[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Rules and Regulations]
[Pages 1593-1596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0440; FRL-9905-13-Region 4]
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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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
converting conditional approvals to full approvals for Tennessee's 1997
annual fine particulate matter (PM2.5) NAAQS, 2006 24-hour
PM2.5 NAAQS and 2008 8-hour 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 SIPs for these
NAAQS on March 6, 2013, and March 26, 2013. Tennessee has since met the
obligations
[[Page 1594]]
associated with these conditional approvals, and therefore, EPA is
converting the conditional approvals to full approvals.
DATES: This rule will be effective February 10, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0440. 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: 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
a. Emissions Inventory
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 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.\1\ 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,
as required by section 172(c)(3). On October 23, 2013, EPA proposed
approval of Tennessee's April 11, 2013, SIP revision. See 78 FR 63148.
EPA did not receive any comments, adverse or otherwise, on the October
23, 2013, proposed action.
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\1\ See 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.
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b. Conditional Approvals
On October 4, 2012, Tennessee submitted a letter requesting
conditional approval of certain prevention of significant deterioration
(PSD)-related infrastructure elements.\2\ Specifically, 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 1997 annual and 2006 24-hour PM2.5
NAAQS and the 2008 8-hour ozone 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.
As such, 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.''
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\2\ The CAA requires that the SIP provide for the
implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. See 42 U.S.C. 7410(a).
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With respect to the PSD-related requirements of section
110(a)(2)(D)(i)(II) for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, and sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
and 110(a)(2)(J) for the 2008 8-hour ozone 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 Increments-SILs-SMC
Rule; however, the State had committed through the October 4, 2012,
commitment 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 the portions of Tennessee's infrastructure
SIP submissions related to the above-described PSD program requirements
for the PM2.5 1997 annual and the 2006 24-hour NAAQS, and
the 2008 8-hour 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
[[Page 1595]]
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. On July 25, 2013, EPA
took final action approving the May 10, 2013, submittal. See 78 FR
44886. As such, Tennessee has satisfied the conditions listed in EPA's
previous conditional approvals for these infrastructure submissions.
See 78 FR 44886 for additional information.
II. This Action
On October 23, 2013 (78 FR 63148), EPA proposed approval of
Tennessee's April 11, 2013, submission regarding the Bristol, Tennessee
Lead 2010 base year emissions inventory and proposed to convert to full
approvals the existing conditional approvals of Tennessee's 1997 annual
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 2008 8-
hour 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 received no adverse comments on its proposed action and is
hereby finalizing approval of this action.
III. Final Action
EPA is approving 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 converting to full
approvals the March 6, 2013, and March 26, 2013, conditional approvals
of the PSD-related requirements of section 110(a)(2)(D)(i)(II) for the
1997 annual and the 2006 24-hour PM2.5 NAAQS, and the PSD-
related requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) and
110(a)(2)(J) for the 2008 8-hour ozone. EPA is also removing the
conditional approval language from 40 CFR 52.2219 to reflect that these
elements of the infrastructure SIPs have been converted to full
approval, and that Tennessee has met the State's obligations related to
the previous conditional approvals. These actions are being taken
pursuant to section 110 of the CAA.
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 action 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 March 10, 2014. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements and Sulfur
oxides.
Dated: December 23, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Section 52.2219 is amended by removing and reserving paragraphs (c)
and (e) to read as follows:
Sec. 52.2219 Conditional approval.
* * * * *
(c) [Reserved]
* * * * *
(e) [Reserved]
0
3. Section 52.2220(e) is amended by adding a new entry for ``Bristol,
Tennessee Lead 2010 Base Year Emissions Inventory'' at the end of the
table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
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EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable
Name of non-regulatory SIP geographic or State effective EPA-approval date Explanation
provision nonattainment area date
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* * * * * * *
Bristol, Tennessee Lead 2010 Bristol............ 4/11/2013 1/9/2014 [Insert ..................
Base Year Emissions Inventory. citation of
publication].
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[FR Doc. 2014-00030 Filed 1-8-14; 8:45 am]
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