[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Proposed Rules]
[Pages 12525-12526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4890]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0696-201202(b); FRL-9636-7]
Approval and Promulgation of Implementation Plans; Tennessee:
Prevention of Significant Deterioration; Greenhouse Gases--Automatic
Rescission Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) revision submitted by the State of Tennessee, through the
Tennessee Department of Environmental Conservation (TDEC), Air
Pollution Control Division, to EPA on January 11, 2012, for the purpose
of amending the State's New Source Review (NSR) Prevention of
Significant Deterioration (PSD) regulations as they relate to
greenhouse gases (GHGs). Specifically, Tennessee amended its PSD
regulations to add automatic rescission provisions. These provisions
provide that in the event that the U.S. Court of Appeals for the DC
Circuit or the U.S. Supreme Court issues an order which would render
GHGs not subject to regulation under the Clean Air Act's (CAA) PSD
permitting program, then GHGs shall not be subject to regulation under
Tennessee's PSD regulations as of the effective date of EPA's Federal
Register notice of vacatur. Further, the provisions provide that in the
event that there is a change to Federal law that supersedes regulation
of GHGs under the CAA's PSD permitting program, then GHGs shall not be
subject to regulation under Tennessee's PSD regulations as of the
effective date of the change in federal law. EPA took action to approve
the GHG Tailoring Rule PSD provisions into the Tennessee SIP in a
separate rulemaking. EPA is proposing to approve Tennessee's January
11, 2012, SIP revision because the Agency has made the determination
that this SIP revision is not contrary to section 110 and part C of the
Federal Clean Air Act or EPA regulations regarding PSD permitting for
GHGs. In the Final Rules Section of this Federal Register, EPA is
approving the State's implementation plan revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments.
DATES: Written comments must be received on or before April 2, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0696, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2010-0696,'' 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, 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.
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: 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. The telephone number
is (404) 562-9352. Ms. Bradley can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. 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 on
this document. Any parties interested in commenting on this document
should do so at this time.
[[Page 12526]]
Dated: February 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-4890 Filed 2-29-12; 8:45 am]
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