63148 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Proposed Rules 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Reporting and 

recordkeeping requirements. 

Dated: September 25, 2013. 

Jared Blumenfeld, 

Regional Administrator, EPA Region 9. 

[FR Doc. 2013–24885 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0828; FRL–9901–54– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

additions and revisions to the 

monitoring and sulfur dioxide rules in 

the Indiana state implementation plan 

submitted on September 19, 2011. The 

monitoring rules will be used to 

determine whether various source 

categories are in compliance with the 

applicable emission limits. EPA is also 

proposing approval of a related 

definition submitted by Indiana on 

September 6, 2013. 

DATES: Comments must be received on 

or before November 22, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0828, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the state’s 

SIP submission as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: September 18, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–24119 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0440; FRL–9901–84– 

Region4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Bristol; 2010 Lead Base Year 

Emissions Inventory and Conversion 

of Conditional Approvals for 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the Lead 2010 base year emissions 

inventory State Implementation Plan 

(SIP) revision submitted by the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC) on April 11, 2013. 

The emissions inventory was submitted 

to meet the requirements of the Clean 

Air Act (CAA or Act) for the Bristol 

2008 Lead National Ambient Air 

Quality Standards (NAAQS) 

nonattainment area (hereafter also 

referred to as the ‘‘Bristol Area’’ or 

‘‘Area’’). Additionally, EPA is proposing 

to convert conditional approvals to full 

approvals for Tennessee’s 1997 annual 

fine particulate matter (PM2.5) NAAQS, 

2006 24-hour PM2.5 NAAQS and 2008 

ozone NAAQS infrastructure SIPs as 

they relate to adequate provisions 

prohibiting emissions that interfere with 

any other state’s required measures to 

prevent significant deterioration of its 

air quality. EPA conditionally approved 

these portions of Tennessee’s 

infrastructure submissions for these 

NAAQS on March 6, 2013, and March 

26, 2013. Tennessee has since met the 

obligations associated with these 

conditional approvals, and therefore, 

EPA is proposing to convert these 

conditional approvals to full approvals. 

DATES: Written comments must be 

received on or before November 22, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0440, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2013– 

0440,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2013– 

0440. EPA’s policy is that all comments 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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1The CAA requires that the SIP provide for the 

implementation, maintenance, and enforcement of 

Continued 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 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 

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 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: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Emissions Inventory Requirements 

III. EPA’s Analysis of the Bristol 2010 Lead 

Base Year Emissions Inventory 

IV. Conversion of Conditional Approvals for 

Tennessee’s SIP 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

a. Emissions Inventory 

On November 12, 2008 (73 FR 66964), 

EPA revised the Lead NAAQS, lowering 

the level from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3 calculated 

over a three-month rolling average. EPA 

established the NAAQS based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to lead emissions. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. On November 22, 2010 (75 

FR 71033), EPA promulgated initial air 

quality designations for the 2008 Lead 

NAAQS, which became effective on 

December 31, 2010, based on air quality 

monitoring data for calendar years 

2007–2009, where there was sufficient 

data to support a nonattainment 

designation. Designations for all 

remaining areas were completed on 

November 22, 2011 (76 FR 72097), 

which became effective on December 

31, 2011, based on air quality 

monitoring data for calendar years 

2008–2010. Effective December 31, 

2010, the Bristol Area was designated as 

nonattainment for the 2008 Lead 

NAAQS. This designation triggered a 

requirement for Tennessee to submit a 

SIP revision with a plan for how the 

Bristol Area would attain the 2008 Lead 

NAAQS as expeditiously as practicable, 

but no later than December 31, 2015. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP revision under title I, part D of the 

CAA. This SIP revision must include, 

among other elements, a demonstration 

of how the NAAQS will be attained in 

the nonattainment area as expeditiously 

as practicable, but no later than the date 

required by the CAA, together with a 

base year emissions inventory, 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures for 

failure to meet RFP and attainment 

deadlines. Under CAA section 172(b), a 

state has up to three years after an area’s 

designation as nonattainment to submit 

its SIP revision to EPA. 

On August 29, 2012 (77 FR 55232), 

EPA took final action to determine that 

the Bristol Area (comprising the portion 

of Sullivan County bounded by a 1.25 

kilometer radius surrounding the 

Universal Transverse Mercator 

coordinates 4042923 meters E, 386267 

meters N, Zone 17, which surrounds the 

Exide Technologies Facility, the only 

source above the revised lead NAAQS 

within the Area) had attaining data for 

the 2008 Lead NAAQS. This clean data 

determination was based upon quality 

assured, quality controlled and certified 

ambient air monitoring data that shows 

the Area has monitored attainment of 

the 2008 Lead NAAQS based on the 

calendar years 2009–2011 data. The 

2012 monitoring data also demonstrated 

attainment for the 2008 Lead NAAQS. 

Pursuant to EPA’s Clean Data Policy, 

once EPA finalizes a clean data 

determination, all the requirements for 

the Area to submit an attainment 

demonstration, RACM, a RFP plan, and 

contingency measures for failure to meet 

RFP and attainment deadlines are 

suspended for so long as the Area 

continues to attain the 2008 Lead 

NAAQS. 

Since 1995, EPA has applied its 

interpretation under the Clean Data 

Policy in many rulemakings, 

suspending certain attainment-related 

planning requirements for individual 

areas, based on a determination of 

attainment. EPA notes that a final 

determination of attainment would not 

suspend the emissions inventory 

requirement found in CAA section 

172(c)(3), which requires submission 

and approval of a comprehensive, 

accurate, and current inventory of actual 

emissions of the lead from all sources in 

the nonattainment area (i.e., base year 

emissions inventory). 

b. Conditional Approvals 

On October 4, 2012, Tennessee 

submitted a letter requesting conditional 

approval of certain prevention of 

significant deterioration (PSD)-related 

infrastructure elements.1 Specifically, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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each NAAQS promulgated by EPA, which is 

commonly referred to as an ‘‘infrastructure’’ SIP. 

See 42 U.S.C. 7410(a). 

2See EPA document titled ‘‘Addendum to the 

2008 Lead NAAQS Implementation Questions and 

Answers’’ dated August 10, 2012, included in EPA’s 

SIP Toolkit located at http://www.epa.gov/air/lead/ 

kitmodel.html. 

3EPA notes that area sources are only required to 

be submitted for the NEI every three years, 

according to the Air Emissions Reporting Rule. The 

most recent public release of the NEI that includes 

area sources is the 2008 NEI version 2. Because the 

2011 NEI is under development, that data was not 

available for the State to consider in this SIP. 

Tennessee requested conditional 

approval of elements of the 

infrastructure SIP related to the 

requirements in its SIP applicable to its 

permitting program for adopting the 

PM2.5 PSD increments as promulgated in 

the rule entitled ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC), Final Rule,’’ 75 FR 64864 

(October 20, 2010) (hereafter referred to 

as the ‘‘PM2.5 PSD Increments-SILs-SMC 

Rule’’). Following promulgation of the 

PM2.5 PSD Increment-SILs-SMC Rule, 

the PSD increments portion of the Rule 

became one of the prerequisites for 

approval of the PSD-related 

infrastructure requirements of sections 

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

110(a)(2)(J) for the 2008 ozone NAAQS, 

and the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. The Rule provides 

additional regulatory provisions under 

the PSD program regarding the 

implementation of the PM2.5 NAAQS for 

New Source Review, including PM2.5

increments pursuant to section 166(a) of 

the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS. PSD increments 

prevent air quality in attainment/

unclassifiable areas from deteriorating 

to the level set by the NAAQS. 

Therefore, an increment is the 

mechanism used to estimate ‘‘significant 

deterioration’’ of air quality for a 

pollutant in an area. Under section 

165(a)(3) of the CAA, a PSD permit 

applicant must demonstrate that 

emissions from the proposed 

construction and operation of a facility 

‘‘will not cause, or contribute to, air 

pollution in excess of any maximum 

allowable increase or allowable 

concentration for any pollutant.’’ 

With respect to the PSD requirements 

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

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

2008 ozone NAAQS, and 

110(a)(2)(D)(i)(II) for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, EPA 

conditionally approved Tennessee’s 

infrastructure SIP submissions, because 

at the time of these approvals, the State 

had not yet adopted the PSD increments 

provided in the PM2.5 PSD IncrementSILs-SMC Rule; however, the State had 

committed through the October 4, 2012, 

letter to do so within one year. Based 

upon this commitment, and consistent 

with section 110(k)(4) of the CAA, EPA 

took final action to conditionally 

approval Tennessee’s infrastructure SIP 

submissions related to the abovedescribed PSD program requirements for 

the 1997 annual and the 2006 24-hour 

fine PM2.5 NAAQS, and the 2008 ozone 

NAAQS. See 78 FR 14450 (March 6, 

2013), and 78 FR 18241 (March 26, 

2013), respectively. 

Following these actions, and 

consistent with the terms of the 

conditional approvals, Tennessee 

submitted a SIP revision on May 10, 

2013, to adopt the PSD PM2.5 increments 

(set forth in Chapter 1200–03–09 of the 

Tennessee Air Pollution Control 

Regulations—Construction and 

Operating Permits, Rule Number .01— 

Construction Permits) and the then 

applicable regulatory requirements for 

implementing the PM2.5 NAAQS, as 

promulgated in the PM2.5 PSD 

Increments-SILs-SMC Rule. This SIP 

revision was provided to satisfy the 

October 4, 2012, commitment made by 

the State. EPA took final action 

approving the May 10, 2013, submittal 

on July 25, 2013. See 78 FR 44886. As 

such, Tennessee has satisfied the 

conditions listed in EPA’s previous 

conditional approvals for these 

infrastructure submissions. (See the 

above July 25, 2013, Federal Register 

publication for additional information). 

II. Emissions Inventory Requirements 

States are required under section 

172(c)(3) of the CAA to develop 

comprehensive, accurate and current 

emissions inventories of all sources of 

the relevant pollutant or pollutants in 

the area. These inventories provide a 

detailed accounting of all emissions and 

emission sources by precursor or 

pollutant. In the November 12, 2008 

Lead Standard (PDF) (99pp, 665k) 

rulemaking, EPA finalized the guidance 

related to the emissions inventories 

requirements. The current regulations 

are located at 40 CFR 51.117(e), and 

include, but are not limited to, the 

following requirements: 

• States must develop and 

periodically update a comprehensive, 

accurate, current inventory of actual 

emissions from all source affecting 

ambient lead concentrations; 

• The SIP inventory must be 

approved by EPA as a SIP element and 

is subject to public hearing 

requirements; and 

• The point source inventory upon 

which the summary of the baseline for 

lead emissions inventory is based must 

contain all sources that emit 0.5 or more 

tons of lead per year. 

For the base-year inventory of actual 

emissions, EPA recommends using 

either 2010 or 2011 as the base year for 

the contingency measure calculations, 

but does provide flexibility for using 

other inventory years if states can show 

another year is more appropriate.2 For 

lead SIPs, the CAA requires that all 

sources of lead emissions in the 

nonattainment area must be submitted 

with the base-year inventory. In today’s 

action, EPA is approving the base year 

emissions inventory portion of the SIP 

revision submitted by Tennessee on 

April 11, 2013, (hereinafter also referred 

to as ‘‘Tennessee’s submission’’) as 

required by section 172(c)(3). 

III. EPA Analysis of the Bristol 2010 

Lead Base Year Emissions Inventory 

The State of Tennessee followed 

EPA’s recommendation by using the 

year of designation (2010) as the base 

year in the Bristol Area. Actual 

emissions from all sources of lead were 

reviewed and compiled, as applicable 

and available, for the base year 

emissions inventory requirement. The 

discussion below provides more details 

on how the lead emissions were 

calculated for the Bristol Area. 

The only source of lead emissions 

above 0.5 tons per year within the 

Bristol Area is Exide Technologies 

Facility, a lead acid battery 

manufacturing and recycling facility 

which processes lead and reclaimed 

lead into batteries for the auto industry. 

Pursuant to 40 CFR 51.117(e), the Exide 

Technologies Facility is the only point 

source evaluated as part of this 

emissions inventory requirement. The 

stationary point source emissions for the 

Exide Technologies Facility were 

calculated using data collected through 

stack tests and the application of AP–42 

emissions factors for the source and 

quality assured by TDEC (see Appendix 

A of Tennessee’s submission). To obtain 

estimates of the stationary area and 

nonroad and onroad mobile emissions, 

Tennessee used the EPA 2008 National 

Emissions Inventory (NEI) 3 for Sullivan 

County, as the Bristol Area is located 

within Sullivan County. Specifically, 

area source emissions were obtained 

from the EPA Emissions Inventory 

System that archives and processes 

emissions data submitted from the state, 

local and tribal agencies for use in the 

NEI. Area source emissions are listed in 

Appendix D of Tennessee’s submission. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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4The conditional approval language at 40 CFR 

52.2219(c) incorrectly lists a conditional approval 

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

110(a)(2)(J) for the 2008 Lead NAAQS. This error 

stems from a typographical error included in the 

action finalizing approval of certain sections of the 

2008 Lead NAAQS infrastructure SIP. See 78 FR 

36440. EPA is publishing a correction notice in this 

Federal Register correcting this inadvertent error, 

such that the language at 40 CFR 52.2219(c) 

correctly describes the conditional approval of 

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

110(a)(2)(J) for the 2008 8-hour Ozone NAAQS. 

5EPA notes that through this action, the Agency 

is not proposing any revisions to the conditionallyapproved provisions described at 40 CFR 

52.2219(a), (b) or (d). 

No nonroad and onroad sources of 

emissions of lead were found in the 

2008 version 2 of the NEI. A detailed 

discussion of the emissions inventory 

development can be found in 

Tennessee’s submission. Table 1 below 

shows the level of emissions expressed 

in pounds per year (lbs/year), in the 

Bristol Area for the 2010 base year and 

the emissions source categories. 

TABLE 1—2010 LEAD EMISSIONS FOR THE BRISTOL AREA (LBS/YEAR) 

Year Onroad Nonroad Area Point 

2010 ................................................................................................................................................. 0 0 66 1,280 

EPA has evaluated Tennessee’s 2010 

base year emissions inventory for the 

Bristol Area, and has made the 

preliminary determination that this 

inventory was developed consistent 

with EPA’s guidance for emissions 

inventory. As such, pursuant to section 

172(c)(3), EPA is proposing to approve 

Tennessee’s 2010 base year emissions 

inventory for the Bristol Area. 

IV. Conversion of Conditional 

Approvals for Tennessee’s SIP 

As described above, on July 25, 2013, 

EPA took final action to approve 

Tennessee’s May 10, 2013, SIP 

submission to adopt the PSD PM2.5

increments (set forth in Chapter 1200– 

03–09 of the Tennessee Air Pollution 

Control Regulations—Construction and 

Operating Permits, Rule Number .01— 

Construction Permits) and related 

regulatory requirements for 

implementing the PM2.5 NAAQS, as 

promulgated in the PM2.5 PSD 

Increments-SILs-SMC Rule. See 78 FR 

44886. This submission was provided to 

satisfy the October 4, 2012, commitment 

made by the State. As such, Tennessee 

has satisfied the conditions listed in 

EPA’s previous conditional approvals 

for the infrastructure submissions (see 

78 FR 44886 for additional information). 

Therefore, EPA is proposing action to 

convert its conditional approvals with 

respect to the PSD requirements of 

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

and 110(a)(2)(J) for the 2008 8-hour 

ozone, and the PSD requirements of 

section 110(a)(2)(D)(i)(II) for the 1997 

annual and the 2006 24-hour PM2.5

NAAQS to full approvals. Since 

Tennessee’s May 10, 2013, SIP revision, 

satisfies the conditional approval 

requirements for conversion to a full 

approval, the conditional approval 

language at 40 CFR 52.2219(c) 4 and (e), 

included in EPA’s final conditional 

approvals published on March 6, 2013 

and on March 26, 2013, is no longer 

necessary. Accordingly, EPA is also 

proposing to remove the conditional 

approval language relating to 

Tennessee’s PSD program from the 40 

CFR 52.2219 to reflect that the program 

has been fully approved.5

V. Proposed Action 

EPA is proposing to approve the 2010 

base year emissions inventory SIP 

revision for lead for the Bristol Area as 

submitted by the State of Tennessee on 

April 11, 2013. Additionally, EPA is 

proposing to convert the March 6, 2013, 

and March 26, 2013, conditional 

approvals with respect to the PSD 

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

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

2008 8-hour ozone, and the PSD 

requirements of section 

110(a)(2)(D)(i)(II) for 1997 annual and 

the 2006 24-hour PM2.5 NAAQS to full 

approvals. EPA is also proposing to 

remove the conditional approval 

language from 40 CFR 52.2219 to reflect 

that the PSD program has been 

converted to full approval, and that 

Tennessee has met the State’s 

obligations related to the previous 

conditional approvals. These actions are 

being proposed pursuant to section 110 

of the CAA. 

VI. 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 proposes to approve 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 proposal 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
63152 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Proposed Rules 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements and Sulfur oxides. 

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

Dated: September 25, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–24853 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 03–123; FCC 13–119] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities—Waivers of iTRS 

Mandatory Minimum Standards 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to amend its rules 

setting minimum standards for 

telecommunications relay services 

(TRS) by eliminating standards for 

Internet-based relay services (iTRS) and 

public switched telephone networkbased captioned telephone services 

(CTS) which are inapplicable to, or 

technologically infeasible for, these 

services. In the past and currently, these 

services had been exempted from these 

standards by the grant of waivers. This 

action is necessary to provide greater 

certainty for iTRS and CTS users and 

providers with respect to the TRS 

mandatory minimum standard and to 

obviate the need for further periodic 

waiver filings regarding the waived 

standards. 

DATES: Comments are due December 23, 

2013 and reply comments are due 

January 21, 2014. 

ADDRESSES: You may submit comments, 

identified by CG Docket No. 03–123, by 

any of the following methods: 

Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site http://

fjallfoss.fcc.gov/ecfs2/. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal Service 

mailing address, and CG Docket No. 03– 

123. 

• Paper filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial Mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

In addition, parties must serve one copy 

of each pleading with the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street SW., 

Room CY–B402, Washington, DC 20554, 

or via email to fcc@bcpiweb.com. For 

detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Roger Holberg, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–2134 or 

email Roger.Holberg@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Speechto-Speech Services for Individuals with 

Hearing and Speech Disabilities, 

Waivers of Mandatory Minimum 

Standards, Notice of Proposed 

Rulemaking (NPRM), document FCC 

13–119, adopted on September 5, 2013, 

and released on September 6, 2013, in 

CG Docket No. 03–123. The full text of 

document FCC 13–119 will be available 

for public inspection and copying via 

ECFS, and during regular business 

hours at the FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

It also may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street SW., Room CY–B402, 

Washington, DC 20554, telephone: (800) 

378–3160, fax: (202) 488–5563, or 

Internet: www.bcpiweb.com. Document 

FCC 13–119 can also be downloaded in 

Word or Portable Document Format 

(PDF) at http://www.fcc.gov/

encyclopedia/telecommunicationsrelay-services-trs. To request materials 

in accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). The proceeding this 

NPRM initiates shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. Persons making ex parte 

presentations must file a copy of any 

written presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with sec. 

1.1206(b). In proceedings governed by 

sec. 1.49(f) or for which the Commission 

has made available a method of 

electronic filing, written ex parte 

presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 


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