Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44481 

1Tennessee’s July 29, 2011, SIP revision also 

contains changes to Tennessee Chapter 1200–03– 

26—Administrative Fees Schedule provisions. EPA 

is not proposing action on this part of the submittal 

as these provisions are not part of the federallyapproved Tennessee SIP. 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

The Department believes that this 

regulatory action is consistent with the 

principles in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Paperwork Reduction Act of 1995: 

The Paperwork Reduction Act of 1995 

does not require you to respond to a 

collection of information unless it 

displays a valid OMB control number. 

The collection of information is 

approved under OMB control number 

1855–0026. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive Order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

Order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to either of the program contact 

persons listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: July 25, 2012. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2012–18573 Filed 7–27–12; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0080; FRL–9704–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action 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 July 29, 2011. The 

July 29, 2011, SIP revision modifies 

Tennessee’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) programs. Tennessee’s 

July 29, 2011, SIP revision proposes to 

incorporate, into the Tennessee SIP, 

NSR provisions for PM2.5 as amended in 

EPA’s 2008 NSR PM2.5 Implementation 

Rule. Also, Tennessee’s July 29, 2011, 

SIP revision makes a corrective and 

clarifying administrative change to rule 

1200–03–09–.01. EPA is approving 

Tennessee’s July 29, 2011, SIP revision 

because it is consistent with the Clean 

Air Act (CAA or Act) and EPA 

regulations regarding NSR permitting. 

DATES: Effective Date: This rule will be 

effective August 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0080. 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 a.m. to 

4:30 p.m., 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. Ms. 

Bradley’s telephone number is (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. Ms. Adams’ 

telephone number is (404) 562–9214; 

email address: adams.yolanda@epa.gov. 

For information regarding the PM2.5

NAAQS, contact Mr. Joel Huey, 

Regulatory Development Section, at the 

same address above. Mr. Huey’s 

telephone number is (404) 562–9104; 

email address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action on 

Tennessee’s July 29, 2011, SIP revision 

to adopt rules equivalent to federal 

requirements for NSR permitting.1

Tennessee’s July 29, 2011, SIP revision 

includes changes to Tennessee’s Air 

Quality Regulations, Chapter 1200–03– 

09—Construction and Operating 

Permits, Rule Number .01— 

Construction Permits, to adopt federal 

PSD and NNSR promulgated in the rule 

entitled ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5), ’’ Final Rule, 73 FR 


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2After EPA promulgated the NAAQS for PM2.5 in 

1997, the Agency issued guidance documents 

related to using PM10 as a surrogate for PM2.5

entitled ‘‘Interim Implementation of New Source 

Review Requirements for PM2.5.’’ John S. Seitz, 

EPA, October 23, 1997 (the ‘‘Seitz memo’’) and 

‘‘Implementation of New Source Review 

Requirements in PM–2.5 Nonattainment Areas’’ (the 

‘‘2005 PM2.5 Nonattainment NSR Guidance’’). 

3Sources that applied for a PSD permit under the 

federal PSD program on or after July 15, 2008, are 

already excluded from using the 1997 PM10

Surrogate Policy as a means of satisfying the PSD 

requirements for PM2.5. See 76 FR 28321. 

4 In EPA’s June 11, 2012, proposed rulemaking, 

EPA cited March 12, 2012, as the publication date 

for the particulate matter emissions correction 

notice. The correct publication date is March 16, 

2012. 

5The term ‘‘particulate matter emissions’’ 

includes particles that are larger than PM2.5 and 

PM10 and is an indicator measured under various 

New Source Performance Standards (NSPS) (40 CFR 

part 60). In addition to the NSPS for PM, it is noted 

that states have regulated ‘‘particulate matter 

emissions’’ for many years in their SIPs for PM, and 

the same indicator has been used as a surrogate for 

determining compliance with certain standards 

contained in 40 CFR part 63, regarding National 

Emission Standards for Hazardous Air Pollutants. 

28321 (May 16, 2008), hereafter referred 

to as the ‘‘NSR PM2.5 Rule.’’ Also, 

Tennessee’s July 29, 2011, SIP revision 

includes clarifying changes to rule 

1200–03–09–.01. 

On June 11, 2012, EPA published a 

proposed rulemaking to approve the 

aforementioned changes to Tennessee’s 

NSR PSD program. See 77 FR 34302. 

Comments on the proposed rulemaking 

were due on or before July 11, 2012. No 

comments, adverse or otherwise, were 

received on EPA’s June 11, 2012 

proposed rulemaking. Pursuant to 

section 110 of the CAA, EPA is now 

taking final action to approve the 

changes to Tennessee’s NSR PSD 

program as provided in EPA’s June 11, 

2012, proposed rulemaking. A summary 

of the background for today’s final 

action is provided below. For more 

detail, please refer to EPA’s proposed 

rulemaking at 77 FR 34302. 

A. NSR PM2.5 Rule 

EPA finalized a rule on May 16, 2008, 

that revised the NSR program 

requirements to establish the framework 

for implementing preconstruction 

permit review for the PM2.5 NAAQS in 

both attainment and nonattainment 

areas. Specifically, the NSR PM2.5 Rule 

established the following NSR 

requirements to implement the PM2.5

NAAQS: (1) Require NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) establish 

significant emission rates for direct 

PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

nitrogen oxides (NOX)); (3) establish 

PM2.5 emission offsets; (4) provide 

exceptions to inhalable particles smaller 

than or equal to 10 micrometers in 

diameter) (PM10) grandfather policy; and 

(5) require states to account for gases 

that condense to form particles 

(condensables) in PM2.5 and PM10

emission limits in PSD or 

nonattainment NSR permits. 

Additionally, the NSR PM2.5 Rule 

authorized states to adopt provisions in 

their nonattainment NSR rules that 

would allow interpollutant offset 

trading. See 73 FR 28321. States were 

required to provide SIP submissions to 

address the requirements for the NSR 

PM2.5 Rule by May 16, 2011. 

Tennessee’s July 29, 2011, SIP revision 

addresses the PSD and NNSR 

requirements related to EPA’s May 16, 

2008, NSR PM2.5 Rule. 

1. PM10 Surrogate and Grandfathering 

Policy 

In the NSR PM2.5 Rule, EPA required 

that major stationary sources seeking 

permits must begin directly satisfying 

the PM2.5 requirements, as of the 

effective date of the rule, rather than 

relying on PM10 as a surrogate, with two 

exceptions.2 The first exception is a 

‘‘grandfathering’’ provision in the 

federal PSD program at 40 CFR 

52.21(i)(1)(xi). This grandfathering 

provision applied to sources that had 

applied for, but had not yet received, a 

final and effective PSD permit before the 

July 15, 2008, effective date of the May 

2008 final rule. The second exception 

was that states with SIP-approved PSD 

programs could continue to implement 

the Seitz Memo’s PM10 Surrogate Policy 

for up to three years (until May 2011) 

or until the individual revised state PSD 

programs for PM2.5 are approved by 

EPA, whichever comes first. On May 18, 

2011 (76 FR 28646), EPA took final 

action to repeal the PM2.5 grandfathering 

provision at 40 CFR 52.21(i)(1)(xi). This 

final action ended the use of the 1997 

PM10 Surrogate Policy for PSD permits 

under the federal PSD program at 40 

CFR 52.21. In effect, any PSD permit 

applicant previously covered by the 

grandfathering provision (for sources 

that completed and submitted a permit 

application before July 15, 2008) 3 that 

did not have a final and effective PSD 

permit before the effective date of the 

repeal will not be able to rely on the 

1997 PM10 Surrogate Policy to satisfy 

the PSD requirements for PM2.5 unless 

the application includes a valid 

surrogacy demonstration. See 76 FR 

28646. In its July 29, 2011, SIP revision, 

Tennessee elected not to adopt the 

grandfathering provision at 40 CFR 

52.21(i)(1)(xi), into its PSD regulations. 

Therefore, Tennessee’s July 29, 2011, 

SIP revision is consistent with federal 

regulations since it does not contain the 

repealed grandfathering provision. 

2. ‘‘Condensable’’ Provision 

In the NSR PM2.5 Rule, EPA revised 

the definition of ‘‘regulated NSR 

pollutant’’ for PSD to add a paragraph 

providing that ‘‘particulate matter (PM) 

emissions, PM2.5 emissions and PM10

emissions’’ shall include gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures and that 

on or after January 1, 2011, such 

condensable particulate matter shall be 

accounted for in applicability 

determinations and in establishing 

emissions limitations for PM, PM2.5 and 

PM10 in permits issued. See 40 CFR 

51.166(b)(49)(vi), 52.21(b)(50)(vi) and 

‘‘Emissions Offset Interpretative Ruling’’ 

(40 CFR Part 51, Appendix S). On 

March 16, 2012,4 EPA proposed a 

rulemaking to amend the definition of 

‘‘regulated NSR pollutant’’ promulgated 

in the NSR PM2.5 Rule regarding the PM 

condensable provision at 40 CFR 

51.166(b)(49)(vi), 52.21(b)(50)(i) and 

EPA’s Emissions Offset Interpretative 

Ruling. See 77 FR 15656. The 

rulemaking proposes to remove the 

inadvertent requirement in the NSR 

PM2.5 Rule that the measurement of 

condensable ‘‘particulate matter 

emissions’’ be included as part of the 

measurement and regulation of 

‘‘particulate matter emissions.’’ 5

Tennessee’s July 29, 2011, SIP revision 

adopts EPA’s definition for regulated 

NSR pollutant for condensables (at 40 

CFR 51.166(b)(49)(vi)), including the 

term ‘‘particulate matter emissions,’’ as 

promulgated in the NSR PM2.5 Rule. 

On May 1, 2012, the State of 

Tennessee provided a letter to EPA with 

clarification of the State’s intent in light 

of EPA’s March 12, 2012, proposed 

rulemaking. Specifically, in that letter, 

the State of Tennessee requested that 

EPA not approve the term ‘‘particulate 

matter emissions’’ (at rule 1200–03–09– 

.01(4)(b)47(vi)) as part of the definition 

for ‘‘regulated NSR pollutant’’ regarding 

the inclusion of condensable emissions 

in applicability determinations and in 

establishing emissions limitations for 

PM. 

3. Interpollutant Trading 

The NSR PM2.5 final Rule authorized 

states to adopt provisions in their NNSR 

rules that would allow major stationary 

sources and major modifications located 

in areas designated nonattainment for 

PM2.5 to offset emissions increases of 

direct PM2.5 emissions or PM2.5

precursors with reductions of either 

direct PM2.5 emissions or PM2.5

precursors in accordance with offset 


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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44483 

6Alternatively, the preamble indicated that states 

may adopt their own ratios, subject to EPA’s 

approval, that would have to be substantiated by 

modeling or other technical demonstrations of the 

net air quality benefit for ambient PM2.5

concentrations. 

7 If a major stationary source or source with a 

major modification in Tennessee requests to obtain 

offsets through interpollutant trading, the State of 

Tennessee would first be required, consistent with 

the requirements of section 51.165(a)(11), to revise 

its SIP to adopt appropriate trading ratios. 

Tennessee would need to submit to EPA a technical 

demonstration showing how either the preferred 

ratios established in the NSR PM2.5 Rule or the 

State’s own ratios are appropriate for the State’s 

particular PM2.5 nonattainment as well as a revision 

to the NSR program adopting the ratios into the SIP. 

EPA would then have to approve the demonstration 

and ratios into the Tennessee SIP prior to any major 

stationary source or major modification obtaining 

offsets through the interpollutant trading policy. 

8On March 16, 2012, EPA proposed to correct the 

inadvertent inclusion of ‘‘particulate matter 

emissions’’ in the definition of ‘‘regulated NSR 

pollutant’’ as an indicator for which condensable 

emissions must be addressed. See 77 FR 75656. The 

comment period for this proposed rulemaking 

ended May 15, 2012. 

9On June 13, 2007, EPA took final action to revise 

the 2002 NSR Reform Rules to remove from federal 

law all provisions pertaining to clean units and the 

pollution control projects exemption that were 

vacated by the United States Court of Appeals for 

the District of Columbia Rule. New York v. United 

States, 413 F.3d 3 (D.C. Cir. 2005). See 72 FR 32526. 

EPA’s efforts to remove the vacated provisions 

included removing the language from the hybrid 

test applicability provision at 40 CFR 

51.166(a)(7)(iv)(f), 51.165(f)(6) and 52.21(a)(2)(iv)(f). 

ratios contained in the approved SIP for 

the applicable nonattainment area. The 

inclusion, in whole or in part, of the 

interpollutant trading offset provisions 

for PM2.5 is discretionary on the part of 

the states. In the preamble to the NSR 

PM2.5 Rule, EPA included preferred or 

presumptive offset ratios, applicable to 

specific PM2.5 precursors, that states 

may adopt in conjunction with the new 

interpollutant trading offset provisions 

for PM2.5, and for which the state could 

rely on the EPA’s technical work to 

demonstrate the adequacy of the ratios 

for use in any PM2.5 nonattainment 

area.6

The preferred ratios were 

subsequently the subject of a petition for 

reconsideration which the EPA 

Administrator granted in 2009. As a 

result of the reconsideration, on July 21, 

2011, EPA issued a memorandum 

entitled ‘‘Revised Policy to Address 

Reconsideration of Interpollutant 

Trading Provisions for Fine Particles 

(PM2.5)’’ (hereafter referred to as the 

‘‘Interpollutant Trading 

Memorandum’’). The Interpollutant 

Trading Memorandum indicated that 

the existing preferred offset ratios are no 

longer considered presumptively 

approvable and that any precursor offset 

ratio submitted as part of the NSR SIP 

for a PM2.5 nonattainment area must be 

accompanied by a technical 

demonstration showing the net air 

quality benefits of such ratio for the 

PM2.5 nonattainment area in which it 

will be applied. Tennessee’s July 29, 

2011, SIP revision adopts the 

interpollutant policy but not the 

preferred trading ratios established in 

the NSR PM2.5 Rule. 

II. This Action 

Tennessee’s July 29, 2011, SIP 

revision adopts NSR PM2.5 Rule 

provisions into the Tennessee SIP at 

Chapter 12000–03–09 including: (1) 

Requirement for NSR permits to address 

directly emitted PM2.5 and precursor 

pollutants; (2) significant emission rates 

for direct PM2.5 and precursor pollutants 

(SO2 and NOX); (3) PSD and NNSR 

requirements of states to address 

condensable PM in establishing 

enforceable emission limits for PM10 or 

PM2.5; (4) PM2.5 emission offsets; and (5) 

optional interpollutant trading 

provision set forth at 40 CFR 

51.165(a)(11). These amendments to the 

Tennessee rules became state-effective 

June 27, 2011. Specifically, the SIP 

revision establishes that the State’s 

existing NSR permitting program 

requirements for PSD and NNSR apply 

to the PM2.5 NAAQS and its precursors; 

revise the definitions of ‘‘significant’’ at 

1200–03–09–.01(4)(b)24(i) and 

(5)(b)1(x)(I) to establish significant 

emission rates for direct PM2.5 and PM2.5

precursors for major modifications at 

existing sources (as amended at 40 CFR 

51.165(a)(1)(x)(A) and 51.166(b)(23)(i)); 

revise the term ‘‘regulated NSR 

pollutant’’ at 1200–03–09–.01(4)(b)47 

and (5)(b)1(xlix) to include PM2.5, 

recognize PM2.5 precursors and include 

the requirement that condensable 

emissions be accounted for in 

applicability determinations and in 

establishing emissions limitations for 

PM (as amended at 40 CFR 

51.165(a)(1)(xxxvii)(C) and 

51.166(b)(49)); and adopt NNSR 

emission offsets (a ratio of 1:1) for direct 

PM2.5 at 1200–03–09–.01(5)2(v) (as 

amended at 40 CFR 51.165(a)(9)). 

Additionally, Tennessee’s July 29, 

2011, SIP revision does not include the 

grandfathering provision at 40 CFR 

52.21(i)(1)(ix) promulgated in the NSR 

PM2.5 Rule. Therefore, Tennessee’s July 

29, 2011, SIP revision is consistent with 

federal regulations. The July 29, 2011, 

SIP revision adopts the elective 

interpollutant trading provision policy 

at 1200–03–09(5)(b)2.(v)(XV) set forth at 

40 CFR 51.165(a)(11) for the purpose of 

offsets under the PM2.5 NNSR program. 

Pursuant to EPA’s July 21, 2011, 

Interpollutant Trading Memorandum, 

the preferred precursor offset ratios 

included in the preamble to the NSR 

PM2.5 Rule are no longer considered 

presumptively approvable. Therefore, 

any precursor offset ratio submitted to 

EPA for approval as part of the NSR SIP 

for a PM2.5 nonattainment area must be 

accompanied by a technical 

demonstration showing the suitability of 

the ratios for that particular 

nonattainment area. Tennessee’s 

adoption of the interpollutant trading 

policy and not the trading ratios does 

not in any way allow a major stationary 

source or major modification in the 

State to obtain offsets through 

interpollutant trading, nor does it affect 

the approvability of Tennessee’s July 29, 

2011, SIP revision.7

Regarding the condensable provision, 

in light of Tennessee request in its May 

1, 2012, letter and EPA’s intention to 

amend the definition of ‘‘regulated NSR 

pollutant’’ as discussed in the correction 

rulemaking,8 EPA is not taking action to 

approve the terminology ‘‘particulate 

matter emissions’’ into the Tennessee 

SIP (at 1200–03–09–.01(4)(b)47(vi)) for 

the condensable provision in the 

definition of ‘‘regulated NSR pollutant.’’ 

EPA is, however, taking final action to 

approve into the Tennessee SIP at 1200– 

03–09–.01(4)(b)47(vi) the remaining 

condensable requirement at 40 CFR 

51.166(b)(49)(vi), which requires that 

condensable emissions be accounted for 

in applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10. 

TDEC’s July 29, 2011, SIP revision 

also makes an administrative change to 

Chapter 1200–03–09 for PSD and NNSR 

including removing the sentence ‘‘For 

example, if a project involves both an 

existing emissions unit and a Clean 

Unit, the projected increase is 

determined by summing the values 

determined using the method specified 

in paragraph (a)(7)(iv)(c) of this section 

for the existing unit and determined 

using the method specified in paragraph 

(a)(7)(iv)(e) of this section for the Clean 

Unit.’’ from the State’s hybrid test 

applicability provision at 1200–03–09– 

.01(4)(c)4(vi) and 1200–03–09– 

.01(5)(b)2(xvii). Tennessee proposed 

this change to be consistent with federal 

language amended in the June 13, 2007, 

final rulemaking regarding the vacated 

portions of the 2002 NSR Reform Rule.9

See 72 FR 32526. This final action 

approves the aforementioned SIP 

amendments into Tennessee’s SIP to 

provide for the implementation of PM2.5

NAAQS in the State’s NSR permitting 

program. 


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44484 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is taking final action to approve 

Tennessee’s July 29, 2011, SIP revisions 

adopting federal regulations amended in 

the NSR PM2.5 Rule to implement the 

PM2.5 NAAQS for the NSR program. 

EPA is also taking final action to 

approve corrective and clarifying 

administrative changes to Tennessee’s 

regulations because they are consistent 

with section 110 of the CAA and its 

implementing regulations. 

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 September 28, 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, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 16, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

Therefore, 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. Section 52.2220(c) is amended 

under Chapter 1200–3–9 by revising the 

entry for ‘‘Section 1200–3–9–.01’’ to 

read as follows: 

§ 52.2220 Identification of plan 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter 1200–3–9 Construction and Operating Permits 

Section 1200– 

3–9–.01.

Construction 

Permits.

6/27/11 7/30/12 [Insert citation of 

publication].

EPA is approving Tennessee’s July 29, 2011, SIP revisions to 

Chapter 1200–3–9–.01 with the exception of the term ‘‘particulate matter emissions’’ at 1200–03–09–.01(4)(b)47(vi) as 

part of the definition for ‘‘regulated NSR pollutant’’ regarding 

the inclusion of condensable emissions in applicability determinations and in establishing emissions limitations. 

EPA is approving Tennessee’s May 28, 2009, SIP revisions to 

Chapter 1200–3–9–.01 with the exception of the ‘‘baseline 

actual emissions’’ calculation revision found at 1200–3–9– 

.01(4)(b)45(i)(III), (4)(b)45(ii)(IV), (5)(b)1(xlvii)(I)(III) and 

(5)(b)1(xlvii)(II)(IV) of the submittal. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44485 

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

not governed by the three year submission deadline 

Continued 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2012–18393 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0809; FRL–9705–2] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Sections 128 and 110(a)(1) and (2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and disapprove in part, 

the State Implementation Plan (SIP) 

submissions, submitted by the State of 

Florida, through the Florida Department 

of Environmental Protection (FDEP) on 

December 13, 2007, and supplemented 

on April 18, 2008 and May 24, 2012, 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 EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. FDEP certified that 

the Florida SIP contains provisions that 

ensure the 1997 8-hour ozone NAAQS 

are implemented, enforced, and 

maintained in Florida (hereafter referred 

to as ‘‘infrastructure submission’’). EPA 

is now taking three related actions on 

FDEP’s infrastructure submissions for 

Florida. First, EPA is taking final action 

to disapprove in part portions of 

sections 110(a)(2)(C) and 110(a)(2)(J) of 

the December 13, 2007, submittal as it 

relates to the regulation of greenhouse 

gas (GHG) emissions. Second, EPA is 

taking final action to approve FDEP’s 

May 24, 2012, submission, which 

addresses the substantive requirements 

of section 128 relating to State board 

requirements as applicable to the 

infrastructure SIP pursuant to section 

110(a)(2)(E)(ii), and the substantive 

requirements of section 110(a)(2)(G), 

which relates to the authority to 

implement emergency powers under 

section 303 of the CAA. Third, and with 

the exception of the aforementioned 

portions of sections 110(a)(2)(C) and (J), 

EPA is finalizing its determination that 

Florida’s infrastructure submission, 

provided to EPA on December 13, 2007, 

supplemented on April 18, 2008, 

addresses all other required 

infrastructure elements for the 1997 

8-hour ozone NAAQS. 

DATES: Effective Date: This rule will be 

effective August 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0809. 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: 

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. 

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 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone 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, 


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