82_FR_27542 82 FR 27428 - Air Plan Approvals; TN; Prong 4-2010 NO2

82 FR 27428 - Air Plan Approvals; TN; Prong 4-2010 NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 114 (June 15, 2017)

Page Range27428-27430
FR Document2017-12342

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 (NO<INF>2</INF>), 2010 1-hour Sulfur Dioxide (SO<INF>2</INF>), and 2012 annual Fine Particulate Matter (PM<INF>2.5</INF>) 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 NO<INF>2</INF> and 2010 1-hour SO<INF>2</INF> infrastructure SIP submission and December 16, 2015, 2012 annual PM<INF>2.5</INF> infrastructure SIP submission. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings.

Federal Register, Volume 82 Issue 114 (Thursday, June 15, 2017)
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27428-27430]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 lakeman.sean@epa.gov.

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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]
BILLING CODE 6560-50-P



                                             27428              Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations

                                             U.S. Copyright Office Practices, Third                  ENVIRONMENTAL PROTECTION                               Environmental Protection Agency,
                                             Edition.                                                AGENCY                                                 Region 4, 61 Forsyth Street SW.,
                                                (5) The appropriate filing fee, as                                                                          Atlanta, Georgia 30303–8960. EPA
                                                                                                     40 CFR Part 52                                         requests that if at all possible, you
                                             required by § 201.3(c) of this chapter,
                                             must be included with the application                   [EPA–R04–OAR–2016–0748; FRL–9963–48–                   contact the person listed in the FOR
                                                                                                     Region 4]                                              FURTHER INFORMATION CONTACT section to
                                             or charged to an active deposit account.
                                                                                                                                                            schedule your inspection. The Regional
                                             At the Office’s discretion, the applicant
                                                                                                     Air Plan Approvals; TN; Prong 4–2010                   Office’s official hours of business are
                                             may be required to pay an additional fee                                                                       Monday through Friday 8:30 a.m. to
                                                                                                     NO2, SO2, and 2012 PM2.5 NAAQS
                                             to make a copy of the certificate of                                                                           4:30 p.m., excluding federal holidays.
                                             registration for the basic registration that            AGENCY:  Environmental Protection
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                             will be corrected or amplified by the                   Agency.
                                                                                                                                                            Sean Lakeman of the Air Regulatory
                                             supplementary registration.                             ACTION: Final rule.
                                                                                                                                                            Management Section, Air Planning and
                                                (6) Copies, phonorecords, or                         SUMMARY:   The Environmental Protection                Implementation Branch, Air, Pesticides
                                             supporting documents cannot be made                     Agency (EPA) is conditionally                          and Toxics Management Division, U.S.
                                             part of the record for a supplementary                  approving the visibility transport (prong              Environmental Protection Agency,
                                             registration and should not be submitted                4) portions of revisions to the Tennessee              Region 4, 61 Forsyth Street SW.,
                                             with the application.                                   State Implementation Plan (SIP),                       Atlanta, Georgia 30303–8960. Mr.
                                                (7) In an exceptional case, the                      submitted by the Tennessee Department                  Lakeman can be reached by telephone at
                                             Copyright Office may waive the                          of Environment and Conservation                        (404) 562–9043 or via electronic mail at
                                             requirements set forth in paragraph                     (TDEC), addressing the Clean Air Act                   lakeman.sean@epa.gov.
                                             (e)(1) of this section, subject to such                 (CAA or Act) infrastructure SIP                        SUPPLEMENTARY INFORMATION:
                                             conditions as the Associate Register and                requirements for the 2010 1-hour                       I. Background
                                             Director of the Office of Registration                  Nitrogen Dioxide (NO2), 2010 1-hour
                                                                                                     Sulfur Dioxide (SO2), and 2012 annual                     By statute, SIPs meeting the
                                             Policy and Practice may impose on the
                                                                                                     Fine Particulate Matter (PM2.5) National               requirements of sections 110(a)(1) and
                                             applicant.                                                                                                     (2) of the CAA are to be submitted by
                                                                                                     Ambient Air Quality Standards
                                                (f) Effect of supplementary                          (NAAQS). The CAA requires that each                    states within three years after
                                             registration. (1) When the Copyright                    state adopt and submit a SIP for the                   promulgation of a new or revised
                                             Office completes a supplementary                        implementation, maintenance, and                       NAAQS to provide for the
                                             registration, it will issue a certificate of            enforcement of each NAAQS                              implementation, maintenance, and
                                             supplementary registration bearing a                    promulgated by EPA, commonly                           enforcement of the new or revised
                                             new registration number in the                          referred to as an ‘‘infrastructure SIP.’’              NAAQS. EPA has historically referred to
                                             appropriate class. The Office will cross-               Specifically, EPA is conditionally                     these SIP submissions made for the
                                             reference the records for the basic                     approving the prong 4 portions of                      purpose of satisfying the requirements
                                             registration and the supplementary                      Tennessee’s March 13, 2014, 2010 1-                    of sections 110(a)(1) and 110(a)(2) as
                                             registration by placing a note in each                  hour NO2 and 2010 1-hour SO2                           ‘‘infrastructure SIP’’ submissions.
                                             record that identifies the registration                 infrastructure SIP submission and                      Sections 110(a)(1) and (2) require states
                                             number and effective date of registration               December 16, 2015, 2012 annual PM2.5                   to address basic SIP elements such as
                                             for the related registration.                           infrastructure SIP submission. All other               for monitoring, basic program
                                                                                                     applicable infrastructure requirements                 requirements, and legal authority that
                                                (2) As provided in section 408(d) of                                                                        are designed to assure attainment and
                                                                                                     for these SIP submissions have been or
                                             title 17 of the United States Code, the                                                                        maintenance of the newly established or
                                                                                                     will be addressed in separate
                                             information contained in a                                                                                     revised NAAQS. More specifically,
                                                                                                     rulemakings.
                                             supplementary registration augments                                                                            section 110(a)(1) provides the
                                             but does not supersede that contained in                DATES:   This rule is effective July 17,               procedural and timing requirements for
                                             the basic registration. The basic                       2017.                                                  infrastructure SIPs. Section 110(a)(2)
                                             registration will not be expunged or                    ADDRESSES:    EPA has established a                    lists specific elements that states must
                                             cancelled.                                              docket for this action under Docket                    meet for the infrastructure SIP
                                                Dated: May 31, 2017.                                 Identification No. EPA–R04–OAR–                        requirements related to a newly
                                                                                                     2016–0748. All documents in the docket                 established or revised NAAQS. The
                                             Karyn Temple Claggett,
                                                                                                     are listed on the www.regulations.gov                  contents of an infrastructure SIP
                                             Acting Register of Copyrights and Director              Web site. Although listed in the index,                submission may vary depending upon
                                             of the U.S. Copyright Office.                           some information may not be publicly                   the data and analytical tools available to
                                                Approved by:                                         available, i.e., Confidential Business                 the state, as well as the provisions
                                             Carla D. Hayden,                                        Information or other information whose                 already contained in the state’s
                                             Librarian of Congress.
                                                                                                     disclosure is restricted by statute.                   implementation plan at the time in
                                                                                                     Certain other material, such as                        which the state develops and submits
                                             [FR Doc. 2017–12453 Filed 6–14–17; 8:45 am]
                                                                                                     copyrighted material, is not placed on                 the submission for a new or revised
                                             BILLING CODE 1410–30–P                                  the Internet and will be publicly                      NAAQS.
                                                                                                     available only in hard copy form.                         Section 110(a)(2)(D) has two
pmangrum on DSK3GDR082PROD with RULES




                                                                                                     Publicly available docket materials are                components: 110(a)(2)(D)(i) and
                                                                                                     available either electronically through                110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
                                                                                                     www.regulations.gov or in hard copy at                 includes four distinct components,
                                                                                                     the Air Regulatory Management Section,                 commonly referred to as ‘‘prongs,’’ that
                                                                                                     Air Planning and Implementation                        must be addressed in infrastructure SIP
                                                                                                     Branch, Air, Pesticides and Toxics                     submissions. The first two prongs,
                                                                                                     Management Division, U.S.                              which are codified in section


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                                                                Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations                                          27429

                                             110(a)(2)(D)(i)(I), are provisions that                 aforementioned infrastructure SIP                      III. Statutory and Executive Order
                                             prohibit any source or other type of                    revisions.                                             Reviews
                                             emissions activity in one state from                       In its commitment letter, Tennessee                    Under the CAA, the Administrator is
                                             contributing significantly to                           commits to submit an infrastructure SIP                required to approve a SIP submission
                                             nonattainment of the NAAQS in another                   revision, within one year of final                     that complies with the provisions of the
                                             state (prong 1) and from interfering with               conditional approval, that will satisfy                Act and applicable federal regulations.
                                             maintenance of the NAAQS in another                     the prong 4 requirements for the 2010 1-               See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             state (prong 2). The third and fourth                   hour NO2 NAAQS, 2010 1-hour SO2                        Thus, in reviewing SIP submissions,
                                             prongs, which are codified in section                   NAAQS, and 2012 annual PM2.5                           EPA’s role is to approve state choices,
                                             110(a)(2)(D)(i)(II), are provisions that                NAAQS through reliance on a fully-                     provided that they meet the criteria of
                                             prohibit emissions activity in one state                approved regional haze SIP or through                  the CAA. Accordingly, this action
                                             from interfering with measures required                 an analysis showing that emissions from                merely approves state law as meeting
                                             to prevent significant deterioration of air             sources in Tennessee will not interfere                federal requirements and does not
                                             quality in another state (prong 3) or                   with the attainment of the reasonable                  impose additional requirements beyond
                                             from interfering with measures to                       progress goals of other states. If the                 those imposed by state law. For that
                                             protect visibility in another state (prong              revised infrastructure SIP revision relies             reason, this action:
                                             4). Section 110(a)(2)(D)(ii) requires SIPs              on a fully-approved regional haze SIP                     • Is not a ‘‘significant regulatory
                                             to include provisions insuring                          revision to satisfy prong 4 requirements,              action’’ subject to review by the Office
                                             compliance with sections 115 and 126                    Tennessee also commits to providing                    of Management and Budget under
                                             of the Act, relating to interstate and                  the necessary regional haze SIP revision               Executive Orders 12866 (58 FR 51735,
                                             international pollution abatement.                      to EPA within one year of EPA’s final                  October 4, 1993) and 13563 (76 FR 3821,
                                                                                                     conditional approval.                                  January 21, 2011);
                                                Tennessee’s March 13, 2014, 2010 1-                                                                            • Does not impose an information
                                             hour NO2 and 2010 1-hour SO2                               If Tennessee meets its commitment
                                                                                                     within one year of final conditional                   collection burden under the provisions
                                             submission cites to the State’s regional                                                                       of the Paperwork Reduction Act (44
                                             haze SIP and Clean Air Interstate Rule                  approval, the prong 4 portions of the
                                                                                                     conditionally approved infrastructure                  U.S.C. 3501 et seq.);
                                             (CAIR) SIP as satisfying prong 4                                                                                  • Is certified as not having a
                                             requirements.1 In its December 16, 2015,                SIP submissions will remain a part of
                                                                                                     the SIP until EPA takes final action                   significant economic impact on a
                                             2012 annual PM2.5 submission, the State                                                                        substantial number of small entities
                                                                                                     approving or disapproving the new SIP
                                             notes that it is developing a regional                                                                         under the Regulatory Flexibility Act (5
                                                                                                     revision(s). However, if the State fails to
                                             haze SIP revision with the intent to                                                                           U.S.C. 601 et seq.);
                                                                                                     submit these revisions within the one-
                                             obtain a fully-approved regional haze                   year timeframe, the conditional                           • Does not contain any unfunded
                                             SIP and that Tennessee’s SIP will be                    approval will automatically become a                   mandate or significantly or uniquely
                                             adequate with regard to prong 4 if EPA                  disapproval one year from EPA’s final                  affect small governments, as described
                                             approves that revision. As explained in                 conditional approval and EPA will issue                in the Unfunded Mandates Reform Act
                                             a notice of proposed rulemaking                         a finding of disapproval. EPA is not                   of 1995 (Pub. L. 104–4);
                                             (NPRM) published on March 2, 2017 (82                   required to propose the finding of                        • Does not have Federalism
                                             FR 12328), EPA has not yet fully                        disapproval. If the conditional approval               implications as specified in Executive
                                             approved Tennessee’s existing regional                  is converted to a disapproval, the final               Order 13132 (64 FR 43255, August 10,
                                             haze SIP because the SIP relies on CAIR                 disapproval triggers the FIP requirement               1999);
                                             to satisfy the nitrogen oxides (NOX) and                under CAA section 110(c).                                 • Is not an economically significant
                                             SO2 Best Available Retrofit Technology                                                                         regulatory action based on health or
                                                                                                        In the March 2, 2017, NPRM, EPA                     safety risks subject to Executive Order
                                             (BART) requirements for the CAIR-
                                                                                                     proposed to conditionally approve the                  13045 (62 FR 19885, April 23, 1997);
                                             subject electric generating units (EGUs)
                                                                                                     prong 4 portions of the aforementioned                    • Is not a significant regulatory action
                                             in the State and the requirement for a
                                                                                                     infrastructure SIP submissions. The                    subject to Executive Order 13211 (66 FR
                                             long-term strategy sufficient to achieve
                                                                                                     NPRM provides additional detail                        28355, May 22, 2001);
                                             the state-adopted reasonable progress                   regarding the rationale for EPA’s action,
                                             goals.2 Therefore, on December 7, 2016,                                                                           • Is not subject to requirements of
                                                                                                     including further discussion of the                    section 12(d) of the National
                                             Tennessee submitted a commitment                        prong 4 requirements and the basis for
                                             letter to EPA requesting conditional                                                                           Technology Transfer and Advancement
                                                                                                     Tennessee’s commitment letter.                         Act of 1995 (15 U.S.C. 272 note) because
                                             approval of the prong 4 portions of the                 Comments on the proposed rulemaking                    application of those requirements would
                                                                                                     were due on or before April 3, 2017.                   be inconsistent with the CAA; and
                                                1 In its March 13, 2014, submission, Tennessee
                                                                                                     EPA received no adverse comments on                       • Does not provide EPA with the
                                             states that its regional haze SIP and its ‘‘CAIR SIP
                                             are sufficient to ensure emissions within its           the proposed action.                                   discretionary authority to address, as
                                             jurisdiction do not interfere with other agencies’
                                                                                                     II. Final Action                                       appropriate, disproportionate human
                                             plans to protect visibility.’’ However, as Tennessee                                                           health or environmental effects, using
                                             notes in its submittal, a state’s infrastructure SIP
                                             submission can satisfy prong 4 solely through             As described above, EPA is                           practicable and legally permissible
                                             confirmation that the state has a fully approved        conditionally approving the prong 4                    methods, under Executive Order 12898
                                             regional haze SIP.                                      portions of Tennessee’s March 13, 2014,                (59 FR 7629, February 16, 1994).
                                                2 CAIR, promulgated in 2005, required 27 states
                                                                                                     2010 1-hour NO2 and 2010 1-hour SO2                       The SIP is not approved to apply on
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                                             and the District of Columbia to reduce emissions of
                                             NOX and SO2 that significantly contribute to, or
                                                                                                     infrastructure SIP submission and                      any Indian reservation land or in any
                                             interfere with maintenance of, the 1997 NAAQS for       December 16, 2015, 2012 PM2.5                          other area where EPA or an Indian tribe
                                             fine particulates and/or ozone in any downwind          infrastructure SIP submission. All other               has demonstrated that a tribe has
                                             state. CAIR imposed specified emissions reduction       outstanding applicable infrastructure                  jurisdiction. In those areas of Indian
                                             requirements on each affected State, and
                                             established several EPA-administered cap and trade
                                                                                                     requirements for these SIP submissions                 country, the rule does not have tribal
                                             programs for EGUs that States could join as a means     have been or will be addressed in                      implications as specified by Executive
                                             to meet these requirements.                             separate rulemakings.                                  Order 13175 (65 FR 67249, November 9,


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                                             27430              Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations

                                             2000), nor will it impose substantial                   Implementation Plan deficiencies                       Washington, DC 20003, or by telephone
                                             direct costs on tribal governments or                   regarding requirements of Clean Air Act                at 202–912–7311. For questions relating
                                             preempt tribal law.                                     section 110(a)(2)(D)(i)(II) related to                 to regulatory process issues, contact
                                                The Congressional Review Act, 5                      interference with measures to protect                  Faith Bremner at 202–912–7441.
                                             U.S.C. 801 et seq., as added by the Small               visibility in another state (prong 4) for                 Persons who use a
                                             Business Regulatory Enforcement                         the 2010 1-hour NO2, 2010 1-hour SO2,                  telecommunications device for the deaf
                                             Fairness Act of 1996, generally provides                and 2012 annual PM2.5 NAAQS. EPA                       (TDD) may call the Federal Relay
                                             that before a rule may take effect, the                 conditionally approved the prong 4                     Service (FRS) at 1–800–877–8339 to
                                             agency promulgating the rule must                       portions of Tennessee’s March 13, 2014,                contact these individuals during normal
                                             submit a rule report, which includes a                  2010 1-hour NO2 and 2010 1-hour SO2                    business hours. FRS is available 24
                                             copy of the rule, to each House of the                  infrastructure SIP submission and                      hours a day, 7 days a week to leave a
                                             Congress and to the Comptroller General                 December 16, 2015, 2012 annual PM2.5                   message or question with these
                                             of the United States. EPA will submit a                 infrastructure SIP submission in an                    individuals. You will receive a reply
                                             report containing this action and other                 action published in the Federal Register               during normal business hours.
                                             required information to the U.S. Senate,                on June 15, 2017. If Tennessee fails to                SUPPLEMENTARY INFORMATION:
                                             the U.S. House of Representatives, and                  meet its commitment by June 15, 2018,
                                             the Comptroller General of the United                                                                          I. Background
                                                                                                     the conditional approval will
                                             States prior to publication of the rule in              automatically become a disapproval on                     On November 18, 2016, the BLM
                                             the Federal Register. A major rule                      that date and EPA will issue a finding                 published the Waste Prevention Rule.
                                             cannot take effect until 60 days after it               of disapproval.                                        (81 FR 83008) The Rule addresses,
                                             is published in the Federal Register.                                                                          among other things, the loss of natural
                                                                                                     [FR Doc. 2017–12342 Filed 6–14–17; 8:45 am]
                                             This action is not a ‘‘major rule’’ as                                                                         gas through venting, flaring, and leaks
                                                                                                     BILLING CODE 6560–50–P
                                             defined by 5 U.S.C. 804(2).                                                                                    during the production of Federal and
                                                Under section 307(b)(1) of the CAA,                                                                         Indian oil and gas. The Rule replaced
                                             petitions for judicial review of this                                                                          Notice to Lessees and Operators of
                                             action must be filed in the United States               DEPARTMENT OF THE INTERIOR                             Onshore Federal and Indian Oil and Gas
                                             Court of Appeals for the appropriate                                                                           Leases, Royalty or Compensation for Oil
                                             circuit by August 14, 2017. Filing a                    Bureau of Land Management                              and Gas Lost (1980) (‘‘NTL–4A’’), which
                                             petition for reconsideration by the                                                                            governed the venting and flaring of
                                             Administrator of this final rule does not               43 CFR Part 3170                                       Federal and Indian gas for more than
                                             affect the finality of this action for the              [17X.LLWO310000.L13100000.PP0000]                      three decades. In addition to updating
                                             purposes of judicial review nor does it                                                                        and revising the requirements of NTL–
                                             extend the time within which a petition                 RIN 1004–AE14                                          4A, the Rule contained new
                                             for judicial review may be filed, and                                                                          requirements that operators capture a
                                             shall not postpone the effectiveness of                 Waste Prevention, Production Subject                   certain percentage of the gas they
                                             such rule or action. This action may not                to Royalties, and Resource                             produce (43 CFR 3179.7), measure
                                             be challenged later in proceedings to                   Conservation; Postponement of                          flared volumes (43 CFR 3179.9),
                                             enforce its requirements. See section                   Certain Compliance Dates                               upgrade or replace pneumatic
                                             307(b)(2).                                              AGENCY:   Bureau of Land Management,                   equipment (43 CFR 3179.201–179.202),
                                                                                                     Interior.                                              capture or combust storage tank vapors
                                             List of Subjects in 40 CFR Part 52                                                                             (43 CFR 3179.203), and implement leak
                                                                                                     ACTION: Notification; postponement of
                                               Environmental protection, Air                                                                                detection and repair (LDAR) programs
                                             pollution control, Incorporation by                     compliance dates.                                      (43 CFR 3179.301–.305). The Rule did
                                             reference, Intergovernmental relations,                 SUMMARY:    On November 18, 2016, the                  not obligate operators to comply with
                                             Nitrogen dioxide, Ozone, Particulate                    Bureau of Land Management (BLM)                        these new requirements until January
                                             matter, Reporting and recordkeeping                     issued a final rule entitled, ‘‘Waste                  17, 2018. Compliance with certain other
                                             requirements, Volatile organic                          Prevention, Production Subject to                      provisions of the Rule is already
                                             compounds.                                              Royalties, and Resource Conservation’’                 mandatory, including the requirement
                                               Dated: May 25, 2017.                                  (the ‘‘Waste Prevention Rule’’ or                      that operators submit a ‘‘waste
                                             V. Anne Heard,                                          ‘‘Rule’’). Immediately after the Waste                 minimization plan’’ with applications
                                                                                                     Prevention Rule was issued, petitions                  for permits to drill (43 CFR 3162.3–1),
                                             Acting Regional Administrator, Region 4.
                                                                                                     for judicial review of the Rule were filed             new regulations for the royalty-free use
                                                 40 CFR part 52 is amended as follows:                                                                      of production (43 CFR subpart 3178),
                                                                                                     by industry groups and States with
                                                                                                     significant BLM-managed Federal and                    new regulatory definitions of
                                             PART 52—APPROVAL AND                                                                                           ‘‘unavoidably lost’’ and ‘‘avoidably lost’’
                                             PROMULGATION OF                                         Indian minerals. This litigation has been
                                                                                                                                                            oil and gas (43 CFR 3179.4), limits on
                                             IMPLEMENTATION PLANS                                    consolidated and is now pending in the
                                                                                                                                                            venting and flaring during drilling and
                                                                                                     U.S. District Court for the District of
                                               1. The authority citation for part 52                                                                        production operations (43 CFR
                                             ■                                                       Wyoming. In light of the existence and
                                             continues to read as follows:                                                                                  3179.101–179.105), and requirements
                                                                                                     potential consequences of the pending
                                                                                                                                                            for downhole well maintenance and
                                                 Authority: 42 U.S.C. 7401 et seq.                   litigation, the BLM has concluded that
                                                                                                                                                            liquids unloading (43 CFR 3179.204).
                                                                                                     justice requires it to postpone the                       Immediately after the Rule was
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                                             Subpart RR—Tennessee                                    compliance dates for certain sections of               issued, petitions for judicial review of
                                                                                                     the Rule pursuant to the Administrative                the Rule were filed by industry groups
                                             ■   2. Add § 52.2219 to read as follows:                Procedure Act, pending judicial review.                and States with significant BLM-
                                             § 52.2219    Conditional approval.                      DATES: June 15, 2017.                                  managed Federal and Indian minerals.
                                               Tennessee submitted a letter to EPA                   FOR FURTHER INFORMATION CONTACT:                       The petitioners in this litigation are the
                                             on December 7, 2016, with a                             Timothy Spisak at the BLM Washington                   Western Energy Alliance (WEA), the
                                             commitment to address the State                         Office, 20 M Street SE., Room 2134 LM,                 Independent Petroleum Association of


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Document Created: 2017-06-15 01:03:31
Document Modified: 2017-06-15 01:03:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 17, 2017.
ContactSean 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]
FR Citation82 FR 27428 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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