Rule2023-02418
Air Plan Approval; Tennessee; Revisions to Control of Sulfur Dioxide Emissions
Primary source
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Published
February 7, 2023
Effective
March 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing the approval of a State Implementation Plan (SIP) revision submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC), through a letter date June 1, 2021. The SIP submittal revises SIP requirements regarding the installation, maintenance, and termination of ambient air sulfur dioxide (SO<INF>2</INF>) monitors near large industrial SO<INF>2</INF> emitting sources in the State. EPA is approving the adoption of the changes to the Tennessee Air Pollution Control Regulations (TAPCR) related to the control of SO<INF>2</INF> emissions into the SIP. EPA's analysis indicates that this SIP revision would not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standards) or any other Clean Air Act (CAA or Act) requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7886-7888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02418]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0201; FRL-10437-02-R4]
Air Plan Approval; Tennessee; Revisions to Control of Sulfur
Dioxide Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision submitted by the
State of Tennessee through the Tennessee Department of Environment and
Conservation (TDEC), through a letter date June 1, 2021. The SIP
submittal revises SIP requirements regarding the installation,
maintenance, and termination of ambient air sulfur dioxide
(SO<INF>2</INF>) monitors near large industrial SO<INF>2</INF> emitting
sources in the State. EPA is approving the adoption of the changes to
the Tennessee Air Pollution Control Regulations (TAPCR) related to the
control of SO<INF>2</INF> emissions into the SIP. EPA's analysis
indicates that this SIP revision would not interfere with attainment or
maintenance of any national ambient air quality standards (NAAQS or
standards) or any other Clean Air Act (CAA or Act) requirements.
DATES: This rule is effective March 9, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0201. All documents in the docket
are listed on the <a href="http://regulations.gov">regulations.gov</a> website. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the 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. 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: Josue Ortiz, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
[[Page 7887]]
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8085. Mr. Ortiz can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b8d7caccd1c2dad7cacaddcad796d2d7cbcdddf8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="462934322f3c24293434233429682c293533230623362768212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Chapter 1200-3-14 of TAPCR regulates SO<INF>2</INF> emissions
within the State of Tennessee. Under the General Provisions of this
chapter, found in TAPCR 1200-03-14-.01(6), the State requires every
owner or operator of a certain large fuel burning installations and
process emission sources to: (1) demonstrate to the satisfaction of the
Technical Secretary that their SO<INF>2</INF> emissions will not cause
interference with attainment and maintenance of any air quality
standard, and (2) install and maintain air quality sensors to monitor
attainment and maintenance of ambient air quality standards in the
areas influenced by their SO<INF>2</INF> emissions. The rule also
allows owners or operators to petition the Technical Secretary to
terminate ambient monitoring previously commenced provided certain
conditions are met.
The June 1, 2021, SIP revision includes changes to Tennessee's
ambient SO<INF>2</INF> monitoring requirements for affected emission
sources, including adding a provision to require the use of permitted
allowable SO<INF>2</INF> emissions for the demonstration that subject
sources are required to make to show that their SO<INF>2</INF>
emissions will not cause interference with attainment and maintenance
of any air quality standard, the removal of a less than 20,000 tons per
year threshold to qualify for the termination of monitors, the addition
of a data completeness requirement for the two years of ambient data
collected prior to termination of monitoring, and the addition of a
monitoring exemption for any fuel burning installation or process
emission source located in an area in which the Technical Secretary
operates one or more ambient SO<INF>2</INF> air quality monitors in the
area under the influence of the source's emissions. Tennessee's SIP
submittal also provides a CAA section 110(l) non-interference
demonstration to show that the changes to paragraph 1200-03-14-.01(6)
will not interfere with any applicable requirement concerning
attainment of any NAAQS and reasonable further progress, or any other
applicable CAA requirement. Lastly, the SIP includes clarifying
administrative changes to the regulatory language at paragraph 1200-03-
14-.01(6).
Through a notice of proposed rulemaking (NPRM), published on
December 5, 2022 (87 FR 74356), EPA proposed to approve the June 1,
2021, changes to Tennessee's Section 1200-03-14-.01. The details of
Tennessee's submission, as well as EPA's rationale for approving the
changes, are described in more detail in the December 5, 2022, NPRM.
Comments on the December 5, 2022, NPRM were due on or before January 4,
2023. No comments were received on the December 5, 2022, NPRM, adverse
or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of the preamble, EPA is finalizing
the incorporation by reference of TAPCR 1200-03-14-.01, General
Provisions, state effective on May 31, 2021, into the Tennessee SIP.
This regulation includes the changes described in Section I, above. 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). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
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\1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of Tennessee's June 1, 2021, SIP
submission revising paragraph 1200-03-14-.01(6). Specifically, the SIP
revision updates Tennessee's regulations related to SO<INF>2</INF>
criteria for applicable sources to install, maintain and terminate
SO<INF>2</INF> ambient air monitors near large SO<INF>2</INF> emitting
industrial sources. Tennessee's June 1, 2021, submittal changes
SO<INF>2</INF> monitoring requirements for process emission sources
emitting more than 1,000 tons of SO<INF>2</INF> per year and fuel
burning installations having a total rated capacity greater than 1,000
MMBtu/hr, including provisions to allow the owner or operator of these
SO<INF>2</INF> sources to petition to terminate ambient air quality
monitoring. The SIP submittal also included a CAA section 110(l) non-
interference demonstration showing that the changes will not interfere
with attainment or maintenance of the NAAQS. EPA is approving these
changes because they are consistent with the CAA.
IV. 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. 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:
<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 impose an 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
[[Page 7888]]
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 10, 2023. 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, Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: January 31, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. In Sec. 52.2220(c), amend Table 1 by revising the entry for
``Section 1200-3-14-.01'' to read as follows:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 1--EPA Approved Tennessee Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
Section 1200-3-14-.01............ General Provisions. 5/31/2021 2/7/2023,..........
[Insert citation of
publication].
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[FR Doc. 2023-02418 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 7, 2023.
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