Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 75845 

DATES: Submit comments by February 2, 

2012. 

ADDRESSES: Submit comments by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Regulations.gov ID for this docket is 

ATBCB–2011–0004. 

• Email: row@access-board.gov. 

Include docket number ATBCB 2011–04 

or RIN number 3014–AA26 in the 

subject line of the message. 

• Fax: (202) 272–0081. 

• Mail or Hand Delivery/Courier: 

Office of Technical and Informational 

Services, Access Board, 1331 F Street 

NW., Suite 1000, Washington, DC 

20004–1111. 

All comments will be posted without 

change to http://www.regulations.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Scott Windley, Office of Technical and 

Information Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street NW., Suite 1000, 

Washington, DC 20004–1111. 

Telephone (202) 272–0025 (voice) or 

(202) 272–0028 (TTY). Email address 

row@access-board.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Architectural and Transportation 

Barriers Compliance Board (Access 

Board) is reopening until February 2, 

2012, the comment period for the notice 

entitled ‘‘Accessibility Guidelines for 

Pedestrian Facilities in the Public Rightof-Way,’’ that appeared in the Federal 

Register on July 26, 2011 (76 FR 44664). 

In that notice, the Access Board 

proposed guidelines for accessible 

public rights-of-way and requested 

comments by November 23, 2011. 

On the day the comment period 

ended, the Access Board received a 

request from the National Association of 

Counties, the National League of Cities 

and the U.S. Conference of Mayors to 

extend the comment period for at least 

90 days to provide local governments 

with additional time to review and more 

fully assess the proposed rule. In 

addition, just prior to the closing of the 

comment period, the American Council 

of Engineering Companies requested an 

unspecified extension of the comment 

period. Although the Access Board has 

already provided a 120-day comment 

period and has held two public hearings 

on the proposed rule, the Board will 

provide additional time for the public to 

submit comments on this proposed rule. 

The new comment period ends on 

February 2, 2012. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2011–31089 Filed 12–2–11; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0483–201155; FRL– 

9498–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Tennessee: Prevention of Significant 

Deterioration and Nonattainment New 

Source Review Rules: Nitrogen Oxides 

as a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

changes 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 May 28, 2009. The 

proposed SIP revision modifies 

Tennessee’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) programs. Tennessee’s 

May 28, 2009, SIP revision makes 

several changes for which EPA is 

proposing approval in this rulemaking. 

First, the proposed revision addresses 

requirements promulgated in the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

plementation Rule NSR Update Phase II 

(hereafter referred to as the ‘‘Ozone 

Implementation NSR Update’’ or ‘‘Phase 

II Rule’’). Second, the May 28, 2009, SIP 

revision includes updates to 

Tennessee’s PSD and NNSR permitting 

regulations regarding the addition of 

clean coal technology (CCT) 

requirements. Lastly, the SIP revision 

includes clarifying changes and 

corrections to portions of the Tennessee 

NSR rule. All changes in the proposed 

SIP revision are necessary to comply 

with Federal regulations related to 

Tennessee’s NSR permitting program. 

EPA is proposing approval of the May 

28, 2009, proposed SIP revision because 

the Agency has preliminarily 

determined that the changes are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

NSR permitting. 

DATES: Comments must be received on 

or before January 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0483, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0483, 

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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2010– 

0483.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

email, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 


srobinson on DSK4SPTVN1PROD with PROPOSALS
75846 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 

1Tennessee’s May 28, 2009, SIP revision also 

contained changes to Tennessee’s SIP-approved 

NSR permitting regulations regarding ‘‘baseline 

actual emissions.’’ EPA is not proposing action for 

this revision at this time. 

2Tennessee’s May 28, 2009 SIP submittal also 

made changes to the State’s title V regulations at 

1200–3–9–.02(11) which EPA is not proposing 

action as these regulations are not part of the SIP. 

3On December 31, 2002, (67 FR 80186), EPA 

published final rule changes to 40 CFR parts 51 and 

52, regarding the CAA’s PSD and NNSR programs. 

On November 7, 2003, (68 FR 63021), EPA 

published a notice of final action on the 

reconsideration of the December 31, 2002, final rule 

changes. The December 31, 2002, and the November 

7, 2003, final actions are collectively referred to as 

the ‘‘2002 NSR Reform Rules.’’ On June 24, 2005, 

DC Circuit Court vacated portions of the 2002 NSR 

Reform Rules pertaining to CU and PCP. 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 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. 

Telephone number: (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. Telephone 

number: (404) 562–9214; email address: 

adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing? 

II. What is the background for EPA’s 

proposed action? 

A. What is the NSR program? 

B. What are the NSR requirements for the 

Phase II Rule? 

III. What is EPA’s analysis of Tennessee’s SIP 

revision? 

A. EPA’s Analysis of Tennessee’s NSR Rule 

Revision To Adopt the Phase II Rule 

Requirements 

B. EPA’s Analysis of Tennessee’s Inclusion 

of Certain Clean Coal Technology 

Changes 

C. EPA’s Analysis of Tennessee’s Clarifying 

Changes and Corrections 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

On May 28, 2009, TDEC submitted a 

revision to EPA for approval into the 

Tennessee SIP to adopt Federal 

requirements for NSR permitting.1

Tennessee’s SIP revision makes changes 

to Tennessee’s Air Quality Regulations, 

Chapter 1200–03–09—Construction and 

Operating Permits, Rule Number .01— 

Construction Permit, .02—Operating 

Permits, and .03—General Provisions to 

adopt PSD and NNSR requirements 

related to the implementation of the 

Phase II Rule.2 First, the proposed 

revision addresses requirements 

promulgated in the Phase II Rule. In 

summary, the May 28, 2009, SIP 

revision addresses the Ozone 

Implementation NSR Update 

requirements for Tennessee to: (1) 

Specifically recognize that nitrogen 

oxides (NOX) emissions are ozone 

precursors; (2) adopt NNSR provisions 

for major stationary source thresholds 

for sources in certain classes of 

nonattainment areas for 8-hour ozone, 

carbon monoxide and particulate matter 

with a nominal aerodynamic diameter 

less than or equal to 10 microns (PM10); 

(3) address changes to offset ratios for 

marginal, moderate, serious, severe, and 

extreme ozone nonattainment areas; and 

(4) address changes to provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation. Tennessee’s May 28, 2009 

submittal adopts these provisions 

promulgated in the Phase II Rule. In 

addition, May 28, 2009, SIP revision 

includes updates to the Tennessee PSD 

and NNSR permitting regulations 

regarding the adoption of CCT 

definitions at 1200–03–09.01. Lastly, the 

SIP revision includes clarifying changes 

and corrections to its rules at 1200–3– 

9–.01, 1200–3–9–.02 and 1200–3–9–.03. 

All changes in the proposed SIP 

revision are necessary to comply with 

Federal regulations related to 

Tennessee’s NSR permitting program. 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve all the 

aforementioned changes into the 

Tennessee SIP. 

Tennessee’s May 28, 2009, submittal 

also included the removal of provisions 

for clean units (CU) and pollution 

control projects (PCP) from the State’s 

PSD and NNSR regulations that were 

vacated by the United States Court of 

Appeals for the District of Columbia 

Circuit (DC Circuit Court) 3 to be 

consistent with the Federal regulations. 

EPA did not approve revisions into 

Tennessee’s federally-approved SIP 

regarding the provisions for CU and 

PCP. Therefore, no action related to the 

provisions of CU and PCP is necessary. 

II. What is the background for EPA’s 

proposed action? 

A. What is the NSR program? 

The CAA NSR program is a 

preconstruction review and permitting 

program applicable to certain new and 

modified stationary sources of air 

pollutants regulated under the CAA. 

The program includes a combination of 

air quality planning and air pollution 

control technology requirements. The 

CAA NSR program is composed of three 

separate programs: PSD, NNSR, and 

Minor NSR. PSD is established in Part 

C of title I of the CAA and applies in 

areas that meet the NAAQS ‘‘attainment 

areas’’ as well as areas where there is 

insufficient information to determine if 

the area meets the NAAQS— 

‘‘unclassifiable areas.’’ The NNSR 

program is established in Part D of title 

I of the CAA and applies in areas that 

are not in attainment of the NAAQS— 

‘‘nonattainment areas.’’ The minor NSR 

program addresses construction or 

modification activities that do not 

qualify as ‘‘major’’ and applies 

regardless of the designation of the area 

in which a source is located. Together, 

these programs are referred to as NSR 

programs. EPA regulations governing 

the implementation of these programs 

are contained in 40 Code of Federal 

Regulations (CFR) parts 51.165, 51.166, 

52.21, 52.24, and part 51, Appendix S. 

Section 109 of the CAA requires EPA 

to promulgate a primary NAAQS to 

protect public health and a secondary 

NAAQS to protect public welfare. Once 


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Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 75847 

EPA sets those standards, states must 

develop, adopt, and submit a SIP to EPA 

for approval that includes emission 

limitations and other control measures 

to attain and maintain the NAAQS. See 

CAA section 110. Each SIP is also 

required to include a preconstruction 

review program for the construction and 

modification of any stationary source of 

air pollution to assure the maintenance 

of the NAAQS. The May 28, 2009, SIP 

submittal changes Tennessee’s PSD and 

NNSR programs. 

B. What are the NSR requirements for 

the Phase II Rule? 

Today’s proposed action on the 

Tennessee SIP relates in part to EPA’s 

Phase II Rule. 70 FR 71612 (November 

29, 2005). In the Phase II Rule, EPA 

made a number of changes including: 

recognizing NOX as an ozone precursor 

for PSD purposes; changes to the NNSR 

rules establishing major stationary 

thresholds (marginal, moderate, serious, 

severe, and extreme NAA 

classifications) and significant emission 

rates for the 8-hour ozone, PM10 and 

carbon monoxide NAAQS; revised the 

criteria for crediting emission 

reductions credits from operation 

shutdowns and curtailments as offsets, 

and changes to offset ratios for marginal, 

moderate, serious, severe, and extreme 

ozone NAA. EPA finalized regulations 

to address permit requirements for the 

1997 8-hour ozone NAAQS to 

implement the NSR program by 

specifically identifying NOX as an ozone 

precursor. 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million—also referred to as the 

1997 8-hour ozone NAAQS. On April 

30, 2004, EPA designated areas as 

attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone 

NAAQS. As part of the framework to 

implement the 1997 8-hour ozone 

NAAQS, EPA promulgated an 

implementation rule in two phases. 

Phase I of EPA’s 1997 8-hour ozone 

implementation rule (Phase I Rule), 

published on April 30, 2004, effective 

on June 15, 2004, provided the 

implementation requirements for 

designating areas under subpart 1 and 

subpart 2 of the CAA (69 FR 23951). 

On November 29, 2005, EPA 

promulgated the second phase for 

implementation provisions related to 

the 1997 8-hour ozone NAAQS—also 

known as the Phase II Rule (70 FR 

71612). The Phase II Rule addressed 

control and planning requirements as 

they applied to areas designated 

nonattainment for the 1997 8-hour 

ozone NAAQS such as reasonably 

available control technology, reasonably 

available control measures, reasonable 

further progress, modeling and 

attainment demonstrations and NSR, 

and the impact to reformulated gas for 

the 1997 8-hour ozone NAAQS 

transition. The Phase II Rule 

requirements include, among other 

changes, a provision stating that NOX is 

an ozone precursor. 70 FR 71612, 71679. 

In the Phase II Rule, EPA stated as 

follows: 

‘‘The EPA has recognized NOX as an ozone 

precursor in several national rules because of 

its contribution to ozone transport and the 

ozone nonattainment problem. The EPA’s 

recognition of NOX as an ozone precursor is 

supported by scientific studies, which have 

long recognized the role of NOX in ozone 

formation and transport. Such formation and 

transport is not limited to nonattainment 

areas. Therefore, we believe NOX should be 

treated consistently as an ozone precursor in 

both our PSD and nonattainment NSR 

regulations. For these reasons, we have 

promulgated final regulations providing that 

NOX is an ozone precursor in attainment 

areas.’’ 

As was discussed earlier, the Phase II 

Rule made changes to Federal 

regulations at 40 CFR 51.165 and 51.166 

(which governs the NNSR and PSD 

permitting programs respectively). 

Pursuant to these requirements, states 

were required to submit SIP revisions 

adopting the relevant Federal 

requirements of the Phase II Rule (at 40 

CFR 51.165 and 51.166) into their SIP 

no later than June 15, 2007. On May 28, 

2009, Tennessee submitted a SIP 

revision (the subject of this action) to 

adopt the relevant provisions at 40 CFR 

51.165 and 51.166 into the Tennessee 

SIP to be consistent with Federal 

regulations for NSR permitting purposes 

promulgated in the Phase II Rule. 

III. What is EPA’s analysis of 

Tennessee’s SIP revision? 

Tennessee currently has a SIPapproved NSR program for new and 

modified stationary sources. TDEC’s 

PSD preconstruction rules are found in 

Rule 1200–3–9–.01(4) and apply to 

major stationary sources or 

modifications constructed in areas 

designated attainment as required under 

part C of title I of the CAA with respect 

to the NAAQS. TDEC’s Rule 1200–3–9– 

.01(5) includes permitting requirements 

for sources in and impacting 

nonattainment areas. Today, EPA is 

proposing to approve changes to 

Tennessee’s rules at 1200–3–9–.01(4) 

and at 1200–3–9–.01(5) to update the 

State’s existing NSR program to be 

consistent with Federal NSR 

regulations, amended in the Phase II 

Rule (at 40 CFR 51.165 and 51.166). 

Lastly, EPA is proposing to approve 

Tennessee’s clarifying changes and 

corrections to its rules at 1200–3–9–.01, 

1200–3–9–.02 and 1200–3–9–.03. More 

detail is provided below regarding 

EPA’s analysis of the changes to 

Tennessee’s SIP as provided in the May 

28, 2009, SIP revision. 

A. EPA’s Analysis of Tennessee’s NSR 

Rule Revision To Adopt the Phase II 

Rule Requirements 

Tennessee’s May 28, 2009, SIP 

revision included changes to the State’s 

PSD and NNSR programs to address 

EPA’s Phase II Rule. As part of its 

review of the Tennessee submittal, EPA 

performed a line-by-line review of the 

proposed revision including the 

provision which differs from the Federal 

rules, and determined that they are 

consistent with the program 

requirements for NSR, set forth at 40 

CFR 51.165 and 51.166. States may meet 

the requirements of 40 CFR part 51 and 

the Phase II Rules with alternative but 

equivalent regulations. Tennessee 

adopted the Federal PSD and NNSR 

rules amended in the Phase II Rules 

with minor NNSR variations. 

Specifically, with regards to the 

permit requirements for NNSR NOX as 

an ozone precursor, Tennessee’s SIP 

revision did not specifically include the 

NNSR provisions at 40 CFR 

51.165(a)(1)(v)(E) and 51.165(a)(1)(x)(C). 

See Phase II Rule at 70 FR 71612 

(November 29, 2005). The Federal 

regulations at 40 CFR 51.165(a)(1)(v)(E) 

and (a)(1)(x)(C) relate to applying the 

same volatile organic compound (VOC) 

emission requirements for significant 

net emissions and emission rates 

(respectively) to NOX emissions of major 

stationary sources and major 

modifications. However, Tennessee’s 

NSR program has equivalent provisions 

that address both of the aforementioned 

Phase II Rule requirements. Tennessee’s 

existing SIP includes the definition of 

‘‘ozone precursor’’ at 1200–03–09– 

.01(5)(b)1(xxxiii). Ozone precursor is 

defined in Tennessee’s SIP as VOC and/ 

or NOX. Also, Tennessee’s SIP defines 

‘‘regulated NSR pollutant’’ as ‘‘VOC 

and/or nitrogen oxides compound 

(1200–03–09–.01(5)(b)(1)(xlix).’’ 

Tennessee’s definition for ‘‘major 

modification’’ (at 1200–03–09– 

.01(5)(b)1(v)) states that ‘‘any significant 

emissions increase from any emissions 

units or emission increase at a major 

stationary source that is significant for 

volatile organic compounds and/or 

nitrogen oxides shall be considered 

significant for ozone.’’ 

In addition, Tennessee’s May 28, 

2009, SIP revision does not explicitly 

include the Phase II Rule provision at 

51.165(a)(1)(iv)(A)(2) which addresses 

the applicability of NOX as an ozone 


srobinson on DSK4SPTVN1PROD with PROPOSALS
75848 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 

4At the time of the May 28, 2009, SIP revision, 

Tennessee’s highest ozone nonattainment 

classification was moderate. 

precursor to major stationary source 

emission thresholds in nonattainment 

areas (based on classifications).4

However, EPA believes that Tennessee’s 

SIP already covers the requirement of 

51.165(a)(1)(iv)(A)(2) because: (1) The 

definition of a ‘‘major stationary source’’ 

(1200–03–09–.01(5)(b)(1)(iv)) in the 

Tennessee SIP addresses major 

stationary source thresholds for NOX for 

moderate nonattainment areas (which 

was the highest nonattainment 

classification in the State), and (2) 

Tennessee’s SIP recognizes NOX as a 

regulated NSR pollutant. 

EPA has preliminarily determined 

that the rules adopted by Tennessee in 

the May 28, 2009, SIP revision are at 

least as stringent as the Federal 

program. Therefore, EPA has 

preliminarily determined that 

Tennessee’s May 28, 2009, SIP revision 

is consistent with the NSR permit 

program requirements set forth at 40 

CFR 51.165 and 51.166. 

B. EPA’s Analysis of Tennessee’s 

Inclusion of Certain Clean Coal 

Technology Changes 

In addition to adopting the Federal 

rules consistent with the Phase II Rule, 

Tennessee’s SIP revision also includes 

changes that were promulgated by EPA 

in a portion of the 1992 WEPCO Rule 

(Wisconsin Electric Power Co. v. Reilly, 

893 F.2d 901 (7th Cir. 1990)) on July 21, 

1992 (57 FR 32314). The portion of the 

WEPCO Rule relevant to today’s 

proposal, regards the establishment of 

CCT and re-powering projects and the 

applicability of NSR requirements to 

such projects. As part of the WEPCO 

Rule, EPA established definitions for 

CCT, CCT demonstration project, 

temporary CCT demonstration project, 

and re-powering. In addition, the rule 

exempted CCT demonstration projects 

(that constitute re-powering) from PSD 

requirements (major modification) as 

long as the projects do not cause an 

increase in potential to emit of a 

regulated NSR pollutant emitted by the 

unit. 

Tennessee’s May 28, 2009, SIP 

submittal revised Tennessee’s NSR 

regulations at 1200–03–09–.01 to adopt 

the CCT and repowering definitions 

promulgated as part of the WEPCO Rule 

and now found at 40 CFR 

51.165(a)(1)(xxii)–(xxiv) and 

51.166(b)(33)–(36) as well as modify the 

definition of ‘‘major modification’’ to 

exempt ‘‘clean coal technology 

demonstration projects’’ (consistent 

with 51.165(a)(1)(v)(C)(9) and 

51.166(b)(2)(iii)((i)–(j). EPA has 

preliminarily determined that the rule 

changes made by Tennessee are 

consistent with the current Federal 

regulations at 40 CFR 51.165 and 

51.166. 

C. EPA’s Analysis of Tennessee’s 

Clarifying Changes and Corrections 

In addition to the adoption of specific 

Federal regulations mentioned above, 

TDEC is also making clarifying changes 

and corrections to its SIP for portions of 

Rules 1200–3–9–.01, 1200–3–9–.02 and 

1200–03–09–.03. As a result of the 

removal of all references to the ‘‘clean 

units’’ language (due to the vacatur), 

Tennessee, were appropriate, replaced 

the terms ‘‘clean units’’ or ‘‘clean’’ with 

the terms ‘‘new emission units’’ or 

‘‘new’’ at Rule 1200–3–9–.01 consistent 

with the hybrid test applicability 

provision amended in the 2002 NSR 

Reform Rule. 67 FR 8018 at 80260). In 

addition, Tennessee is correcting a 

typographical error for the definition of 

‘‘major stationary source’’ at Rule 1200– 

3–0–.01(5)(b)(i)1(iv)(II) by removing the 

‘‘s’’ from the word ‘‘items’’ between the 

word ‘‘under and before numerical 

(‘‘iv).’’ For rule 1200–3–9–.02— 

‘‘Operating Permits,’’ Tennessee is 

revising paragraph (1) to clarify the 

timeframe and conditions for an air 

contaminant source (constructed or 

modified in accordance with Rule 1200– 

3–9–.01) to apply for an operating 

permit. Additionally, Tennessee is also 

correcting a typographical error at 

Paragraph 1 of Rule 1200–3–9–.03(1) 

which describes the authority of the 

State to requests an early timeframe for 

sources to comply with emission 

regulations stipulated in the Tennessee 

SIP. This correction at 1200–03–09–.03 

replaces the word ‘‘data’’ with ‘‘date.’’ 

IV. Proposed Action 

EPA is proposing to approve 

Tennessee’s May 28, 2009, SIP revision 

adopting Federal regulations amended 

in the Phase II Rule (including 

recognition of NOX as an ozone 

precursor) into the Tennessee SIP. 

Additionally, EPA is proposing to 

approve Tennessee’s changes to its PSD 

and NNSR permitting regulations 

regarding the addition of CCT 

requirements (established in a portion of 

EPA’s WEPCO Rule) at 1200–03–09.01; 

and the clarifying changes and 

correction to Tennessee’s NSR rule. EPA 

has made the preliminary determination 

that this SIP revision is approvable 

because it is in accordance with the 

CAA and EPA regulations regarding 

NSR permitting. 

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 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 proposed 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. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 75849 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Nitrogen oxides, 

Recordkeeping and reporting, Volatile 

organic compounds. 

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

Dated: November 22, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–31189 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0351–201122; FRL– 

9498–9] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

submission, submitted by the State of 

Georgia, through the Georgia 

Department of Natural Resources, 

Environmental Protection Division 

(EPD), to demonstrate that the State 

meets the requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or Act) for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by the EPA, which 

is commonly referred to as an 

‘‘infrastructure’’ SIP. EPD certified that 

the Georgia SIP contains provisions that 

ensure the 1997 8-hour ozone NAAQS 

are implemented, enforced, and 

maintained in Georgia (hereafter 

referred to as ‘‘infrastructure 

submission’’). Georgia’s infrastructure 

submission, provided to EPA on 

December 13, 2007, and clarified in a 

subsequent submission submitted on 

September 9, 2008, addresses all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before January 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0351, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0351,’’ 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0351. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit through http://www.

regulations.gov or email, information 

that you consider to be CBI or otherwise 

protected. The http://www.regulations.

gov Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through http://www.regulations.

gov, your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

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: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

Table of Contents 

I. Background 

II. What elements are required under sections 

110(a)(1) and (2)? 

III. Scope of Infrastructure SIPs 

IV. What is EPA’s analysis of how georgia 

addressed the elements of sections 

110(a)(1) and (2) ‘‘infrastructure’’ 

provisions? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm. 

See 62 FR 38856. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the requirements 

of section 110(a)(2) within three years 

after promulgation of a new or revised 

NAAQS. Sections 110(a)(2) require 

states to address basic SIP requirements, 

including emissions inventories, 

monitoring, and modeling to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 


srobinson on DSK4SPTVN1PROD with PROPOSALS