45958 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

• 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 F43255, 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 final 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 Commonwealth, 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 October 1, 2012. 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. 

Dated: July 20, 2012. 

A. Stanley Meiburg, 

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 S—Kentucky 

■ 2. Section 52.920(e) is amended by 

adding a new entry for ‘‘Louisville; 1997 

Annual Fine Particulate Matter 2002 

Base Year Emissions Inventory’’ to the 

end of the table to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective date EPA approval date Explanations 

*******

Louisville; 1997 Annual Fine 

Particulate Matter 2002 

Base Year Emissions Inventory.

Bullitt and Jefferson Counties.12/03/2008 8/2/12 [Insert citation of publication]..

[FR Doc. 2012–18784 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0285; FRL–9705–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee 

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

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and conditionally 

approve in part, the State 

Implementation Plan (SIP) submission, 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

as demonstrating that the State meets 

the SIP requirements of sections 

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

(CAA or the Act) for the 1997 annual 

and 2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS). Section 110(a) of 


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1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) but does 

provide detail on how Tennessee’s SIP addresses 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

and 2006 PM2.5 NAAQS. Interstate transport 

requirements were formerly addressed by 

Continued 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Tennessee certified 

that the Tennessee SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2 NAAQS are 

implemented, enforced, and maintained 

in Tennessee (hereafter referred to as 

‘‘infrastructure submission’’). With the 

exception of element 110(a)(2)(E)(ii), 

which pertains to the requirements of 

section 128(a)(1) of the CAA, 

Tennessee’s infrastructure submissions, 

provided to EPA on December 14, 2007, 

and October 19, 2009, addresses all the 

required infrastructure elements for the 

1997 annual and 2006 24-hour PM2

NAAQS. 

DATES: Effective Date: This rule will be 

effective September 4, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0285. 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 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, 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) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 36852), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On June 11, 2012, EPA 

proposed to approve Tennessee’s 

December 14, 2007, and October 19, 

2009, infrastructure submissions for the 

1997 annual and 2006 24-hour PM2.5

NAAQS addressing elements 

110(a)(2)(A)–(H), (J)–(M), except for 

section 110(a)(2)(C) nonattainment area 

requirements, 110(a)(2)(E)(ii)—board 

requirements; and section 110(a)(2)(D)(i) 

interstate transport requirements. See 

EPA’s June 11, 2012, proposed 

rulemaking at 77 FR 34306 for more 

detail. On March 28, 2012, Tennessee 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to 128(a)(1) to address 

current deficiencies in the Tennessee 

SIP. As a result of Tennessee’s March 

28, 2012, commitment letter, EPA 

signed a final rule on June 25, 2012, 

determining that the conditional 

approval is appropriate because the 

State has explicitly committed to 

address current deficiencies in the 

Tennessee SIP related to element 

110(a)(2)(E)(ii) for the 1997 8-hour 

ozone NAAQS consistent with the 

requirements of CAA section 110(k)(4). 

Tennessee’s March 28, 2012, 

commitment letter related to section 

128(a)(1) is also applicable to address 

110(a)(2) requirements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

In EPA’s June 11, 2012, proposed 

rulemaking, EPA is also proposed to 

approve in part and conditionally 

approve in part Tennessee’s 1997 

annual and 2006 24-hour PM2.5

infrastructure submissions with regards 

to section 110(a)(2)(E)(ii) based on the 

State’s March 28, 2012, commitment 

letter. See 77 FR 34306. A summary of 

the background for today’s final action 

is provided below. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. The data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affects the 

content of the submission. The contents 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8– 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3


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Tennessee consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the DC Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this 

remand, EPA took final action to approve 

Tennessee’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 46388 (August 20, 

2007). In so doing, Tennessee’s CAIR SIP revision 

addressed the interstate transport provisions in 

Section 110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS. 

Concerning the 2006 PM2.5 NAAQS, EPA has 

finalized a new rule to address the interstate 

transport of NOX and SOX in the eastern United 

States. See 76 FR 48208 (August 8, 2011) (‘‘the 

Transport Rule’’). On July 20, 2011 (76 FR 43180), 

EPA made a finding that Tennessee failed to submit 

a SIP that addresses the requirements of section 

110(a)(2)(D)(i)(I) of the CAA for the revised 2006 24- 

hour PM2.5 NAAQS. This finding created a 2-year 

deadline for the promulgation of a Federal 

Implementation Plan (FIP) by EPA for Tennessee 

unless the State submits a SIP to satisfy these 

section 110(a)(2)(D)(i)(I) requirements, and EPA 

approves such submission prior to promulgation of 

a FIP. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

As mentioned above, with respect to 

element 110(a)(2)(E)(ii), on June 11, 

2012, EPA proposed to approve 

Tennessee’s December 14, 2007, and 

October 19, 2009, infrastructure 

submissions and proposed to approve in 

part, and conditionally approve in part, 

infrastructure element 110(a)(2)(E)(ii) 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. See 77 FR 34306. EPA 

proposed conditional approval in part 

for element 110(a)(2)(E)(ii) because the 

State’s implementation plan does not 

contain provisions to address the 

requirements of CAA section 128(a)(1), 

that requires that each SIP shall contain 

requirements that any board or body 

which approves permits or enforcement 

orders be subject to the described public 

interest and income restrictions. EPA 

proposed approval in part, of this 

element because the State’s 

implementation plan contains 

provisions to address the requirements 

of CAA section 128(a)(2), that requires 

that any board or body, or the head of 

an executive agency with similar power 

to approve permits or enforcement 

orders under the CAA, shall also be 

subject to conflict of interest disclosure 

requirements. See 77 FR 34306. 

In this action, EPA is taking two 

actions regarding the section 

110(a)(2)(E)(ii) requirements. First, EPA 

is finalizing its conditional approval for 

part of Tennessee’s infrastructure SIP 

for element 110(a)(2)(E)(ii) with respect 

to the applicable section 128(a)(1) 

requirements for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. Second, 

EPA is approving the remaining 

infrastructure submissions as 

demonstrating that the State meets the 

applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. 

On March 28, 2012, Tennessee 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to 128(a)(1) to address 

current deficiencies in the Tennessee 

SIP. This letter of commitment meets 

the requirements of section 110(k)(4) of 

the CAA. As a result of Tennessee’s 

March 28, 2012, commitment letter, 

EPA signed a final rule on June 25, 

2012, determining that the conditional 

approval is appropriate because the 

State has explicitly committed to 

address current deficiencies in the 

Tennessee SIP related to element 

110(a)(2)(E)(ii) for the 1997 8-hour 

ozone NAAQS consistent with the 

requirements of CAA section 110(k)(4). 

Tennessee’s March 28, 2012, letter can 

be accessed at www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2011–0353. 

As mentioned above, EPA 

conditionally approved the Tennessee’s 

infrastructure SIP for the 1997 8-hour 

ozone NAAQS with respect to the CAA 

requirement of element 110(a)(2)(E)(ii). 

EPA anticipates that Tennessee’s action 

with respect to that conditional 

approval will satisfy today’s 

110(a)(2)(E)(ii) conditional approval for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. Tennessee must submit to EPA 

(within one year from the date of 

publication for the final rule that EPA 

signed on June 25, 2012, for the 1997 8- 

hour ozone NAAQS), a SIP revision 

adopting specific enforceable measures 

related to CAA section 128(a)(1) as 

described in the State’s letter of 

commitment described above. If the 

State fails to actually submit this 

revision within one year from the date 

of publication for the final rule that EPA 

signed on June 25, 2012, today’s 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

EPA is not required to propose the 

finding of disapproval. If the 

conditional approval is converted to a 

disapproval, the final disapproval 

triggers the Federal Implementation 

Plan requirement under section 110(c). 

However, if the State meets its 

commitment within the applicable 

timeframe, the conditionally approved 

submission will remain a part of the SIP 

until EPA takes final action approving 

or disapproving the new submittal. A 

summary of the background for today’s 

final action is provided below. See 

EPA’s June 11, 2012, proposed 

rulemaking at 77 FR 34306 for more 

detail. 

II. This Action 

EPA is taking final action to approve 

Tennessee’s infrastructure submissions 

as demonstrating that the State meets 

the applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

1997 annual and 2006 24-hour PM2.5

NAAQS, with the exception of section 

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

that the Tennessee SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in Tennessee. 

On July 16, 2012, EPA signed a final 

rulemaking action approving revisions 

to Tennessee’s New Source Review 

(NSR) requirements relating to PM2.5. 

EPA is not taking action today on 

Tennessee’s NSR program, as these 

requirements are already approved in 

Tennessee’s SIP. Additionally, EPA 

received no adverse comments on its 

June 11, 2012, proposed approval of 

Tennessee’s December 14, 2007, and 

October 19, 2009, infrastructure 

submissions, which is being finalized 

today. 

Tennessee’s infrastructure 

submissions, provided to EPA on 

December 14, 2007, and October 19, 

2009, address all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS, 

with the exception of CAA section 

110(a)(2)(E)(ii), pertaining to section 

128(a)(1) requirements. EPA has 

determined that Tennessee’s December 

14, 2007, and October 19, 2009, 

submissions are consistent with section 

110 of the CAA, and thus is approving 

Tennessee’s infrastructure submissions, 

with the exception of CAA section 


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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45961 

110(a)(2)(E)(ii), pertaining to section 

128(a)(1) requirements. With respect to 

CAA section 110(a)(2)(E)(ii), pertaining 

to section 128(a)(1) requirements, EPA 

is conditionally approving Tennessee’s 

1997 annual and 2006 24-hour PM2.5

infrastructure submissions. 

III. Final Action 

As already described, TDEC has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that 1997 annual and 

2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in Tennessee. EPA is taking final action 

to approve in part, and conditionally 

approve in part, Tennessee’s December 

14, 2007, and October 19, 2009, 

submissions for 1997 annual and 2006 

24-hour PM2.5 NAAQS because these 

submissions are consistent with section 

110 of the CAA. 

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, 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 October 1, 2012. 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, Volatile organic 

compounds. 

Dated: July 16, 2012. 

A. Stanley Meiburg, 

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. 

■ 2. Amend § 52.2219 by designating 

the existing undesignated paragraph as 

paragraph (a), and adding paragraph (b) 

to read as follows: 

§ 52.2219 Conditional approval. 

(a) * * * 

(b) Conditional Approval—Submittals 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated December 

14, 2007, and October 19, 2009, to 

address the Clean Air Act (CAA) 

infrastructure requirements for the 1997 

annual and 2006 24-hour PM2.5 National 

Ambient Air Quality Standards. With 

respect to CAA section 110(a)(2)(E)(ii), 

specifically related to the adoption of 

enforceable measures contained in CAA 

section 128(a)(1), EPA conditionally 

approved TDEC’s March 28, 2012, 

commitment on June 25, 2012. 

Tennessee must submit to EPA by July 

23, 2013, SIP revisions adopting specific 

enforceable measures related to CAA 

sections 128(a)(1) as described in the 

State’s letter of commitment. 

■ 3. Section 52.2220(e) is amended by 

adding two new entries for ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 Fine Particulate Matter 

National Ambient Air Quality 

Standards’’ and ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards’’ at the 

end of the table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 


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45962 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area 

State submittal date/ 

effective date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter 

National Ambient Air Quality Standards.

Tennessee .............. 12/14/2007 .............. 8/2/2012 [Insert citation of publication].

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter 

National Ambient Air Quality Standards.

Tennessee .............. 10/19/2009 .............. 8/2/2012 [Insert citation of publication].

[FR Doc. 2012–18797 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0194; FRL–9709–5] 

Approval and Promulgation of State 

Implementation Plans: Idaho; BoiseNorthern Ada County Air Quality 

Maintenance Area Second 10-Year 

Carbon Monoxide Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the State of Idaho (the 

State). The Idaho State Department of 

Environmental Quality (IDEQ) 

submitted the Northern Ada County Air 

Quality Maintenance Area Second 10- 

year Carbon Monoxide Maintenance 

Plan on February 10, 2011. In 

accordance with the requirements of the 

Federal Clean Air Act (the Act), EPA is 

approving the revision because the State 

adequately demonstrates that the BoiseNorthern Ada County Air Quality 

Maintenance Area will maintain air 

quality standards for carbon monoxide 

(CO) through the year 2022. 

DATES: This rule is effective on October 

1, 2012, without further notice, unless 

EPA receives adverse comment by 

September 4, 2012. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0194, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: chi.john@epa.gov. 

• Mail: John Chi, U.S. EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: U.S. EPA 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. Attention: John 

Chi, Office of Air, Waste and Toxics, 

AWT—107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0194. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The 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 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, U.S. 

EPA Region 10, 1200 Sixth Avenue, 

Seattle, WA 98101. 

FOR FURTHER INFORMATION CONTACT: John 

Chi at telephone number: (206) 553– 

1230, email address: chi.john@epa.gov, 

fax number: (206) 553–0110, or Claudia 

Vergnani Vaupel at telephone number: 

(206) 553–6121, email address: 

vaupel.claudia@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Information is organized as 

follows: 

Table of Contents 

I. What is the purpose of this action? 

II. What is the background for this action? 

III. How have the public and stakeholders 

been involved in this rulemaking 

process? 

IV. Evaluation of Idaho’s Submittal 

V. Transportation and General Conformity 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What is the purpose of this action? 

EPA is taking direct final action to 

approve the second 10-year CO 

maintenance plan for the Northern Ada 

County, Idaho Air Quality Maintenance 

Area. The Northern Ada County Area 

attained the CO national ambient air 

quality standards (NAAQS) in 2002 and 

has not violated the standard since 

1986. The second 10-year CO 

maintenance plan submitted by the 

State is designed to keep the Northern 


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