Proposed Rule2022-28656
Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen Oxides SIP Call Alternative Monitoring
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to conditionally approve a source-specific State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), through a letter dated August 11, 2021, which establishes alternative monitoring and reporting requirements under the Nitrogen Oxides (NO<INF>X</INF>) SIP Call.
Full Text
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<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
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[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Pages 1533-1537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28656]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0158; FRL-10541-01-R4]
Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen
Oxides SIP Call Alternative Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a source-specific
[[Page 1534]]
State Implementation Plan (SIP) revision submitted by the State of
Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), through a letter dated August 11, 2021, which
establishes alternative monitoring and reporting requirements under the
Nitrogen Oxides (NO<INF>X</INF>) SIP Call.
DATES: Comments must be received on or before February 10, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0158 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#d5a6b6bab3bcb0b9b1fba6a1b0a3b095b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="8efdede1e8e7ebe2eaa0fdfaebf8ebceebfeefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called the good neighbor provision, states are required to address the
interstate transport of air pollution. Specifically, the good neighbor
provision requires that each state's implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the
state that will significantly contribute to nonattainment of the
national ambient air quality standards (NAAQS), or that will interfere
with maintenance of the NAAQS, in any other state.
On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NO<INF>X</INF> SIP Call). The NO<INF>X</INF> SIP
Call required eastern states, including Tennessee, to submit SIPs
limiting emissions of ozone season NO<INF>X</INF> by implementing
statewide emissions budgets. The NO<INF>X</INF> SIP Call addressed the
good neighbor provision for the 1979 ozone NAAQS and was designed to
mitigate the impact of transported NO<INF>X</INF> emissions, one of the
precursors of ozone.\1\ EPA developed the NO<INF>X</INF> Budget Trading
Program, an allowance trading program that states could adopt to meet
their obligations under the NO<INF>X</INF> SIP Call. This trading
program allowed the following sources to participate in a regional cap
and trade program: generally, electricity generating units (EGUs) with
capacity greater than 25 megawatts (MW); and large industrial non-EGUs,
such as boilers and combustion turbines, with a rated heat input
greater than 250 million British thermal units per hour (MMBtu/hr). The
NO<INF>X</INF> SIP Call also identified potential reductions from
cement kilns and stationary internal combustion engines.
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\1\ As originally promulgated, the NO<INF>X</INF> SIP Call also
addressed good neighbor obligations under the 1997 8-hour ozone
NAAQS, but EPA subsequently stayed and later rescinded the rule's
provisions with respect to that standard. See 65 FR 56245 (September
18, 2000); 84 FR 8422 (March 8, 2019).
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To comply with the NO<INF>X</INF> SIP Call requirements, in 2000
and 2001, TDEC submitted a revision to add new rule sections to the
SIP-approved version of Chapter 1200-3-27, Nitrogen Oxides, of the
Tennessee Rules. EPA approved the revision as compliant with Phase I of
the NO<INF>X</INF> SIP Call in 2004. See 69 FR 3015 (January 22, 2004).
The approved revision required EGUs and large non-EGUs in the State to
participate in the NO<INF>X</INF> Budget Trading Program beginning in
2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to
address additional emissions reductions required for the NO<INF>X</INF>
SIP Call under Phase II. See 70 FR 76408 (December 27, 2005).
In 2005, EPA published the Clean Air Interstate Rule (CAIR), which
required several eastern states, including Tennessee, to submit SIPs
that prohibited emissions consistent with revised ozone season
NO<INF>X</INF> budgets (as well as annual budgets for NO<INF>X</INF>
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR
25328 (April 28, 2006). CAIR addressed the good neighbor provision for
the 1997 ozone NAAQS and 1997 fine particulate matter
(PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact of
transported NO<INF>X</INF> emissions with respect to ozone and
PM<INF>2.5</INF>. CAIR established several trading programs that EPA
implemented through federal implementation plans (FIPs) for EGUs
greater than 25 MW in each affected state, but not large non-EGUs;
states could submit SIPs to replace the FIPs that achieved the required
emission reductions from EGUs and/or other types of sources.\2\ When
the CAIR trading program for ozone season NO<INF>X</INF> was
implemented beginning in 2009, EPA discontinued administration of the
NO<INF>X</INF> Budget Trading Program; however, the requirements of the
NO<INF>X</INF> SIP Call continued to apply.
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\2\ CAIR had separate trading programs for annual sulfur dioxide
(SO<INF>2</INF>) emissions, seasonal NO<INF>X</INF> emissions, and
annual NO<INF>X</INF> emissions.
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On November 25, 2009 (74 FR 61535), EPA approved revisions to
Tennessee's SIP that incorporated requirements for CAIR. Consistent
with CAIR's requirements, EPA approved a SIP revision in which
Tennessee regulations: (1) terminated its NO<INF>X</INF> Budget Trading
Program requirements, and (2) incorporated CAIR annual and ozone season
NO<INF>X</INF> state trading programs. See 74 FR 61535. Participation
of EGUs in the CAIR ozone season NO<INF>X</INF> trading program
addressed the State's obligation under the NO<INF>X</INF> SIP Call for
those units, and Tennessee also chose to require non-EGUs subject to
the NO<INF>X</INF> SIP Call to participate in the same CAIR trading
program. In this manner, Tennessee's CAIR rules incorporated into the
SIP addressed the State's obligations under the NO<INF>X</INF> SIP Call
with respect to both EGUs and non-EGUs.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented with the NO<INF>X</INF> annual and ozone season trading
programs beginning in 2009 and the SO<INF>2</INF> annual trading
program beginning in 2010.
Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-
[[Page 1535]]
State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations for the 1997 ozone NAAQS, the 1997
PM<INF>2.5</INF> NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. See 76 FR
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in eastern
states, including Tennessee, to meet annual and ozone season
NO<INF>X</INF> emission budgets and annual SO<INF>2</INF> emission
budgets implemented through new trading programs. Implementation of
CSAPR began on January 1, 2015.\3\ CSAPR also contained provisions that
would sunset CAIR-related obligations on a schedule coordinated with
the implementation of the CSAPR compliance requirements. Participation
by a state's EGUs in the CSAPR trading program for ozone season
NO<INF>X</INF> generally addressed the state's obligation under the
NO<INF>X</INF> SIP Call for EGUs. CSAPR did not initially contain
provisions allowing states to incorporate large non-EGUs into that
trading program to meet the requirements of the NO<INF>X</INF> SIP Call
for non-EGUs. EPA also stopped administering CAIR trading programs with
respect to emissions occurring after December 31, 2014.\4\
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\3\ See 79 FR 71663 (December 3, 2014).
\4\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
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Even though the CAIR programs have not been implemented in
Tennessee since 2014, ozone season NO<INF>X</INF> emissions have
remained well below the NO<INF>X</INF> SIP Call budget levels. Through
a letter to EPA dated February 27, 2017,\5\ Tennessee provided a SIP
revision to incorporate a new provision--TACPR 1200-03-27-.12,
``NO<INF>X</INF> SIP Call Requirements for Stationary Boilers and
Combustion Turbines'' (TN 2017 NO<INF>X</INF> SIP Call Rule)--into the
SIP. The TN 2017 NO<INF>X</INF> SIP Call Rule established a state
control program for sources that are subject to the NO<INF>X</INF> SIP
Call, but not covered under CSAPR or the CSAPR Update (background
regarding the CSAPR Update is provided later in this document). The TN
2017 NO<INF>X</INF> SIP Call Rule contains several subsections that
together comprise a non-EGU control program under which Tennessee will
allocate a specified budget of allowances to affected sources.
Subsequently, on May 11, 2018, and October 11, 2018, Tennessee
submitted letters requesting conditional approval \6\ of the TN 2017
NO<INF>X</INF> SIP Call Rule and committing to provide a SIP revision
to EPA by December 31, 2019, to address a deficiency by revising the
definition of ``affected unit'' to remove the unqualified exclusion for
any unit that serves a generator that produces power for sale. Based on
the State's commitment to submit a SIP revision addressing the
identified deficiency, EPA conditionally approved the February 27,
2017, submission. In the same action, EPA approved removal of the
State's NO<INF>X</INF> Budget Trading Program and CAIR rules from
Tennessee's SIP. See 84 FR 7998 (March 6, 2019).
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\5\ EPA notes that it received the submittal on February 28,
2017.
\6\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval.
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Tennessee submitted a SIP revision on December 19, 2019, which
revised Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-
27-.12, ``NO<INF>X</INF> SIP Call Requirements for Stationary Boilers
and Combustion Turbines'' to correct the definition of ``affected
unit'' and to clarify requirements related to stationary boilers and
combustion turbines. On March 2, 2021 (86 FR 12092), EPA published a
final rule which corrected the definition of ``affected unit'' and
clarified requirements related to stationary boilers and combustion
turbines. EPA also converted the conditional approval of the TN 2017
NO<INF>X</INF> SIP Call Rule to a full approval. See EPA's March 2,
2021 (86 FR 12092), final rule for further detail on these changes and
EPA's rationale for approving them.
After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several state budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NO<INF>X</INF> budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Tennessee contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other states. The CSAPR Update reestablished an option for
most states to meet their ongoing obligations for non-EGUs under the
NO<INF>X</INF> SIP Call by including the units in the CSAPR Update
trading program.
The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NO<INF>X</INF> for most covered
states. Tennessee's EGUs participate in the CSAPR Update trading
program, which generally also addresses the State's obligations under
the NO<INF>X</INF> SIP Call for EGUs. However, Tennessee elected not to
include its large non-EGUs in the CSAPR Update ozone season trading
program. Because Tennessee's large non-EGUs do not participate in any
CSAPR or CSAPR Update trading program for ozone season NO<INF>X</INF>
emissions, the NO<INF>X</INF> SIP Call regulations at 40 CFR
51.121(r)(2), as well as anti-backsliding provisions at 40 CFR
51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain
compliance with NO<INF>X</INF> SIP Call requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NO<INF>X</INF> SIP Call
regulations, where a state's implementation plan contains control
measures for EGUs and large non-EGU boilers and combustion turbines,
the SIP must contain enforceable limits on the ozone season
NO<INF>X</INF> mass emissions from these sources. In addition, under 40
CFR 51.121(i)(4) of the NO<INF>X</INF> SIP Call regulations as
originally promulgated, the SIP also had to require these sources to
monitor emissions according to the provisions of 40 CFR part 75, which
generally entails the use of continuous emission monitoring systems.
Tennessee triggered these requirements by including control measures in
its SIP for these types of sources, and the requirements have remained
in effect despite the discontinuation of the NO<INF>X</INF> Budget
Trading Program after the 2008 ozone season.
On March 8, 2019, EPA revised some of the regulations that were
originally promulgated in 1998 to implement the NO<INF>X</INF> SIP
Call.\7\ The revision gave states covered by the NO<INF>X</INF> SIP
Call greater flexibility concerning the form of the NO<INF>X</INF>
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources. The revision amended 40 CFR
51.121(i)(4) to make part 75 monitoring, recordkeeping, and reporting
optional, such that SIPs may establish alternative monitoring
requirements for NO<INF>X</INF> SIP Call budget units that meet the
general requirements of 40 CFR 51.121(f)(1) and 51.121(i)(1). Under the
updated provision, a state's implementation plan still needs to include
some form of emissions monitoring requirements for these types of
sources, consistent with the NO<INF>X</INF> SIP Call's general
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and
51.121(i)(1), respectively, but states are no longer required to
satisfy these general NO<INF>X</INF> SIP Call requirements
[[Page 1536]]
specifically through the adoption of 40 CFR part 75 monitoring
requirements.
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\7\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NO<INF>X</INF> SIP Call,''
84 FR 8422 (March 8, 2019).
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Following EPA's March 8, 2019, revision to the NO<INF>X</INF> SIP
Call requirements, Eastman petitioned TDEC to adopt revised permit
conditions applicable to its Kingsport, Tennessee facility with an
alternative monitoring option for this large non-EGU, along with
corresponding revised recordkeeping and reporting conditions. This
petition resulted in the issuance of the permit for Eastman included as
part of TDEC's SIP submittal. The changes allow Eastman to address the
NO<INF>X</INF> SIP Call's requirements for enforceable limits on ozone
season NO<INF>X</INF> mass emissions through alternative monitoring and
reporting methodologies. The August 11, 2021, source-specific SIP
revision submitted by TDEC contains the permit provisions that TDEC
modified to specifically address the alternative monitoring provisions
allowed under the NO<INF>X</INF> SIP Call and requests conditional
approval of those provisions into the SIP. The contents of the
submittal and EPA's analysis is further discussed in Sections II and
III.
II. Why is EPA proposing this action?
TDEC's August 11, 2021, letter requests that EPA conditionally
approve into Tennessee's SIP Tennessee Air Pollution Control Board
operating permit No. 077509 for Eastman, state effective on August 11,
2021, to provide alternative NO<INF>X</INF> monitoring and reporting
for Natural Gas-Fired Boilers 25-29 (PES B-253-1) at this facility in
accordance with 40 CFR 51.121(i). TDEC requests that this approval be
conditioned on Tennessee's commitment to modify the provisions at
chapter 1200-03-27.12(11) to specify permissible alternative monitoring
and reporting methodologies for large industrial non-EGUs subject to
the NO<INF>X</INF> SIP Call, such as the alternative monitoring and
reporting provisions in permit No. 077509. The submission also includes
a demonstration under CAA section 110(l) intended to show that the
revision would not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. As discussed later in this document, EPA has
reviewed these changes, preliminarily finds them to be consistent with
the CAA and regulations governing the NO<INF>X</INF> SIP Call, and is
proposing to conditionally approve the revisions to incorporate the
source-specific SIP revision into the State's implementation plan.
III. Analysis of Tennessee's Submission
On September 17, 2019, Eastman submitted a petition to request
approval of alternative monitoring, recordkeeping, and reporting
requirements for five boilers subject to the NO<INF>X</INF> SIP Call
(Boilers 25, 26, 27, 28, and 29) at Eastman's B-253 powerhouse. The
petition states that NO<INF>X</INF> emission rates from Eastman's B-253
boilers, which were converted from coal to natural gas operation
between 2013 and 2018, are approximately 20% of the pre-conversion
NO<INF>X</INF> emission rates. As a result, Eastman operates with a
substantial margin of compliance relative to the facility's
NO<INF>X</INF> allocation of 3,047 tons.\8\ The petition states that
Eastman emitted 70% of its allocation during the 2018 ozone season. The
petition also notes that if Boiler 26 had been converted to gas for the
2018 control period, Eastman would have emitted approximately 60% of
its allocation. The petition indicates that these boilers burn only
pipeline quality natural gas and that the units have had similar
average NO<INF>X</INF> emission rates from 2016-2020. Specifically, the
petition requested that Eastman be permitted to demonstrate compliance
with Tennessee Rule 1200-03-27-.12 by monitoring NO<INF>X</INF>
emissions from PES B-253-1, Boilers 25 through 29, using the monitoring
methodology for NO<INF>X</INF> emission rate set forth in 40 CFR part
75, appendix E.
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\8\ Additional information about how this NO<INF>X</INF> budget
allocation was developed is available within the proposed rule to
adopt this budget into the Tennessee's SIP at 83 FR 64497 (December
17, 2018) and the final rule adopting this budget allocation into
Tennessee's SIP at 86 FR 12092 (March 2, 2021).
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That petition resulted in TDEC's issuance of operating permit No.
077509 to address NO<INF>X</INF> SIP Call requirements and to adopt an
alternative monitoring option (along with corresponding recordkeeping
and reporting requirements) for this large non-EGU. Condition 1 of
operating permit No. 077509 allows Eastman to use the alternative
NO<INF>X</INF> monitoring provisions in Condition 2 in lieu of the
requirements established by TAPCR 1200-03-27-.12(11)(a). Condition 2
provides that Eastman may demonstrate compliance with Tennessee Rule
1200-03-27-.12 by monitoring NO<INF>X</INF> emissions from PES B 253-1,
Boilers 25 through 29, using the monitoring methodologies set forth in
40 CFR part 75, appendices D and E, except that the units shall not be
required to meet the definition of a ``peaking unit'' under 40 CFR 72.2
as otherwise required under 40 CFR part 75, appendix E, section 1.1.
Appendix E generally includes requirements for performance testing,
periodic re-testing, procedures for determining the hourly
NO<INF>X</INF> rate, quality assurance standards, recordkeeping
requirements, and reporting requirements.\9\ These revised permit
conditions are consistent with the flexibility provided to states on
March 8, 2019 (84 FR 8422) concerning the form of the NO<INF>X</INF>
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources, such as Eastman, to comply with the
NO<INF>X</INF> SIP Call.
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\9\ 40 CFR part 75, appendix D is also referred to in Condition
2 operating permit No. 077509 because 40 CFR part 75, appendix E
cross-references appendix D's methodology to determine heat input
values.
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Section 110(l) of the CAA prohibits revision of a SIP that would
interfere with attainment or maintenance of a NAAQS, reasonable further
progress toward attainment of a NAAQS, or any other applicable
requirement of the CAA. In its submittal, TDEC includes a demonstration
in accordance with section 110(l) of the CAA that the proposed revision
would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. Tennessee's demonstration concludes that the
proposed changes are compliant with section 110(l) of the CAA because:
(1) NO<INF>X</INF> emissions from Eastman's affected units, including
B-253 Boilers 25 through 29, are substantially below the facility's
NO<INF>X</INF> budget established pursuant to TAPCR 1200-03-27-.12, and
the change would not result in an increase in NO<INF>X</INF> emissions;
(2) the proposed monitoring alternative would not alter the
NO<INF>X</INF> SIP Call budget that limits emissions from the affected
unit; (3) the alternative monitoring requirements would be permanent,
enforceable, and sufficient to determine whether the source is in
compliance with the NO<INF>X</INF> SIP Call emissions requirements; and
(4) the work practice requirements of 40 CFR 63, subpart DDDDD
(periodic tune-ups) will provide additional assurance that the boilers
are operating properly. EPA agrees with Tennessee's rationale
summarized above and the conclusion that the proposed revision would
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA.
In order to address the requirements of the NO<INF>X</INF> SIP Call
for sources that are not covered under a CSAPR trading program for
ozone season NO<INF>X</INF> emissions, SIP revisions must provide for
enforceable emissions limitations
[[Page 1537]]
and require emissions monitoring consistent with the NO<INF>X</INF> SIP
Call's general enforceability and monitoring requirements.\10\ See 40
CFR 51.121(f)(2). EPA is proposing to find that TDEC's submittal meets
these requirements and all other requirements of the CAA, including 40
CFR 51.121(i)(1) and (4), except that Tennessee additionally will need
to modify TAPCR 1200-03-27.12(11) to specify permissible alternative
monitoring and reporting methodologies within one year of the effective
date of EPA's conditional approval. Thus, EPA is proposing to
conditionally approve TDEC operating permit No. 077509, state effective
on August 11, 2021, into Tennessee's SIP pursuant to CAA section
110(k)(4), subject to TDEC's specific commitment to modify the
provisions of TAPCR 1200-03-27.12(11) to specify permissible
alternative monitoring and reporting methodologies within one year of
EPA's conditional approval, as described in TDEC's submittal.
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\10\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
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If Tennessee meets its commitment to submit a SIP revision
modifying the provisions of TAPCR 1200-03-27.12(11) to specify
permissible alternative monitoring and reporting methodologies, as
allowed under 40 CFR 51.121(i)(1) and (4), by 12 months from the date
of final approval of this proposed action, TDEC operating permit No.
077509 will remain a part of the SIP. However, if the State fails to
submit this revision on or before 12 months from the date of final
approval of this action, the conditional approval will become a
disapproval pursuant to CAA section 110(k)(4).
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Sections I
through III of this preamble, EPA is proposing to incorporate by
reference Tennessee Air Pollution Control Board's operating permit No.
077509 for the Eastman Chemical Company, state effective on August 11,
2021. EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
V. Proposed Action
EPA is proposing to conditionally approve Tennessee Air Pollution
Control Board operating permit No. 077509 for the Eastman Chemical
Company, state effective August 11, 2021 for incorporation into the
Tennessee SIP. These changes were submitted by Tennessee on August 11,
2021.
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 CAA 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. This proposed action
merely proposes to conditionally approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> 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);
<bullet> Does not an impose information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 proposed
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
(Authority: 42 U.S.C. 7401 et seq.)
Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-28656 Filed 1-10-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.