
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Proposed Rules]
[Pages 71568-71572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0237; FRL-9757-2]


Approval and Promulgation of Implementation Plans; Tennessee; 
Interstate Transport Infrastructure Requirements (Prevention of 
Significant Deterioration) for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposed rule.

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SUMMARY: EPA is proposing to conditionally approve the State 
Implementation Plan (SIP) submission, submitted by the State of 
Tennessee through the Tennessee Department of Environment and 
Conservation (TDEC). This proposal pertains to the Clean Air Act (CAA) 
requirements pertaining to prevention of significant deterioration 
(PSD) (concerning the PM2.5 increments) for the for the 2008 
8-hour ozone national ambient air quality standards (NAAQS) 
infrastructure SIPs. 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. TDEC certified that the Tennessee SIP contains 
provisions that ensure the 2008 8-hour ozone NAAQS are implemented, 
enforced, and maintained in Tennessee (hereafter referred to as 
``infrastructure submission''). EPA is proposing to supplement the 
earlier proposed approval related to sections related to prevention of 
significant deterioration (PSD) (concerning the PM2.5 
increments) by proposing conditional approval of the State's 
infrastructure submission based upon a October 4, 2012, commitment by 
the State to submit a SIP revision to address current deficiencies in 
these sections. EPA is proposing to conditionally approve these 
sections related to PSD because the current Tennessee SIP does not 
include provisions to fully comply with the requirements of these 
sections. All of the other required infrastructure elements for the 
2008 8-hour ozone NAAQS are being addressed in a separate rulemaking.

DATES: Written comments must be received on or before December 24, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0237, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0237,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0237. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at

[[Page 71569]]

www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9140. Ms. Ward can be reached via electronic mail at 
ward.nacosta@epa.gov.

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. Scope of Infrastructure SIPs
IV. What is EPA's analysis of how tennessee addressed sections 
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) 
``infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On March 27, 2008, EPA promulgated a new NAAQS for ozone based on 
8-hour average concentrations. EPA revised the level of the 8-hour 
standard to 0.075 parts per million (ppm). See 77 FR 16436. Pursuant to 
section 110(a)(1) of the CAA, states are required to submit SIPs 
meeting the requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS. Section 110(a)(2) requires 
states to address basic SIP requirements, including emissions 
inventories, monitoring, and modeling to assure attainment and 
maintenance of the NAAQS. States were required to submit such SIPs for 
the 2008 8-hour ozone NAAQS to EPA no later than March 2011.
    Midwest Environmental Defense and Sierra Club submitted a complaint 
on November 20, 2011, related to EPA's failure to issue findings of 
failure to submit related to the infrastructure requirements for the 
2008 8-hour ozone NAAQS. On December 13, 2011, and March 6, 2012, 
Midwest Environmental Defense and Sierra Club submitted amended 
complaints for failure to promulgate prevention of significant 
deterioration (PSD) regulations within two years and failure to approve 
or disapprove SIP submittals, and to remove claims regarding states 
that have submitted SIPs for the 2008 8-hour ozone NAAQS, respectively. 
Tennessee was among the states named in the November 2011 complaint, 
and the December 2011 and March 2012 amended complaints. Specifically, 
the plaintiffs claim that EPA has failed to perform its mandatory duty 
by not approving in full, disapproving in full, or approving in part 
and disapproving in part Tennessee's 2008 ozone infrastructure SIP 
addressing sections 110(a)(2)(A)-(H) and (J)-(M) by no later than April 
19, 2011.
    Tennessee's infrastructure submission was received by EPA on 
October 19, 2009, for the 2008 8-hour ozone NAAQS. The submission was 
determined to be complete on April 19, 2010. On July 3, 2012, Tennessee 
submitted a letter to EPA withdrawing the portion of its October 19, 
2009, SIP submission that purported to address the requirements related 
to section 110(a)(2)(D)(i)(I) interstate transport. On August 22, 2012, 
EPA proposed approval of Tennessee's 2008 8-hour ozone infrastructure 
SIP, with the exception of section 110(a)(2)(D)(i)(I).\1\ See 77 FR 
50651. The proposed approval included sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J); however, it was subsequently 
found that Tennessee's SIP did not contain all of the requisite 
provisions in its SIP necessary to fully approve these elements. The 
deficient portion of Tennessee's SIP pertains to PM2.5 PSD 
increments.
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    \1\ Section 110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS 
will be addressed through a separate rulemaking.
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    On October 4, 2012, Tennessee submitted a request for conditional 
approval of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) with respect to 
the PSD requirements (hereafter referred to as prong 3 of 
110(a)(2)(D)(i)),\2\ and 110(a)(2)(J) to address the SIP deficiencies 
concerning PM2.5 PSD increments for these elements. Today's 
action proposes conditional approval for these sections based upon a 
commitment by Tennessee to submit the necessary SIP revisions to 
address PM2.5 PSD increments for the 2008 8-hour ozone 
NAAQS.
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    \2\ Section 110(a)(2)(D)(i) includes four requirements referred 
to as prongs 1 through 4. Prongs 1 and 2 are provided at section 
110(a)(2)(D)(i)(I); prongs 3 and 4 are provided at section 
110(a)(2)(D)(i)(II).
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II. What elements are required under sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP

[[Page 71570]]

submissions may also vary depending upon what provisions the state's 
existing SIP already contains. In the case of the 2008 8-hour ozone 
NAAQS, states typically have met the basic program elements required in 
section 110(a)(2) through earlier SIP submissions in connection with 
the 1997 8-hour ozone NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned above, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements that are the 
subject of this proposed rulemaking are listed below.\3\
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    \3\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA; and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\4\
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    \4\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.\5\
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    \5\ Today's proposed rulemaking does not address element 
110(a)(2)(D)(i)(I) (Interstate Transport) for the 2008 8-hour ozone 
NAAQS. Interstate transport requirements were formerly addressed by 
Tennessee consistent with the Clean Air Interstate Rule (CAIR) for 
the 1997 8-hour ozone NAAQS. On December 23, 2008, CAIR was remanded 
by the D.C. Circuit Court of Appeals, without vacatur, back to EPA. 
See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). Prior to 
this remand, EPA took final action to approve Tennessee's SIP 
revision, which was submitted to comply with CAIR. See 72 FR 46388 
(August 20, 2007). In so doing, Tennessee's CAIR SIP revision 
addressed the interstate transport provisions in section 
110(a)(2)(D)(i)(I) for the 1997 8-hour ozone NAAQS. In response to 
the remand of CAIR, EPA has promulgated a new rule to address 
interstate transport. See 76 FR 48208 (August 8, 2011) (the 
Transport Rule). That rule was recently vacated by the D.C. Circuit 
Court of Appeals. As a result of both the remand of CAIR and vacatur 
of the Transport Rule, Tennessee has not yet made a submission to 
address interstate transport. EPA's action on element 
110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS will be addressed 
in a separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\6\
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    \6\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

III. Scope of Infrastructure SIPs

    EPA notes that this rulemaking does not address four substantive 
issues that are not integral to the state's infrastructure SIP 
submission. These four issues are: (i) Existing provisions related to 
excess emissions during periods of start-up, shutdown, or malfunction 
at sources (SSM), that may be contrary to the CAA and EPA's policies 
addressing such excess emissions; (ii) existing provisions related to 
``director's variance'' or ``director's discretion'' that purport to 
permit revisions to SIP approved emissions limits with limited public 
process or without requiring further approval by EPA, that may be 
contrary to the CAA (director's discretion); (iii) existing provisions 
for minor source new source review (NSR) programs that may be 
inconsistent with the requirements of the CAA and EPA's regulations 
that pertain to such programs (minor source NSR); and, (iv) existing 
provisions for PSD programs that may be inconsistent with current 
requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 
(December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (NSR 
Reform).
    Instead, EPA has indicated that it has other authority to address 
any such existing SIP defects in other rulemakings, as appropriate. A 
detailed rationale for why these four substantive issues are not part 
of the scope of infrastructure SIP rulemakings can be found in EPA's 
June 11, 2012, proposed rule entitled, ``Approval and Promulgation of 
Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure 
Requirements for the 1997 and 2006 Fine Particulate Matter National 
Ambient Air Quality Standards'' in the section entitled, ``Scope of 
Infrastructure SIPs'' (See 77 FR 34306). It can also be found in EPA's 
August 22, 2012, proposed rule entitled, ``Approval and Promulgation of 
Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure 
Requirements for the 2008 8-Hour Ozone Matter National Ambient Air 
Quality Standards'' in the section entitled, ``Scope of Infrastructure 
SIPs.'' See 77 FR 50651.

IV. What is EPA's analysis of how Tennessee addressed sections 
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) 
``infrastructure'' provisions?

    In this action, EPA is proposing to conditionally approve 
Tennessee's infrastructure SIP for the following infrastructure 
sections for the 2008 8-hour ozone NAAQS: (1) Section 110(a)(2)(C) to 
include a program in the SIP that regulates the modification and 
construction of any stationary source as necessary to assure that the 
NAAQS are achieved, (2) prong 3 of section 110(a)(2)(D)(i) to include 
adequate provisions prohibiting any source or other type of emissions 
activity within the State from emitting any air pollutant in amount 
which will interfere with measure required to be include in the 
applicable SIP for any State necessary to prevent significant 
deterioration, and (3) section 110(a)(2)(J) to include a program in the 
SIP that regulates the modification and construction of any stationary 
source as necessary to assure that the NAAQS are achieved.
    There are four revisions to the Tennessee SIP that are necessary to 
meet the requirements of infrastructure requirements of sections 
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J). These four 
revisions are related to (1) the Ozone Implementation NSR Update 
(November 29, 2005, 70 FR 71612), (2) the ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (June 3, 
2010, 75 FR 31514), (3) the NSR PM2.5 Rule (May 16, 2008, 73 
FR 28321), and (4) the portion of the final rulemaking entitled ``Final 
Rule Prevention of Significant Deterioration (PSD) for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5)--Increments, 
Significant Impact Levels (SILs) and Significant Monitoring 
Concentration (SMC): Final Rule'' that relates to the PM2.5 
PSD increments requirements (hereafter referred to as the 
PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to 
PM2.5 PSD Increments) (75 FR 64864).

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    Tennessee's Ozone Implementation NSR Update revision was submitted 
by TDEC on May 28, 2009, and approved by EPA on February 7, 2012. See 
77 FR 6016. Tennessee submitted its Greenhouse Gas (GHG) Tailoring 
Rule, to EPA on January 11, 2012, and EPA approved it on February 28, 
2012. See 77 FR 11744. Tennessee submitted its NNSR requirements 
related to the implementation of the NSR PM2.5 Rule on July 
29, 2011, and EPA approved this revision on July 30, 2012. See 77 FR 
44481. On October 4, 2012, Tennessee submitted a letter to EPA 
requesting conditional approval of specific enforceable measures 
related to 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) 
concerning the October 20, 2010, PSD PM2.5 Increments, SILs 
and SMC Rule because Tennessee's SIP does not currently contain 
provisions to address requirements associated with PM2.5 
increments. Tennessee's October 4, 2012, letter to EPA contained a 
schedule and commitment to provide the necessary SIP revision to 
address its SIP deficiencies related to the PM2.5 
increments. Today's conditional approval applies only to the 
PM2.5 increments portion of the PM2.5 Increments, 
SILs and SMC Rule. The PM2.5 Increments, SILs and SMC Rule 
provided additional regulatory requirements under the PSD program 
regarding the implementation of the PM2.5 NAAQS for NSR by 
specifically establishing PM2.5 increments pursuant to 
section 166(a) of the CAA to prevent significant deterioration of air 
quality in areas meeting the NAAQS. The letter can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0237. The four 
SIP revisions outlined above \7\ address the requisite requirements of 
sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) and 
are necessary for approval of these infrastructure requirements.
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    \7\ (1) EPA's approval of Tennessee's PSD/NSR regulations which 
address the Ozone Implementation NSR Update requirements, (2) EPA's 
approval of Tennessee's PSD GHG Tailoring Rule revisions which 
addresses the thresholds for GHG permitting applicability in 
Tennessee, (3) EPA's approval of Tennessee's NSR PM2.5 
Rule, which adopts required federal PSD and NNSR permitting 
provisions governing the implementation of the NSR program for 
PM2.5 as promulgated in the NSR PM2.5 Rule, 
and (4) EPA's proposed conditional approval of Tennessee's PSD 
PM2.5 Increments, SILs, and SMC rulemaking to the extent 
it addresses the PM2.5 Increments portion of the 
PM2.5 PSD Increment-SILs-SMC Rule..
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    In accordance with section 110(k)(4) of the CAA, EPA is proposing 
to conditionally approve these sections based upon a commitment from 
Tennessee that the State will submit a SIP revision addressing the 
increments associated with the PM2.5 PSD Increment-SILs-SMC 
Rule (only as it relates to PM2.5 Increments) to EPA for 
approval within one year from EPA's final conditional approval action. 
In its October 4, 2012, letter, TDEC committed to adopt the above-
specified provisions and submit them to EPA for incorporation into the 
SIP by no later than one year from the publication date of EPA's final 
conditional approval action for that requirement. Failure by the State 
to adopt these provisions and submit them to EPA for incorporation into 
the SIP within one year from the effective date of EPA's final 
conditional approval action would result in this proposed conditional 
approval being treated as a disapproval. Should that occur, EPA would 
provide the public with notice of such a disapproval in the Federal 
Register.\8\
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    \8\ EPA notes that pursuant to section 110(k)(4), a conditional 
approval is treated as a disapproval in the event that a State fails 
to comply with its commitment. Notification of this disapproval 
action in the Federal Register is not subject to public notice and 
comment.
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    As a result of Tennessee's formal commitment to correct the 
deficiency contained in the Tennessee SIP pertaining to 
PM2.5 PSD increments, EPA is proposing to conditionally 
approve sections 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 
110(a)(2)(J) requirements consistent with section 110(k)(4) of the Act.

V. Proposed Action

    As described above, EPA is proposing to conditionally approve 
Tennessee's infrastructure submissions pertaining to sections 
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), 110(a)(2)(J) related to PSD, 
provided to EPA on October 4, 2012, as addressing the infrastructure 
requirements for the 2008 8-hour ozone NAAQS. Specifically, this 
conditional approval is based upon Tennessee's commitment that TDEC 
will provide the necessary SIP revision to address its SIP deficiencies 
related to the October 20, 2010, final rulemaking related to PSD 
PM2.5 Increments. EPA is proposing to conditionally approve 
Tennessee's SIP submission consistent with section 110(k)(4) of the 
CAA.

VI. 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 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

[[Page 71572]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 21, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-29107 Filed 11-30-12; 8:45 am]
BILLING CODE 6560-50-P


