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[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Proposed Rules]
[Pages 75845-75849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31189]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0483-201155; FRL-9498-8]

Approval and Promulgation of Implementation Plans; State of 
Tennessee: Prevention of Significant Deterioration and Nonattainment 
New Source Review Rules: Nitrogen Oxides as a Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve changes to the Tennessee State 
Implementation Plan (SIP), submitted by the Tennessee Department of 
Environment and Conservation (TDEC) through the Division of Air 
Pollution Control to EPA on May 28, 2009. The proposed SIP revision 
modifies Tennessee's New Source Review (NSR) Prevention of Significant 
Deterioration (PSD) and Nonattainment New Source Review (NNSR) 
programs. Tennessee's May 28, 2009, SIP revision makes several changes 
for which EPA is proposing approval in this rulemaking. First, the 
proposed revision addresses requirements promulgated in the 1997 8-Hour 
Ozone National Ambient Air Quality Standards (NAAQS) plementation Rule 
NSR Update Phase II (hereafter referred to as the ``Ozone 
Implementation NSR Update'' or ``Phase II Rule''). Second, the May 28, 
2009, SIP revision includes updates to Tennessee's PSD and NNSR 
permitting regulations regarding the addition of clean coal technology 
(CCT) requirements. Lastly, the SIP revision includes clarifying 
changes and corrections to portions of the Tennessee NSR rule. All 
changes in the proposed SIP revision are necessary to comply with 
Federal regulations related to Tennessee's NSR permitting program. EPA 
is proposing approval of the May 28, 2009, proposed SIP revision 
because the Agency has preliminarily determined that the changes are in 
accordance with the Clean Air Act (CAA or Act) and EPA regulations 
regarding NSR permitting.

DATES: Comments must be received on or before January 4, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0483, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2010-0483, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2010-0483.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 75846]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional information about EPA's public docket visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Tennessee SIP, contact Ms. Twunjala Bradley, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. Telephone number: (404) 562-
9352; email address: bradley.twunjala@epa.gov. For information 
regarding NSR, contact Ms. Yolanda Adams, Air Permits Section, at the 
same address above. Telephone number: (404) 562-9214; email address: 
adams.yolanda@epa.gov. For information regarding 8-hour ozone NAAQS, 
contact Ms. Jane Spann, Regulatory Development Section, at the same 
address above. Telephone number: (404) 562-9029; email address: 
spann.jane@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. What is the background for EPA's proposed action?
    A. What is the NSR program?
    B. What are the NSR requirements for the Phase II Rule?
III. What is EPA's analysis of Tennessee's SIP revision?
    A. EPA's Analysis of Tennessee's NSR Rule Revision To Adopt the 
Phase II Rule Requirements
    B. EPA's Analysis of Tennessee's Inclusion of Certain Clean Coal 
Technology Changes
    C. EPA's Analysis of Tennessee's Clarifying Changes and 
Corrections
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    On May 28, 2009, TDEC submitted a revision to EPA for approval into 
the Tennessee SIP to adopt Federal requirements for NSR permitting.\1\ 
Tennessee's SIP revision makes changes to Tennessee's Air Quality 
Regulations, Chapter 1200-03-09--Construction and Operating Permits, 
Rule Number .01--Construction Permit, .02--Operating Permits, and .03--
General Provisions to adopt PSD and NNSR requirements related to the 
implementation of the Phase II Rule.\2\ First, the proposed revision 
addresses requirements promulgated in the Phase II Rule. In summary, 
the May 28, 2009, SIP revision addresses the Ozone Implementation NSR 
Update requirements for Tennessee to: (1) Specifically recognize that 
nitrogen oxides (NOX) emissions are ozone precursors; (2) 
adopt NNSR provisions for major stationary source thresholds for 
sources in certain classes of nonattainment areas for 8-hour ozone, 
carbon monoxide and particulate matter with a nominal aerodynamic 
diameter less than or equal to 10 microns (PM10); (3) 
address changes to offset ratios for marginal, moderate, serious, 
severe, and extreme ozone nonattainment areas; and (4) address changes 
to provisions addressing offset requirements for facilities that shut 
down or curtail operation. Tennessee's May 28, 2009 submittal adopts 
these provisions promulgated in the Phase II Rule. In addition, May 28, 
2009, SIP revision includes updates to the Tennessee PSD and NNSR 
permitting regulations regarding the adoption of CCT definitions at 
1200-03-09.01. Lastly, the SIP revision includes clarifying changes and 
corrections to its rules at 1200-3-9-.01, 1200-3-9-.02 and 1200-3-
9-.03. All changes in the proposed SIP revision are necessary to comply 
with Federal regulations related to Tennessee's NSR permitting program. 
Pursuant to section 110 of the CAA, EPA is proposing to approve all the 
aforementioned changes into the Tennessee SIP.
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    \1\ Tennessee's May 28, 2009, SIP revision also contained 
changes to Tennessee's SIP-approved NSR permitting regulations 
regarding ``baseline actual emissions.'' EPA is not proposing action 
for this revision at this time.
    \2\ Tennessee's May 28, 2009 SIP submittal also made changes to 
the State's title V regulations at 1200-3-9-.02(11) which EPA is not 
proposing action as these regulations are not part of the SIP.
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    Tennessee's May 28, 2009, submittal also included the removal of 
provisions for clean units (CU) and pollution control projects (PCP) 
from the State's PSD and NNSR regulations that were vacated by the 
United States Court of Appeals for the District of Columbia Circuit (DC 
Circuit Court) \3\ to be consistent with the Federal regulations. EPA 
did not approve revisions into Tennessee's federally-approved SIP 
regarding the provisions for CU and PCP. Therefore, no action related 
to the provisions of CU and PCP is necessary.
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    \3\ On December 31, 2002, (67 FR 80186), EPA published final 
rule changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and 
NNSR programs. On November 7, 2003, (68 FR 63021), EPA published a 
notice of final action on the reconsideration of the December 31, 
2002, final rule changes. The December 31, 2002, and the November 7, 
2003, final actions are collectively referred to as the ``2002 NSR 
Reform Rules.'' On June 24, 2005, DC Circuit Court vacated portions 
of the 2002 NSR Reform Rules pertaining to CU and PCP.
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II. What is the background for EPA's proposed action?

A. What is the NSR program?

    The CAA NSR program is a preconstruction review and permitting 
program applicable to certain new and modified stationary sources of 
air pollutants regulated under the CAA. The program includes a 
combination of air quality planning and air pollution control 
technology requirements. The CAA NSR program is composed of three 
separate programs: PSD, NNSR, and Minor NSR. PSD is established in Part 
C of title I of the CAA and applies in areas that meet the NAAQS 
``attainment areas'' as well as areas where there is insufficient 
information to determine if the area meets the NAAQS--``unclassifiable 
areas.'' The NNSR program is established in Part D of title I of the 
CAA and applies in areas that are not in attainment of the NAAQS--
``nonattainment areas.'' The minor NSR program addresses construction 
or modification activities that do not qualify as ``major'' and applies 
regardless of the designation of the area in which a source is located. 
Together, these programs are referred to as NSR programs. EPA 
regulations governing the implementation of these programs are 
contained in 40 Code of Federal Regulations (CFR) parts 51.165, 51.166, 
52.21, 52.24, and part 51, Appendix S.
    Section 109 of the CAA requires EPA to promulgate a primary NAAQS 
to protect public health and a secondary NAAQS to protect public 
welfare. Once

[[Page 75847]]

EPA sets those standards, states must develop, adopt, and submit a SIP 
to EPA for approval that includes emission limitations and other 
control measures to attain and maintain the NAAQS. See CAA section 110. 
Each SIP is also required to include a preconstruction review program 
for the construction and modification of any stationary source of air 
pollution to assure the maintenance of the NAAQS. The May 28, 2009, SIP 
submittal changes Tennessee's PSD and NNSR programs.

B. What are the NSR requirements for the Phase II Rule?

    Today's proposed action on the Tennessee SIP relates in part to 
EPA's Phase II Rule. 70 FR 71612 (November 29, 2005). In the Phase II 
Rule, EPA made a number of changes including: recognizing 
NOX as an ozone precursor for PSD purposes; changes to the 
NNSR rules establishing major stationary thresholds (marginal, 
moderate, serious, severe, and extreme NAA classifications) and 
significant emission rates for the 8-hour ozone, PM10 and carbon 
monoxide NAAQS; revised the criteria for crediting emission reductions 
credits from operation shutdowns and curtailments as offsets, and 
changes to offset ratios for marginal, moderate, serious, severe, and 
extreme ozone NAA. EPA finalized regulations to address permit 
requirements for the 1997 8-hour ozone NAAQS to implement the NSR 
program by specifically identifying NOX as an ozone 
precursor.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of 
0.08 parts per million--also referred to as the 1997 8-hour ozone 
NAAQS. On April 30, 2004, EPA designated areas as attainment, 
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As 
part of the framework to implement the 1997 8-hour ozone NAAQS, EPA 
promulgated an implementation rule in two phases. Phase I of EPA's 1997 
8-hour ozone implementation rule (Phase I Rule), published on April 30, 
2004, effective on June 15, 2004, provided the implementation 
requirements for designating areas under subpart 1 and subpart 2 of the 
CAA (69 FR 23951).
    On November 29, 2005, EPA promulgated the second phase for 
implementation provisions related to the 1997 8-hour ozone NAAQS--also 
known as the Phase II Rule (70 FR 71612). The Phase II Rule addressed 
control and planning requirements as they applied to areas designated 
nonattainment for the 1997 8-hour ozone NAAQS such as reasonably 
available control technology, reasonably available control measures, 
reasonable further progress, modeling and attainment demonstrations and 
NSR, and the impact to reformulated gas for the 1997 8-hour ozone NAAQS 
transition. The Phase II Rule requirements include, among other 
changes, a provision stating that NOX is an ozone precursor. 
70 FR 71612, 71679. In the Phase II Rule, EPA stated as follows:

    ``The EPA has recognized NOX as an ozone precursor in 
several national rules because of its contribution to ozone 
transport and the ozone nonattainment problem. The EPA's recognition 
of NOX as an ozone precursor is supported by scientific 
studies, which have long recognized the role of NOX in 
ozone formation and transport. Such formation and transport is not 
limited to nonattainment areas. Therefore, we believe NOX 
should be treated consistently as an ozone precursor in both our PSD 
and nonattainment NSR regulations. For these reasons, we have 
promulgated final regulations providing that NOX is an 
ozone precursor in attainment areas.''

    As was discussed earlier, the Phase II Rule made changes to Federal 
regulations at 40 CFR 51.165 and 51.166 (which governs the NNSR and PSD 
permitting programs respectively). Pursuant to these requirements, 
states were required to submit SIP revisions adopting the relevant 
Federal requirements of the Phase II Rule (at 40 CFR 51.165 and 51.166) 
into their SIP no later than June 15, 2007. On May 28, 2009, Tennessee 
submitted a SIP revision (the subject of this action) to adopt the 
relevant provisions at 40 CFR 51.165 and 51.166 into the Tennessee SIP 
to be consistent with Federal regulations for NSR permitting purposes 
promulgated in the Phase II Rule.

III. What is EPA's analysis of Tennessee's SIP revision?

    Tennessee currently has a SIP-approved NSR program for new and 
modified stationary sources. TDEC's PSD preconstruction rules are found 
in Rule 1200-3-9-.01(4) and apply to major stationary sources or 
modifications constructed in areas designated attainment as required 
under part C of title I of the CAA with respect to the NAAQS. TDEC's 
Rule 1200-3-9-.01(5) includes permitting requirements for sources in 
and impacting nonattainment areas. Today, EPA is proposing to approve 
changes to Tennessee's rules at 1200-3-9-.01(4) and at 1200-3-9-.01(5) 
to update the State's existing NSR program to be consistent with 
Federal NSR regulations, amended in the Phase II Rule (at 40 CFR 51.165 
and 51.166). Lastly, EPA is proposing to approve Tennessee's clarifying 
changes and corrections to its rules at 1200-3-9-.01, 1200-3-9-.02 and 
1200-3-9-.03. More detail is provided below regarding EPA's analysis of 
the changes to Tennessee's SIP as provided in the May 28, 2009, SIP 
revision.

A. EPA's Analysis of Tennessee's NSR Rule Revision To Adopt the Phase 
II Rule Requirements

    Tennessee's May 28, 2009, SIP revision included changes to the 
State's PSD and NNSR programs to address EPA's Phase II Rule. As part 
of its review of the Tennessee submittal, EPA performed a line-by-line 
review of the proposed revision including the provision which differs 
from the Federal rules, and determined that they are consistent with 
the program requirements for NSR, set forth at 40 CFR 51.165 and 
51.166. States may meet the requirements of 40 CFR part 51 and the 
Phase II Rules with alternative but equivalent regulations. Tennessee 
adopted the Federal PSD and NNSR rules amended in the Phase II Rules 
with minor NNSR variations.
    Specifically, with regards to the permit requirements for NNSR 
NOX as an ozone precursor, Tennessee's SIP revision did not 
specifically include the NNSR provisions at 40 CFR 51.165(a)(1)(v)(E) 
and 51.165(a)(1)(x)(C). See Phase II Rule at 70 FR 71612 (November 29, 
2005). The Federal regulations at 40 CFR 51.165(a)(1)(v)(E) and 
(a)(1)(x)(C) relate to applying the same volatile organic compound 
(VOC) emission requirements for significant net emissions and emission 
rates (respectively) to NOX emissions of major stationary 
sources and major modifications. However, Tennessee's NSR program has 
equivalent provisions that address both of the aforementioned Phase II 
Rule requirements. Tennessee's existing SIP includes the definition of 
``ozone precursor'' at 1200-03-09-.01(5)(b)1(xxxiii). Ozone precursor 
is defined in Tennessee's SIP as VOC and/or NOX. Also, 
Tennessee's SIP defines ``regulated NSR pollutant'' as ``VOC and/or 
nitrogen oxides compound (1200-03-09-.01(5)(b)(1)(xlix).'' Tennessee's 
definition for ``major modification'' (at 1200-03-09-.01(5)(b)1(v)) 
states that ``any significant emissions increase from any emissions 
units or emission increase at a major stationary source that is 
significant for volatile organic compounds and/or nitrogen oxides shall 
be considered significant for ozone.''
    In addition, Tennessee's May 28, 2009, SIP revision does not 
explicitly include the Phase II Rule provision at 
51.165(a)(1)(iv)(A)(2) which addresses the applicability of 
NOX as an ozone

[[Page 75848]]

precursor to major stationary source emission thresholds in 
nonattainment areas (based on classifications).\4\ However, EPA 
believes that Tennessee's SIP already covers the requirement of 
51.165(a)(1)(iv)(A)(2) because: (1) The definition of a ``major 
stationary source'' (1200-03-09-.01(5)(b)(1)(iv)) in the Tennessee SIP 
addresses major stationary source thresholds for NOX for 
moderate nonattainment areas (which was the highest nonattainment 
classification in the State), and (2) Tennessee's SIP recognizes 
NOX as a regulated NSR pollutant.
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    \4\ At the time of the May 28, 2009, SIP revision, Tennessee's 
highest ozone nonattainment classification was moderate.
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    EPA has preliminarily determined that the rules adopted by 
Tennessee in the May 28, 2009, SIP revision are at least as stringent 
as the Federal program. Therefore, EPA has preliminarily determined 
that Tennessee's May 28, 2009, SIP revision is consistent with the NSR 
permit program requirements set forth at 40 CFR 51.165 and 51.166.

B. EPA's Analysis of Tennessee's Inclusion of Certain Clean Coal 
Technology Changes

    In addition to adopting the Federal rules consistent with the Phase 
II Rule, Tennessee's SIP revision also includes changes that were 
promulgated by EPA in a portion of the 1992 WEPCO Rule (Wisconsin 
Electric Power Co. v. Reilly, 893 F.2d 901 (7th Cir. 1990)) on July 21, 
1992 (57 FR 32314). The portion of the WEPCO Rule relevant to today's 
proposal, regards the establishment of CCT and re-powering projects and 
the applicability of NSR requirements to such projects. As part of the 
WEPCO Rule, EPA established definitions for CCT, CCT demonstration 
project, temporary CCT demonstration project, and re-powering. In 
addition, the rule exempted CCT demonstration projects (that constitute 
re-powering) from PSD requirements (major modification) as long as the 
projects do not cause an increase in potential to emit of a regulated 
NSR pollutant emitted by the unit.
    Tennessee's May 28, 2009, SIP submittal revised Tennessee's NSR 
regulations at 1200-03-09-.01 to adopt the CCT and repowering 
definitions promulgated as part of the WEPCO Rule and now found at 40 
CFR 51.165(a)(1)(xxii)-(xxiv) and 51.166(b)(33)-(36) as well as modify 
the definition of ``major modification'' to exempt ``clean coal 
technology demonstration projects'' (consistent with 
51.165(a)(1)(v)(C)(9) and 51.166(b)(2)(iii)((i)-(j). EPA has 
preliminarily determined that the rule changes made by Tennessee are 
consistent with the current Federal regulations at 40 CFR 51.165 and 
51.166.

C. EPA's Analysis of Tennessee's Clarifying Changes and Corrections

    In addition to the adoption of specific Federal regulations 
mentioned above, TDEC is also making clarifying changes and corrections 
to its SIP for portions of Rules 1200-3-9-.01, 1200-3-9-.02 and 1200-
03-09-.03. As a result of the removal of all references to the ``clean 
units'' language (due to the vacatur), Tennessee, were appropriate, 
replaced the terms ``clean units'' or ``clean'' with the terms ``new 
emission units'' or ``new'' at Rule 1200-3-9-.01 consistent with the 
hybrid test applicability provision amended in the 2002 NSR Reform 
Rule. 67 FR 8018 at 80260). In addition, Tennessee is correcting a 
typographical error for the definition of ``major stationary source'' 
at Rule 1200-3-0-.01(5)(b)(i)1(iv)(II) by removing the ``s'' from the 
word ``items'' between the word ``under and before numerical (``iv).'' 
For rule 1200-3-9-.02--``Operating Permits,'' Tennessee is revising 
paragraph (1) to clarify the timeframe and conditions for an air 
contaminant source (constructed or modified in accordance with Rule 
1200-3-9-.01) to apply for an operating permit. Additionally, Tennessee 
is also correcting a typographical error at Paragraph 1 of Rule 1200-3-
9-.03(1) which describes the authority of the State to requests an 
early timeframe for sources to comply with emission regulations 
stipulated in the Tennessee SIP. This correction at 1200-03-09-.03 
replaces the word ``data'' with ``date.''

IV. Proposed Action

    EPA is proposing to approve Tennessee's May 28, 2009, SIP revision 
adopting Federal regulations amended in the Phase II Rule (including 
recognition of NOX as an ozone precursor) into the Tennessee 
SIP. Additionally, EPA is proposing to approve Tennessee's changes to 
its PSD and NNSR permitting regulations regarding the addition of CCT 
requirements (established in a portion of EPA's WEPCO Rule) at 1200-03-
09.01; and the clarifying changes and correction to Tennessee's NSR 
rule. EPA has made the preliminary determination that this SIP revision 
is approvable because it is in accordance with the CAA and EPA 
regulations regarding NSR permitting.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

[[Page 75849]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Nitrogen oxides, Recordkeeping and reporting, 
Volatile organic compounds.

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

    Dated: November 22, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-31189 Filed 12-2-11; 8:45 am]
BILLING CODE 6560-50-P
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