82 FR 21706 - Air Quality Plans; Tennessee; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 89 (May 10, 2017)
Federal Register Volume 82, Issue 89 (May 10, 2017)
| Page Range | 21706-21708 | |
| FR Document | 2017-09390 |
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)] [Rules and Regulations] [Pages 21706-21708] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09390] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0430; FRL-9961-89-Region 4] Air Quality Plans; Tennessee; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the State Implementation Plan (SIP) submission, submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on December 16, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' TDEC certified that the Tennessee SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Tennessee. EPA is finalizing its determination that Tennessee's infrastructure SIP submission, provided to EPA on December 16, 2015, satisfies certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule will be effective June 9, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0430. 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 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: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published on January 9, 2017 (82 FR 2295), EPA proposed to approve portions of Tennessee's December 16, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS. The details of Tennessee's [[Page 21707]] submission and the rationale for EPA's actions for this final rule are explained in the January 9, 2017 proposed rulemaking. Comments on the proposed rulemaking were due on or before February 8, 2017. EPA received no comments. II. Final Action EPA is taking final action to approve Tennessee's infrastructure submissions submitted on December 16, 2015, for the 2012 Annual PM2.5 NAAQS for the infrastructure SIP requirements, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (I) (prongs 1, 2 and 4). EPA notes that the Agency is not approving any specific rule, but rather approving that Tennessee's already approved SIP meets certain CAA requirements. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (I) (prongs 1, 2 and 4), EPA will consider these requirements in relation to Tennessee's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. EPA is taking final action to approve all other elements of Tennessee's infrastructure SIP submissions for the 2012 Annual PM2.5 NAAQS because the submission is consistent with section 110 of the CAA. 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). In addition, 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, 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 July 10, 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 17, 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. Section 52.2220(e), is amended by adding entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * [[Page 21708]] EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Tennessee........... 11/19/2015 5/10/2017, [Insert With the exception Requirements for the 2012 citation of of interstate Annual PM2.5 NAAQS. publication]. transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-09390 Filed 5-9-17; 8:45 am] BILLING CODE 6560-50-P
![21706 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
action published in the proposed rules reference, Intergovernmental relations, Authority: 42 U.S.C. 7401 et seq.
section of today’s Federal Register, Reporting and recordkeeping
rather than file an immediate petition requirements, Sulfur oxides. ■ 2. In § 52.770 the table in paragraph
for judicial review of this direct final (d) is amended by adding an entry for
Dated: April 20, 2017.
rule, so that EPA can withdraw this ‘‘SABIC Innovative Plastics’’ to read as
Robert A. Kaplan, follows:
direct final rule and address the Acting Regional Administrator, Region 5.
comment in the proposed rulemaking. § 52.770 Identification of plan.
This action may not be challenged later 40 CFR part 52 is amended as follows:
in proceedings to enforce its * * * * *
PART 52—APPROVAL AND
requirements. (See section 307(b)(2).) PROMULGATION OF (d) * * *
List of Subjects in 40 CFR Part 52 IMPLEMENTATION PLANS
Environmental protection, Air ■ 1. The authority citation for part 52
pollution control, Incorporation by continues to read as follows:
EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
CO date Title SIP rule EPA approval Explanation
* * * * * * *
10/20/2016 ........ SABIC Innovative Plastics ............ N.A 5/10/2017, [Insert Federal Reg- Limitation intended to support at-
ister citation]. tainment designation.
* * * * * * *
* * * * * enforced, and maintained in Tennessee. FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–09385 Filed 5–9–17; 8:45 am] EPA is finalizing its determination that Tiereny Bell, Air Regulatory
BILLING CODE 6560–50–P Tennessee’s infrastructure SIP Management Section, Air Planning and
submission, provided to EPA on Implementation Branch, Air, Pesticides
December 16, 2015, satisfies certain and Toxics Management Division, U.S.
ENVIRONMENTAL PROTECTION required infrastructure elements for the Environmental Protection Agency,
AGENCY 2012 Annual PM2.5 NAAQS. Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
40 CFR Part 52 DATES: This rule will be effective June can be reached via electronic mail at
[EPA–R04–OAR–2014–0430; FRL–9961–89- 9, 2017. bell.tiereny@epa.gov or via telephone at
Region 4] ADDRESSES: EPA has established a (404) 562–9088.
docket for this action under Docket SUPPLEMENTARY INFORMATION:
Air Quality Plans; Tennessee;
Infrastructure Requirements for the Identification No. EPA–R04–OAR– I. Background and Overview
2012 PM2.5 National Ambient Air 2014–0430. All documents in the docket
are listed on the www.regulations.gov On December 14, 2012, EPA
Quality Standard promulgated a revised primary annual
Web site. Although listed in the index,
AGENCY: Environmental Protection some information is not publicly PM2.5 NAAQS. The standard was
Agency (EPA). strengthened from 15.0 micrograms per
available, i.e., Confidential Business
ACTION: Final rule. cubic meter (mg/m3) to 12.0 mg/m3. See
Information or other information whose
78 FR 3086 (January 15, 2013). Pursuant
disclosure is restricted by statute.
SUMMARY: The Environmental Protection to section 110(a)(1) of the CAA, states
Certain other material, such as
Agency (EPA) is taking final action to are required to submit SIPs meeting the
approve the State Implementation Plan copyrighted material, is not placed on
applicable requirements of section
(SIP) submission, submitted by the State the Internet and will be publicly 110(a)(2) within three years after
of Tennessee, through the Tennessee available only in hard copy form. promulgation of a new or revised
Department of Environment and Publicly available docket materials are NAAQS or within such shorter period
Conservation (TDEC), on December 16, available either electronically through as EPA may prescribe. Section 110(a)(2)
2015, to demonstrate that the State www.regulations.gov or in hard copy at requires states to address basic SIP
meets the infrastructure requirements of the Air Regulatory Management Section, elements such as requirements for
the Clean Air Act (CAA or Act) for the Air Planning and Implementation monitoring, basic program requirements
2012 annual fine particulate matter Branch, Air, Pesticides and Toxics and legal authority that are designed to
(PM2.5) national ambient air quality Management Division, U.S. assure attainment and maintenance of
standard (NAAQS). The CAA requires Environmental Protection Agency, the NAAQS. States were required to
that each state adopt and submit a SIP Region 4, 61 Forsyth Street SW., submit such SIPs for the 2012 Annual
for the implementation, maintenance Atlanta, Georgia 30303–8960. EPA PM2.5 NAAQS to EPA no later than
jstallworth on DSK7TPTVN1PROD with RULES
and enforcement of each NAAQS requests that if at all possible, you December 14, 2015.
promulgated by EPA, which is contact the person listed in the FOR In a proposed rulemaking published
commonly referred to as an FURTHER INFORMATION CONTACT section to on January 9, 2017 (82 FR 2295), EPA
‘‘infrastructure SIP submission.’’ TDEC schedule your inspection. The Regional proposed to approve portions of
certified that the Tennessee SIP contains Office’s official hours of business are Tennessee’s December 16, 2015, SIP
provisions that ensure the 2012 Annual Monday through Friday, 8:30 a.m. to submission for the 2012 Annual PM2.5
PM2.5 NAAQS is implemented, 4:30 p.m., excluding Federal holidays. NAAQS. The details of Tennessee’s
VerDate Sep<11>2014 13:27 May 09, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\10MYR1.SGM 10MYR1](https://thefederalregister.org/doc/82_FR_21795/page/1.svg)
![21708 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic State EPA
Name of non-regulatory SIP provision Explanation
or nonattain- effective date approval date
ment area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Tennessee .. 11/19/2015 5/10/2017, [Insert ci- With the exception of interstate transport
ments for the 2012 Annual PM2.5 tation of publica- requirements of section 110(a)(2)(D)(i)(I)
NAAQS. tion]. and (II) (prongs 1, 2 and 4).
[FR Doc. 2017–09390 Filed 5–9–17; 8:45 am] aburano.douglas@epa.gov. For I. Why did IDEM issue this
BILLING CODE 6560–50–P comments submitted at Regulations.gov, commissioner’s orders?
follow the online instructions for On December 22, 2016, IDEM
submitting comments. Once submitted, submitted for approval, as a revision to
ENVIRONMENTAL PROTECTION comments cannot be edited or removed the Indiana SIP, an order issued by
AGENCY from Regulations.gov. For either manner IDEM’s Commissioner that establishes
of submission, EPA may publish any SO2 emission limits for Carmeuse. SO2
40 CFR Part 52 comment received to its public docket. emission limits for Carmeuse previously
[EPA–R05–OAR–2016–0707; FRL–9962–09- Do not submit electronically any did not exist in the Indiana SIP. IDEM
Region 5] information you consider to be established these emission limits so the
Air Plan Approval; Indiana; Confidential Business Information (CBI) area near Carmeuse can qualify in the
Commissioner’s Order for Carmeuse or other information whose disclosure is future for being designated ‘‘attainment’’
Lime, Inc. restricted by statute. Multimedia of the 2010 primary SO2 NAAQS. The
submissions (audio, video, etc.) must be history of the 2010 SO2 NAAQS and the
AGENCY: Environmental Protection accompanied by a written comment. applicable Data Requirements Rule
Agency (EPA). The written comment is considered the (DRR) is explained below in order to
ACTION: Direct final rule. official comment and should include provide a more detailed explanation of
SUMMARY: The Environmental Protection discussion of all points you wish to the context for IDEM’s request.
make. EPA will generally not consider On June 3, 2010, pursuant to section
Agency (EPA) is approving, as a revision 109 of the Clean Air Act (CAA), EPA
to the Indiana State Implementation comments or comment contents located
outside of the primary submission (i.e. revised the primary (health-based) SO2
Plan (SIP), a submittal from the Indiana NAAQS by establishing a new one-hour
Department of Environmental on the web, cloud, or other file sharing
system). For additional submission standard codified at title 40 Code of
Management (IDEM) to EPA, dated Federal Regulations (CFR) section 51.17
December 22, 2016. The submittal methods, please contact the person
identified in the FOR FURTHER (75 FR 35520). Pursuant to section
consists of an order issued by the 107(d) of the CAA, EPA must designate
Commissioner of IDEM that establishes INFORMATION CONTACT section. For the
full EPA public comment policy, areas as either ‘‘unclassifiable,’’
permanent and enforceable sulfur ‘‘attainment,’’ or ‘‘nonattainment’’ for
dioxide (SO2) emission limits for information about CBI or multimedia
the 2010 one-hour SO2 primary NAAQS.
Carmeuse Lime, Inc. (Carmeuse), submissions, and general guidance on
Under Section 107(d) of the CAA, a
applicable to its Gary, Indiana lime making effective comments, please visit
nonattainment area is any area that does
manufacturing plant. IDEM submitted http://www2.epa.gov/dockets/
not meet the NAAQS or that contributes
this order so the area near Carmeuse can commenting-epa-dockets.
to a violation in a nearby area. An
be designated ‘‘attainment’’ of the 2010 FOR FURTHER INFORMATION CONTACT: attainment area is any area, other than
primary SO2 National Ambient Air Joseph Ko, Environmental Engineer, a nonattainment area, that meets the
Quality Standards (NAAQS), a matter Attainment Planning and Maintenance NAAQS. Unclassifiable areas are those
that will be addressed in a separate Section, Air Programs Branch (AR–18J), that cannot be classified on the basis of
future rulemaking. EPA’s approval of Environmental Protection Agency, available information as meeting or not
this order would make these SO2 Region 5, 77 West Jackson Boulevard, meeting the NAAQS.
emission limits and applicable On August 5, 2013, EPA published a
Chicago, Illinois 60604, (312) 886–7947,
reporting, recordkeeping, and final rule designating 29 areas in the
ko.joseph@epa.gov.
compliance demonstration requirements United States as nonattainment for the
part of the federally enforceable Indiana SUPPLEMENTARY INFORMATION: 2010 SO2 NAAQS, based on recorded
SIP. Throughout this document whenever air quality monitoring data from 2009–
DATES: This direct final rule will be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2011 that showed violations of the
effective July 10, 2017, unless EPA EPA. This supplementary information NAAQS (78 FR 47191). In that
receives adverse comments by June 9, section is arranged as follows: rulemaking, EPA committed to address,
2017. If adverse comments are received, I. Why did IDEM issue this commissioner’s in separate future actions, the
EPA will publish a timely withdrawal of order? designations for all other areas for
jstallworth on DSK7TPTVN1PROD with RULES
the direct final rule in the Federal II. What are the SO2 limits in this which EPA was not yet prepared to
Register informing the public that the commissioner’s order? issue designations.
rule will not take effect. III. By what criterion is EPA reviewing this Following the initial August 5, 2013,
ADDRESSES: Submit your comments, SIP revision? designations, three lawsuits were filed
identified by Docket ID Nos. EPA–R05– IV. What action is EPA taking? against EPA in different U.S. District
OAR–2016–0707 at http:// V. Incorporation by Reference Courts, alleging that EPA had failed to
www.regulations.gov or via email to VI. Statutory and Executive Order Reviews perform a nondiscretionary duty under
VerDate Sep<11>2014 16:00 May 09, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\10MYR1.SGM 10MYR1](https://thefederalregister.org/doc/82_FR_21795/page/3.svg)
Document Created: 2017-05-10 00:01:04
Document Modified: 2017-05-10 00:01:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective June 9, 2017. | |
| Contact | Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 82 FR 21706 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR