s regulations on regional 

haze, BART determinations, and BART 

alternative determinations. 

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. 

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, 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 January 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 

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, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 6, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, 40 CFR chapter I is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. Amend § 52.2220 by: 

■ a. In paragraph (d) by adding two new 

entries for ‘‘Eastman Chemical 

Company’’ and ‘‘Eastman Chemical 

Company—Amendment #1’’ at the end 

of the table; and 

■ b. In paragraph (e) by adding a new 

entry for ‘‘Regional Haze Plan—Eastman 

Chemical Company BART 

determination’’ at the end of the table. 

The added text reads as follows. 

§ 52.2220 Identification of plan. 

* * * * * 

(d) * * * 


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EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State 

effective date EPA approval date Explanation 

*******

Eastman Chemical Company BART Permit 066116H .......... May 9, 2012 ..... November 27, 2012 ...............

[Insert citation of publication]

BART determination. 

Eastman Chemical Company—Amendment #1.BART Permit 066116H, 

Amendment #1.

May 22, 2012 ... November 27, 2012 ...............

[Insert citation of publication]

Clarifying amendment to 

BART Determination. 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision 

Applicable geographic or nonattainment area 

State 

effective date EPA approval date Explanation 

*******

Regional Haze Plan—Eastman Chemical Company BART determination.Statewide .......... May 9, 2012 ..... November 27, 2012 ......

[Insert citation ................

of publication] ................

Applicable only to the Eastman Chemical BART determination. 

§ 52.2234 [Amended] 

■ 3. Amend § 52.2234 by removing and 

reserving paragraph (b). 

[FR Doc. 2012–27974 Filed 11–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0050; FRL–9755–6] 

Approval and Promulgation of State 

Implementation Plans; State of New 

Mexico; Regional Haze Rule 

Requirements for Mandatory Class I 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving New 

Mexico State Implementation Plan (SIP) 

revisions submitted on July 5, 2011, and 

December 1, 2003, by the Governor of 

New Mexico addressing the regional 

haze requirements for the 16 Class I 

areas covered by the Grand Canyon 

Visibility Transport Commission Report 

and a separate submittal for other 

Federal mandatory Class I areas. We are 

taking final approval action on all 

components of the State’s submittals 

except for the submitted nitrogen oxides 

(NOX) Best Available Retrofit 

Technology (BART) determination for 

the San Juan Generating Station (SJGS). 

We are also approving several SIP 

submissions offered as companion rules 

to the regional haze plan, including 

submitted regulations for the Western 

Backstop Sulfur Dioxide Trading 

Program, for the inventorying of 

emissions, for smoke management, and 

open burning. These SIP revisions were 

submitted to address the requirements 

of the Clean Air Act (CAA or Act) which 

require states to prevent any future and 

remedy any existing man-made 

impairment of visibility in mandatory 

Class I areas caused by emissions of air 

pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’). States are required to assure 

reasonable progress toward the national 

goal of achieving natural visibility 

conditions in Class I areas. EPA is 

taking this action pursuant to section 

110 of the CAA. 

DATES: This final rule is effective 

December 27, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2009–0050. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Publicly available docket materials 

are available either electronically 

through www.regulations.gov, or in hard 

copy at the Air Planning Section (6PD– 

L), Environmental Protection Agency, 

1445 Ross Avenue, Suite 700, Dallas, 

Texas 75202–2733 The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at our 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Michael Feldman, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–9793; fax number 

214–665–7263; email address 

feldman.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

i. The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

ii. The words EPA, we, us or our mean 

or refer to the United States 

Environmental Protection Agency. 

iii. The initials SIP mean or refer to 

State Implementation Plan. 

iv. The initials FIP mean or refer to 

Federal Implementation Plan. 

v. The initials RH and RHR mean or 

refer to Regional Haze and Regional 

Haze Rule. 

vi. The initials NMED mean the New 

Mexico Environmental Department. 

vii. The initials NM mean or refer to 

New Mexico. 

viii. The initials BART mean or refer 

to Best Available Retrofit Technology. 


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