[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27428-27430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12342]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0748; FRL-9963-48-Region 4]
Air Plan Approvals; TN; Prong 4-2010 NO2, SO2, and 2012 PM2.5
NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving the visibility transport (prong 4) portions of revisions to
the Tennessee State Implementation Plan (SIP), submitted by the
Tennessee Department of Environment and Conservation (TDEC), addressing
the Clean Air Act (CAA or Act) infrastructure SIP requirements for the
2010 1-hour Nitrogen Dioxide (NO2), 2010 1-hour Sulfur
Dioxide (SO2), and 2012 annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance, and enforcement of each NAAQS promulgated
by EPA, commonly referred to as an ``infrastructure SIP.''
Specifically, EPA is conditionally approving the prong 4 portions of
Tennessee's March 13, 2014, 2010 1-hour NO2 and 2010 1-hour
SO2 infrastructure SIP submission and December 16, 2015,
2012 annual PM2.5 infrastructure SIP submission. All other
applicable infrastructure requirements for these SIP submissions have
been or will be addressed in separate rulemakings.
DATES: This rule is effective July 17, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0748. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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 Air Regulatory Management Section, Air Planning and
Implementation 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 of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as for
monitoring, basic program requirements, and legal authority that are
designed to assure attainment and maintenance of the newly established
or revised NAAQS. More specifically, section 110(a)(1) provides the
procedural and timing requirements for infrastructure SIPs. Section
110(a)(2) lists specific elements that states must meet for the
infrastructure SIP requirements related to a newly established or
revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section
[[Page 27429]]
110(a)(2)(D)(i)(I), are provisions that prohibit any source or other
type of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong 1) and from
interfering with maintenance of the NAAQS in another state (prong 2).
The third and fourth prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in
one state from interfering with measures required to prevent
significant deterioration of air quality in another state (prong 3) or
from interfering with measures to protect visibility in another state
(prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions
insuring compliance with sections 115 and 126 of the Act, relating to
interstate and international pollution abatement.
Tennessee's March 13, 2014, 2010 1-hour NO2 and 2010 1-
hour SO2 submission cites to the State's regional haze SIP
and Clean Air Interstate Rule (CAIR) SIP as satisfying prong 4
requirements.\1\ In its December 16, 2015, 2012 annual PM2.5
submission, the State notes that it is developing a regional haze SIP
revision with the intent to obtain a fully-approved regional haze SIP
and that Tennessee's SIP will be adequate with regard to prong 4 if EPA
approves that revision. As explained in a notice of proposed rulemaking
(NPRM) published on March 2, 2017 (82 FR 12328), EPA has not yet fully
approved Tennessee's existing regional haze SIP because the SIP relies
on CAIR to satisfy the nitrogen oxides (NOX) and
SO2 Best Available Retrofit Technology (BART) requirements
for the CAIR-subject electric generating units (EGUs) in the State and
the requirement for a long-term strategy sufficient to achieve the
state-adopted reasonable progress goals.\2\ Therefore, on December 7,
2016, Tennessee submitted a commitment letter to EPA requesting
conditional approval of the prong 4 portions of the aforementioned
infrastructure SIP revisions.
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\1\ In its March 13, 2014, submission, Tennessee states that its
regional haze SIP and its ``CAIR SIP are sufficient to ensure
emissions within its jurisdiction do not interfere with other
agencies' plans to protect visibility.'' However, as Tennessee notes
in its submittal, a state's infrastructure SIP submission can
satisfy prong 4 solely through confirmation that the state has a
fully approved regional haze SIP.
\2\ CAIR, promulgated in 2005, required 27 states and the
District of Columbia to reduce emissions of NOX and
SO2 that significantly contribute to, or interfere with
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in
any downwind state. CAIR imposed specified emissions reduction
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join
as a means to meet these requirements.
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In its commitment letter, Tennessee commits to submit an
infrastructure SIP revision, within one year of final conditional
approval, that will satisfy the prong 4 requirements for the 2010 1-
hour NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012
annual PM2.5 NAAQS through reliance on a fully-approved
regional haze SIP or through an analysis showing that emissions from
sources in Tennessee will not interfere with the attainment of the
reasonable progress goals of other states. If the revised
infrastructure SIP revision relies on a fully-approved regional haze
SIP revision to satisfy prong 4 requirements, Tennessee also commits to
providing the necessary regional haze SIP revision to EPA within one
year of EPA's final conditional approval.
If Tennessee meets its commitment within one year of final
conditional approval, the prong 4 portions of the conditionally
approved infrastructure SIP submissions will remain a part of the SIP
until EPA takes final action approving or disapproving the new SIP
revision(s). However, if the State fails to submit these revisions
within the one-year timeframe, the conditional approval will
automatically become a disapproval one year from EPA's final
conditional approval and EPA will issue a finding of disapproval. EPA
is not required to propose the finding of disapproval. If the
conditional approval is converted to a disapproval, the final
disapproval triggers the FIP requirement under CAA section 110(c).
In the March 2, 2017, NPRM, EPA proposed to conditionally approve
the prong 4 portions of the aforementioned infrastructure SIP
submissions. The NPRM provides additional detail regarding the
rationale for EPA's action, including further discussion of the prong 4
requirements and the basis for Tennessee's commitment letter. Comments
on the proposed rulemaking were due on or before April 3, 2017. EPA
received no adverse comments on the proposed action.
II. Final Action
As described above, EPA is conditionally approving the prong 4
portions of Tennessee's March 13, 2014, 2010 1-hour NO2 and
2010 1-hour SO2 infrastructure SIP submission and December
16, 2015, 2012 PM2.5 infrastructure SIP submission. All
other outstanding applicable infrastructure requirements for these SIP
submissions have been or will be addressed in separate rulemakings.
III. 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. See 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9,
[[Page 27430]]
2000), nor will it 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 August 14, 2017. 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, Volatile
organic compounds.
Dated: May 25, 2017.
V. Anne Heard,
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. Add Sec. 52.2219 to read as follows:
Sec. 52.2219 Conditional approval.
Tennessee submitted a letter to EPA on December 7, 2016, with a
commitment to address the State Implementation Plan deficiencies
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II)
related to interference with measures to protect visibility in another
state (prong 4) for the 2010 1-hour NO2, 2010 1-hour
SO2, and 2012 annual PM2.5 NAAQS. EPA
conditionally approved the prong 4 portions of Tennessee's March 13,
2014, 2010 1-hour NO2 and 2010 1-hour SO2
infrastructure SIP submission and December 16, 2015, 2012 annual
PM2.5 infrastructure SIP submission in an action published
in the Federal Register on June 15, 2017. If Tennessee fails to meet
its commitment by June 15, 2018, the conditional approval will
automatically become a disapproval on that date and EPA will issue a
finding of disapproval.
[FR Doc. 2017-12342 Filed 6-14-17; 8:45 am]
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