36440 Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations 

disposition of the proceeding, the 

participants may be directed to file more 

than one brief and at different times 

rather than a single brief at the same 

time. The presiding officer or the 

Commission may also order the filing of 

briefs during the course of the 

proceeding. 

(b) * * * 

(3) A clear, concise and definitive 

statement of the position of the filing 

participant as to the proposals of the 

Postal Service and the advisory opinion 

or decision to be issued; 

* * * * * 

■ 23. Revise § 3001.36 to read as 

follows: 

§ 3001.36 Oral argument before the 

presiding officer. 

In any case in which the presiding 

officer is to issue an intermediate 

decision, such officer may permit the 

presentation of oral argument when, in 

his/her opinion, time permits, and the 

nature of the proceedings, the 

complexity or importance of the issues 

of fact or law involved, and the public 

interest warrants hearing such 

argument. The presiding officer shall 

determine the time and place for oral 

argument, and may specify the issue or 

issues on which oral argument is to be 

presented, the order in which the 

presentations shall be made, and the 

amount of time allowed each 

participant. A request for oral argument 

before the issuance of an intermediate 

decision shall be made during the 

course of the hearing on the record. 

■ 24. In § 3001.39, revise paragraph (c) 

to read as follows: 

§ 3001.39 Intermediate decisions. 

* * * * * 

(c) Contents. All intermediate 

decisions shall include findings and 

conclusions, and the reasons or basis 

therefor, on all the material issues of 

fact, law, or discretion presented on the 

record, and the appropriate intermediate 

decision pursuant to the Act. An 

intermediate decision in a proceeding 

under section 3661 of the Act shall 

include a determination of the question 

of whether or not the proposed change 

in the nature of postal service conforms 

to the policies established under the 

Act. 

* * * * * 

§ 3001.40 [Amended] 

■ 25. Amend § 3001.40 by removing the 

authority citation. 

§ 3001.41 [Amended] 

■ 26. Amend § 3001.41 by removing the 

authority citation. 

■ 27. In § 3001.43, revise paragraphs 

(a)(1), (c)(10), (e)(4)(i), (g)(1)(iii), and 

(g)(2)(iii) to read as follows: 

§ 3001.43 Public attendance at 

Commission meetings. 

(a) Open Commission meetings. (1) 

Commissioners shall not jointly conduct 

or dispose of agency business other than 

in accordance with this section. Except 

as provided in paragraph (c) of this 

section, every portion of every meeting 

of the Commission shall be open to 

public observation. 

* * * * * 

(c) * * * 

(10) Specifically concern the 

Commission’s issuance of a subpoena or 

the Commission’s participation in a 

civil action or appellate proceeding, an 

action in a foreign court or international 

tribunal, or an arbitration, or the 

initiation, conduct or disposition by the 

Commission of a particular case of 

formal Commission adjudication 

pursuant to the procedures in section 

554 of title 5 or otherwise involving a 

determination on the record after 

opportunity for a hearing. 

* * * * * 

(e) * * * 

(4) * * * 

(i) Publicly posting a copy of the 

document in the reception area of the 

Postal Regulatory Commission located 

at 901 New York Avenue NW., Suite 

200, Washington, DC 20268–0001; 

* * * * * 

(g) * * * 

(1) * * * 

(iii) Ten copies of such requests must 

be received by the Office of Secretary 

and Administration no later than three 

working days after the issuance of the 

notice of meeting to which the request 

pertains. Requests received after that 

time will be returned to the requester 

with a statement that the request was 

untimely received and that copies of 

any nonexempt portions of the 

transcript or minutes for the meeting in 

question will ordinarily be available in 

the Office of Secretary and 

Administration 10 working days after 

the meeting. 

(2) * * * 

(iii) Ten copies of such requests 

should be filed with the Office of 

Secretary and Administration as soon as 

possible after the issuance of the notice 

of meeting to which the request 

pertains. However, a single copy of the 

request will be accepted. Requests to 

close meetings must be received by the 

Office of Secretary and Administration 

no later than the time scheduled for the 

meeting to which such a request 

pertains. 

* * * * * 

Subpart D—Rules Applicable to 

Requests for Changes in the Nature of 

Postal Services 

■ 28. Revise § 3001.72 to read as 

follows: 

§ 3001.72 Filing of formal requests. 

Whenever the Postal Service 

determines to request that the 

Commission issue an advisory opinion 

on a proposed change in the nature of 

postal services subject to this subpart, 

the Postal Service shall file with the 

Commission a formal request for such 

an opinion in accordance with the 

requirements of §§ 3001.9 to 3001.11 

and 3001.74. Such request shall be filed 

not less than 90 days in advance of the 

date on which the Postal Service 

proposes to make effective the change in 

the nature of postal services involved. 

Within 5 days after the Postal Service 

has filed a formal request for an 

advisory opinion in accordance with 

this subsection, the Secretary shall 

lodge a notice thereof with the Director 

of the Federal Register for publication in 

the Federal Register. 

§ 3001.75 [Removed] 

■ 29. Remove § 3001.75. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2013–14221 Filed 6–17–13; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0582; FRL– 9820–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

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

Requirements for the 2008 Lead 

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, portions of the State 

Implementation Plan (SIP) submission, 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

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 2008 Lead national ambient air 

quality standards (NAAQS). Section 

110(a) of the CAA requires that each 


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Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations 36441 

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 1 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. Accordingly, today’s 

final rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or the 

nonattainment planning requirements of 

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 8- 

hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by 

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 8-hour ozone 

NAAQS. In response to the remand of CAIR, EPA 

has promulgated a new rule to address interstate 

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

Transport Rule’’). That rule was recently stayed by 

the DC Circuit Court of Appeals. EPA’s action on 

element 110(a)(2)(D)(i) will be addressed in a 

separate action. 

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 proposed rulemaking. 

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. TDEC certified in 

its submission ((hereafter referred to as 

‘‘infrastructure submission) that the 

Tennessee SIP contains provisions that 

ensure the 2008 Lead NAAQS are 

implemented, enforced, and maintained 

in Tennessee. With the exception of the 

portion of section 110(a)(2)(E)(ii) 

respecting the requirements of section 

128(a)(1) of the CAA, EPA has made the 

determination that the applicable 

portions of the TDEC’s October 19, 

2009, infrastructure submission which 

are being approved in this final 

rulemaking meet the infrastructure 

requirements for the 2008 Lead NAAQS. 

In this rulemaking, EPA is also taking 

final action to conditionally approve the 

portion of Tennessee’s section 

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

submission that address section 

128(a)(1) requirements. Finally, EPA 

notes that it is not currently taking final 

action on the portions of Tennessee’s 

infrastructure submission addressing 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

and 110(a)(2)(J) as they relate to 

prevention of significant deterioration 

(PSD) requirements. EPA intends to take 

final action on those portions of 

Tennessee’s infrastructure submission 

(the portions of sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), and 110(a)(2)(J) 

related to PSD requirements) in a 

separate rulemaking. 

DATES: Effective Date: This rule will be 

effective July 18, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0582. 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: Zuri 

Farngalo, 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) 562–9152. 

Mr. Farngalo can be reached via 

electronic mail at 

farngalo.zuri@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. 

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. In 

particular, 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 2008 Lead NAAQS, states 

typically have met the basic program 

elements required in section 110(a)(2) 

through earlier SIP submissions in 

connection with previous 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 14, 

2011, memorandum entitled’’ Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements Required Under 

Sections 110(a)(1) and 110(a)(2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS).’’ 

• 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

• 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. 


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5EPA is finalizing approval of section 

110(a)(2)(E)(ii) as it relates to section 128(a)(2) 

requirements and finalizing approval of section 

110(a)(2)(E)(i) and (iii). 

6Section 128(a)(1) requires that the SIP include 

requirements that any board or body which 

approves permits or enforcement orders under the 

CAA shall have at least a majority of members who 

represent the public interest and do not derive any 

significant portion of their from persons subject to 

permits or enforcement orders under the CAA. 

7EPA is finalizing approval of section 

110(a)(2)(E)(ii) as it relates to section 128(a)(2) 

requirements and finalizing approval of section 

110(a)(2)(E)(i) and (iii). 

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

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

On October 5, 1978, EPA promulgated 

primary and secondary NAAQS for Lead 

under section 109 of the Act. See 43 FR 

46246. Both primary and secondary 

standards were set at a level of 1.5 

micrograms per cubic meter (mg/m3), 

measured as Lead in total suspended 

particulate matter (Pb-TSP), not to be 

exceeded by the maximum arithmetic 

mean concentration averaged over a 

calendar quarter. On November 12, 2008 

(75 FR 81126), EPA issued a final rule 

to revise the primary and secondary 

Lead NAAQS. The revised primary and 

secondary Lead NAAQS were revised to 

0.15 mg/m3. By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) are to be submitted by states within 

three years after promulgation of a new 

or revised NAAQS. Sections 110(a)(1) 

and (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 such SIPs to EPA no later than 

October 15, 2011, for the 2008 Lead 

NAAQS. Tennessee provided its 

infrastructure submission for the 2008 

Lead NAAQS on October 19, 2009. 

On March 28, 2012, Tennessee 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to CAA section 

128(a)(1) to address the current 

deficiencies in the Tennessee SIP 

related to CAA section 110(a)(2)(E)(ii). 

On March 20, 2013, EPA proposed to 

approve the majority of Tennessee’s 

October 19, 2009, infrastructure 

submission for the 2008 Lead NAAQS, 

and proposed in the alternative to 

conditionally approve the portion of the 

infrastructure submission related to the 

PSD requirements of sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II), and 

110(a)(2)(J), and the section 128(a)(1) 

requirements of section 110(a)(2)(E)(ii). 

See 78 FR 17168. 

As noted above, EPA’s proposed 

conditional approval of section 

110(a)(2)(E)(ii) as it relates to section 

128(a)(1) requirements, was based upon 

the State’s March 28, 2012 commitment 

letter to address current deficiencies in 

the Tennessee SIP related to these 

requirements. Based upon an earlier 

conditional of approval of these section 

110(a)(2)(E)(ii) requirements as part of 

the infrastructure SIP associated with 

another NAAQS, Tennessee has already 

committed to submitting to EPA the 

necessary revisions to address section 

128(a)(1) requirements by July 23, 2013. 

See 77 FR 42997. Accordingly, the 

proposed conditional approval of 

section 110(a)(2)(E)(ii) as it relates to the 

section 128(a)(1) requirements for the 

2008 Lead infrastructure SIP was 

conditioned upon the State’s 

commitment to submit the SIP 

revision(s) adopting specific enforceable 

measures to address the 128(a)(1) 

requirements by July 23, 2013. 

EPA did not receive any comments, 

adverse or otherwise, on the March 20, 

2013, proposed rulemaking related to 

Tennessee’s 2008 Lead infrastructure 

submission. 

II. This Action 

Today’s rulemaking finalizes approval 

of Tennessee’s infrastructure 

submission except for the portions of 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

and 110(a)(2)(J) pertaining to PSD 

requirements, and the portion of section 

110(a)(2)(E)(ii) related to section 

128(a)(1) requirements. Today’s 

rulemaking also finalizes conditional 

approval of the section 110(a)(2)(E)(ii) 

portion of Tennessee’s infrastructure 

SIP submission related to section 

128(a)(1) requirements.5 EPA is not 

today taking any action with respect to 

the portions of Tennessee’s 

infrastructure submission related to the 

PSD requirements of sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II), and 

110(a)(2)(J). EPA intends to act on these 

remaining portions of Tennessee’s 

infrastructure submission in a separate 

rulemaking. See EPA’s March 20, 2013, 

proposed rulemaking at 78 FR 17168 for 

more detail. 

As noted above, EPA received no 

comments, adverse or otherwise, on its 

March 20, 2013, proposed actions 

related to Tennessee’s October 19, 2009, 

infrastructure submission for the 2008 

Lead NAAQS. For those portions of 

Tennessee’s October 19, 2009, 

infrastructure submission that EPA is 

taking final action on today, EPA has 

determined that the State’s 

infrastructure submission, with the 

exception of section 110(a)(2)(E)(ii) as it 

relates to section 128(a)(1) 

requirements,6 is consistent with 

section 110 of the CAA. 

EPA is today finalizing a conditional 

of section 110(a)(2)(E)(ii) as it relates to 

section 128(a)(1) requirements 7 based 

upon the State’s March 28, 2012, 

commitment letter to adopt specific 

enforceable measures related to CAA 

section 128(a)(1) to address the current 

deficiencies in the Tennessee SIP 

related to CAA section 110(a)(2)(E)(ii) 

by July 23, 2013. As a result of 

Tennessee’s March 28, 2012, 

commitment letter, EPA has determined 

that conditional approval, specifically 

pertaining to the requirements of 

128(a)(1), is appropriate because the 

State has explicitly committed to 

address current deficiencies in the 

Tennessee SIP related to sub-element 

110(a)(2)(E)(ii) consistent with the 

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

If the State fails to submit the SIP 

revision by July 23, 2013, 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. If 

EPA disapproves the new submittal, 

today’s conditionally approved 

submittal will also be disapproved at 

that time. If EPA approves the new 

submittal, Tennessee’s infrastructure 

SIP will be fully approved in its entirety 

and replace the conditionally approved 

element in the SIP. 

III. Final Action 

EPA is taking final action to approve 

Tennessee’s October 19, 2009, 

submission for the 2008 Lead NAAQS, 

with the exception of the State’s 

submission related to the PSD 

requirements of sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), and 110(a)(2)(J), and 

the section 128(a)(1) requirements of 

section 110(a)(2)(E)(ii). For those 

sections that EPA is today finalizing 

approval, EPA has made the 

determination that TDEC has addressed 

the CAA 110(a)(1) and (2) SIP 

requirements pursuant to EPA’s October 

14, 2011, guidance to ensure that the 

2008 Lead NAAQS are implemented, 

enforced, and maintained in Tennessee. 

With respect to Tennessee’s October 19, 

2009, submission for the 2008 Lead 


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NAAQS addressing the section 128(a)(1) 

requirements of section 110(a)(2)(E)(ii), 

EPA is conditionally approve the State’s 

submission based on Tennessee’s March 

28, 2012, commitment to submit a SIP 

revision to address the section 128(a)(1) 

requirements. 

Finally, in this rulemaking, EPA notes 

that it is not taking final action related 

to the PSD portions of sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II), and 

110(a)(2)(J). EPA intends to take final 

action on the portions of Tennessee’s 

infrastructure submission related to the 

PSD portions of sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), and 110(a)(2)(J) in a 

separate rulemaking. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 19, 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, 

Reporting and recordkeeping 

requirements, Lead. 

Dated: May 28, 2013. 

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 RR—Tennessee 

■ 2. Section 52.2219 paragraphs (c) and 

(d) are revised to read as follows: 

§ 52.2219 Conditional approval. 

* * * * * 

(c) Conditional Approval—Submittal 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated October 19, 

2009, to address the Clean Air Act 

(CAA) sections 110(a)(2)(C), prong 3 of 

110(a)(2)(D)(i), and 110(a)(2)(J) for the 

2008 Lead National Ambient Air 

Quality Standards. EPA is conditionally 

approving TDEC’s submittal with 

respect to the PSD requirements of CAA 

sections 110(a)(2)(C), prong 3 of 

110(a)(2)(D)(i), and 110(a)(2)(J), 

specifically related to the adoption of 

enforceable provisions for PSD 

increments as detailed in TDEC’s 

October 4, 2012, commitment letter. 

Tennessee must submit to EPA by 

March 6, 2014, a SIP revision adopting 

specific enforceable measures related to 

PSD increments as described in the 

State’s letter of commitment. 

(d) Conditional Approval—Submittal 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated October 19, 

2009, to address the Clean Air Act 

(CAA) section 110(a)(2)(E)(ii) for the 

2008 Lead 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 published in the Federal 

Register a final rulemaking to 

conditionally approve TDEC’s March 

28, 2012, commitment on July 23, 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 a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead 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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36444 Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision 

Applicable 

geographic or 

nonattainment area 

State effective 

date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 

National Ambient Air Quality 

Standards.

Tennessee ... 10/19/2009 06/18/2013 [Insert citation of publication].With the exception of section 

110(a)(2)(D)(i)(I) concerning 

interstate transport; the portions 

of sections 110(a)(2)(C), prong 3 

of 110(a)(2)(D)(i), and 

110(a)(2)(J) related to PSD, 

which are being conditionally approved; and section 

110(a)(2)(E)(ii) as it relates to 

section 128(a)(1), which is being 

conditionally approved. 

[FR Doc. 2013–14068 Filed 6–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100812345–2142–03] 

RIN 0648–XC714 

Snapper-Grouper Fishery of the South 

Atlantic; 2013 Commercial 

Accountability Measure and Closure 

for the South Atlantic Lesser 

Amberjack, Almaco Jack, and Banded 

Rudderfish Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for the lesser 

amberjack, almaco jack, and banded 

rudderfish complex in the South 

Atlantic for the 2013 fishing year 

through this temporary rule. 

Commercial landings for the lesser 

amberjack, almaco jack, and banded 

rudderfish complex, as estimated by the 

Science and Research Director (SRD), 

have reached their combined 

commercial annual catch limit (ACL) at 

this time. Therefore, NMFS closes the 

commercial sector for this complex on 

June 18, 2013, through the remainder of 

the fishing year in the exclusive 

economic zone (EEZ) of the South 

Atlantic. This closure is necessary to 

protect the lesser amberjack, almaco 

jack, and banded rudderfish resources. 

DATES: This rule is effective 12:01 a.m., 

local time, June 18, 2013, until 12:01 

a.m., local time, January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: 

Catherine.Hayslip@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic, which includes the lesser 

amberjack, almaco jack, and banded 

rudderfish complex, is managed under 

the Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The FMP was 

prepared by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The combined commercial ACL for 

the lesser amberjack, almaco jack, and 

banded rudderfish complex is 193,999 

lb (87,996 kg), round weight. Under 50 

CFR 622.193(l)(1), NMFS is required to 

close the commercial sector for the 

lesser amberjack, almaco jack, and 

banded rudderfish complex when the 

commercial ACL has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial sector 

for this complex has reached the ACL. 

Therefore, this temporary rule 

implements an AM to close the 

commercial sector for the lesser 

amberjack, almaco jack, and banded 

rudderfish complex in the South 

Atlantic, effective 12:01 a.m., local time 

June 18, 2013. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having lesser 

amberjack, almaco jack, or banded 

rudderfish onboard must have landed 

and bartered, traded, or sold such 

species prior to 12:01 a.m., local time, 

June 18, 2013. During the closure, the 

bag limit specified in 50 CFR 

622.187(b)(8), applies to all harvest or 

possession of lesser amberjack, almaco 

jack, or banded rudderfish in or from 

the South Atlantic EEZ. During the 

closure, the possession limits specified 

in 50 CFR 622.187(c), apply to all 

harvest or possession of lesser 

amberjack, almaco jack, or banded 

rudderfish in or from the South Atlantic 

EEZ. These bag and possession limits 

apply in the South Atlantic on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e., in state or Federal waters. During 

the closure, the sale or purchase of 

lesser amberjack, almaco jack, or banded 

rudderfish taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of lesser amberjack, almaco 

jack, or banded rudderfish that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, June 18, 2013, 

and were held in cold storage by a 

dealer or processor. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of the lesser amberjack, 

almaco jack, and banded rudderfish 

complex, a component of the South 

Atlantic snapper-grouper fishery, and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(l)(1) and is exempt from review 

under Executive Order 12866. 


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