[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Proposed Rules]
[Pages 12525-12526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4890]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0696-201202(b); FRL-9636-7]


Approval and Promulgation of Implementation Plans; Tennessee: 
Prevention of Significant Deterioration; Greenhouse Gases--Automatic 
Rescission Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State Implementation Plan 
(SIP) revision submitted by the State of Tennessee, through the 
Tennessee Department of Environmental Conservation (TDEC), Air 
Pollution Control Division, to EPA on January 11, 2012, for the purpose 
of amending the State's New Source Review (NSR) Prevention of 
Significant Deterioration (PSD) regulations as they relate to 
greenhouse gases (GHGs). Specifically, Tennessee amended its PSD 
regulations to add automatic rescission provisions. These provisions 
provide that in the event that the U.S. Court of Appeals for the DC 
Circuit or the U.S. Supreme Court issues an order which would render 
GHGs not subject to regulation under the Clean Air Act's (CAA) PSD 
permitting program, then GHGs shall not be subject to regulation under 
Tennessee's PSD regulations as of the effective date of EPA's Federal 
Register notice of vacatur. Further, the provisions provide that in the 
event that there is a change to Federal law that supersedes regulation 
of GHGs under the CAA's PSD permitting program, then GHGs shall not be 
subject to regulation under Tennessee's PSD regulations as of the 
effective date of the change in federal law. EPA took action to approve 
the GHG Tailoring Rule PSD provisions into the Tennessee SIP in a 
separate rulemaking. EPA is proposing to approve Tennessee's January 
11, 2012, SIP revision because the Agency has made the determination 
that this SIP revision is not contrary to section 110 and part C of the 
Federal Clean Air Act or EPA regulations regarding PSD permitting for 
GHGs. In the Final Rules Section of this Federal Register, EPA is 
approving the State's implementation plan revision as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments.

DATES: Written comments must be received on or before April 2, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0696, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#8fedeae1e5eee2e6e1a1e3f6e1e0fdeeeacfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="7210171c18131f1b1c5c1e0b1c1d001317321702135c151d04">[email protected]</span></a>.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-0696,'' 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, 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.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: 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. The telephone number 
is (404) 562-9352. Ms. Bradley can be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#593b2b383d353c20772d2e2c3733383538193c2938773e362f"><span class="__cf_email__" data-cfemail="345646555058514d1a4043415a5e555855745144551a535b42">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the Rules Section of this Federal 
Register. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period on 
this document. Any parties interested in commenting on this document 
should do so at this time.


[[Page 12526]]


    Dated: February 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-4890 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P


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